Law On Public-Private Partnerships

Original Language Title: Закон за публично-частното партньорство

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Name of the law, law on public-private partnership Named Bill Bill for public-private partnership acceptance date 01/06/2012 number/year 2012 Official Gazette Decree No 45/230

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 for public-private partnership, adopted by the National Assembly of the HLI 1 June 2012.

Issued in Sofia on June 12, 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

public-private partnership

Chapter one

GENERAL

Art. 1. This law shall regulate the conditions and procedures for the implementation of public-private partnership (PPP).

Art. 2. (1) the purpose of this law is:

1. to ensure the development of high-quality and affordable services of general interest by achieving better value of the invested public funds;

2. to allow for the promotion of private investment in the construction, maintenance and management of technical and social infrastructure and in the conduct of activities in the public interest;

3. to create safeguards for the protection of public assets and the effective management of public funds in the implementation of PPPs.

(2) in the implementation of PPPs is respecting the principles of publicity, transparency, free and fair competition, non-discrimination, equal treatment and proportionality.

Art. 3. (1) a public-private partnership is a long-term contractual cooperation between one or more public partners, on the one hand, and one or more private partners, on the other hand, for carrying out an activity in the public interest in achieving better value for public funds and invested in the distribution of risks between the partners, which is carried out under the conditions and in accordance with this law.

(2) public-private partnership within the meaning of this law is created when the following conditions are true:

1. award of public-interest activities cannot be carried out in accordance with the public procurement Act, because:

(a)) public partner could not provide funding of activities in the public interest and the same should be wholly or partially borne by the private partner; and

(b) allocation of risks) between the public and the private partner will achieve better value for public funds invested; and

2. the award of the activity of public interest cannot be effected by concession, because there is no revenue from users of the service of public interest or by other third parties in connection with the activities of public interest, and when such revenues – is not provided for the private partner to receive rights on them.

(3) are not PPP within the meaning of this law:

1. concessions which are awarded under the conditions and by the procedure of the law on concessions and the law on mineral resources;

2. public contracts which are awarded in accordance with the conditions and in accordance with the law on public procurement.

(4) where a service of public interest are received revenue from customers or other third parties in connection with the activities of public interest, the private partner can assign their collection for the benefit of the public partner.

Chapter two

ACTIVITY IN THE PUBLIC INTEREST. OBJECTS AND SUBJECTS OF PPP

Art. 4. (1) the Activity of public interest within the meaning of this law is to provide or ensure the provision of one or more services of public interest through funding and construction, and/or management and/or maintenance of:

1. the objects of the technical infrastructure and the Green system:

a) urban: parking lots, garages, objects of public transport, surveillance and security systems, street lighting systems, green areas, parks and gardens;

b) parking lots, garages, parks and gardens in separate plots outside of urbanized areas;

2. objects of social infrastructure designed to:

a) health;

(b)) education;

c) culture;

d) sport, recreation and tourism;

e) social assistance, social housing and dormitories;

f) serve a custodial sentence;

(g)) implementation of administrative activities of public partners.

(2) service of public interest is any service for the benefit of society, the responsibility for the provision of which is worn habitually or normative act by the public partner.

Art. 5. (1) the objects of art. 4, al. 1 may include land, buildings, facilities, movable assets or rights of industrial or intellectual property and can belong to:

1. the State, municipality or organization, publičnopravnata and/or

2. the private partner.

(2) for the duration of the PPP none of the partners is not entitled to perform prehv″rlitelni transactions in favour of third persons with the object with which the business is carried on in the public interest.

(3) the object of the activity of public interest must be insured. The risk of total or partial damage to or loss of the object being worn by the owner.

Art. 6. (1) in PPPS allocate risks between the public and private partner. The distribution of the risks be determined specifically for each case of PPP depending on the capabilities of the partners to assess, control and manage the risks.

(2) the private partner assumes the construction risk and always at least one of the risks to availability or to search for a service of public interest.


(3) the assumption of risks under para. 2 does not guarantee refunding for performance of the contract for PPP.

(4) When the price of the service of public interest is determined by statutory or administrative act, the risk associated with a demand for the service in the public interest, is shared between the public and private partner or is assumed entirely by the public partner.

Art. 7. in the PPP supported economic balance, which represents a balance between the benefits for the public and the private partner and the allocation of risks between them.

Art. 8. (1) the private partner carries out its activities in the public interest and ensures its funding.

(2) the private Ppp partner leads the cost accounting for the activities and services provided.

(3) the private partner participating in the PPP at a certain rate of return on his capital (the rate of return for the private partner), which is provided through financial support by the public partner.

Art. 9. (1) the public partner participated in PPPs through financial support of a private partner, which is in the form of:

1. payments to the private partner;

2. grant of rights to properties or parts of properties that are different from the object with which the business is carried on in the public interest, to perform additional business and/or to provide additional services outside the activity of public interest;

3. the granting of rights to perform additional business and/or to provide additional services beyond the activity of public interest with the object with which the business is carried on in the public interest.

(2) the financial support is provided under the terms of the law on State aid.

(3) the amount of financial support is defined as the amount of the payments to the private partner, the price of the rights granted under paragraph 1. 1, item 2, and the profit of the private partner from doing additional business and/or additional services provided.

(4) where the rate of return for the private partner to be exceeded, to its recovery, the public partner:

1. reduces or suspends payments or

2. receive part of the profits of the private partner from doing additional business and/or additional services provided under conditions and in accordance with procedures laid down by the Treaty.

Art. 10. (1) the payments to the private partner are used to recover investment costs and to cover operating costs for the management and/or maintenance.

(2) the recovery of investment costs covers the equity with the fixed rate of return for the private partner and the new capital with its price.

(3) the public partner shall make the payments only when the object and/or the service are in accordance with the agreed technical specifications fitness, volume and quality. In case of discrepancy payment respectively shall be reduced or suspended.

Art. 11. (1) the grant of rights under art. 9, para. 1, item 2 shall be carried out by the formation of limited real rights in property or renting of properties or parts of properties that are different from the object with which the business is carried on in the public interest, and are the property of the State, municipality or organization publičnopravnata.

(2) the establishment of limited real rights on real estate and rental of properties or parts of properties under para. 1 shall be carried out under the conditions and in accordance with this law. In these cases do not apply the terms and limitations concerning the time-limits laid down in the law on State property and the law of municipal property.

(3) no rights may be granted under paragraph 1. 1 on the objects and properties, which are public State or public municipal property.

(4) the rights under paragraph 1. 1 shall provide for a period no later than the termination of the PPP.

(5) the private partner has no right to perform prehv″rlitelni transactions in favour of third persons with established rights and constructed.

(6) the PPP shall specify the rights and limitations of the private partner to sublease, lease and use jointly with third parties, over which the property have been conferred rights.

Art. 12. (1) a public-private partnership shall be effected by a contract for PPP.

(2) the term of the contract for PPP can be from 5 to 35 g.

(3) the specific duration of the PPP is determined on the basis of:

1. financial-economic indicators of the PPP project, including the time required of the private partner for the recovery of money invested in fixed rate of return for the private partner;

2. technical and/or technological characteristics of the object with which the business is carried on in the public interest, and/or work in the public interest.

Art. 13. Public partners are:

1. the Ministers and heads of departments for Government-PPP, which have as their object the activities of public interest, performed with objects of art. 4, al. 1, which are State-owned and/or which, by virtue of law are assigned to the central body of the Executive power;

2. mayors of municipalities – municipal PPPs, which have as their object the activities of public interest, performed with objects of art. 4, al. 1 which are the property of the municipality and/or which, by virtue of law are assigned to the organs of local self-government or mayors of municipalities;


3. State and municipal public organisations – for activities carried out in the public interest, with objects of art. 4, al. 1 who are their property and/or assigned to them by law, by the Act of their creation or any other Act of the competent authority.

Art. 14. (1) a party to a private partner for PPPs, contract can be a capital company, which is an existing or newly formed, in compliance with the requirements of this law.

(2) there shall be no equity trading company – a party to a contract for PPPs, to issue bearer shares.

(3) the annual financial report of the private partner is subject to inspection by a registered auditor in accordance with the law on independent financial audit.

Chapter three

PLANNING, ACCOUNTABILITY AND VISIBILITY OF PUBLIC-PRIVATE PARTNERSHIP

Art. 15. (1) the Council of Ministers shall determine State policy for PPPs, such as:

1. approve, amend and update the national programme for public-private partnership and operational plan for each programming period, on the proposal of the Minister of finance;

2. adopts decisions for the initiation of procedures for determination of the private partner, as well as decisions on the amendment, addition, extension and termination of contracts for civil; PPP

3. approve the annual report of the Minister of Finance on the implementation of the national programme for PPP and the operational plan on the basis of the annual accounts of public partners for the implementation of PPP contracts for Government.

(2) the national plan contains general and specific objectives, development strategy and the key priorities for the implementation of PPPs in the country.

(3) the operational plan shall be drawn up in years and contains the PPP projects for Government and for PPP Government public organizations, as well as the time limits for completion of projects and the resources needed for their implementation with the specified shape and amount of financial support. Those included in the operational plan terms and values are estimated.

(4) cannot be implemented for PPP, which is not included in the operational plan.

Art. 16. (1) for PPP Projects with scheduled payments from the State budget, for which the forthcoming opening of the procedure for the establishment of a private partner, shall be included as an annex to the law on the State budget of the Republic of Bulgaria for the year.

(2) the specific budgetary resources required for payments under PPP contracts are included in the law on the State budget of the Republic of Bulgaria for the year.

Art. 17. (1) the Ministers and the heads of other departments carry out the State policy for PPPs in accordance with their sector competence.

(2) the Minister of finance implements the State policy on the effective and efficient spending of public funds in the implementation of PPPs.

Art. 18. (1) the policy for municipal PPP is determined by the relevant municipal Council with the municipal development plan and is run by the Mayor of the municipality, including in respect of municipal public law bodies.

(2) the Municipal Board shall adopt decisions to open procedures and for the establishment of a private partner, as well as decisions on the amendment, addition, extension and termination of contracts for municipal PPPs. Decisions shall be adopted by a 2/3 majority of the total number of advisors.

(3) the Municipal Council may adopt decisions for the initiation of a procedure for determining the private partner within 39 months of his election.

(4) in the implementation of the municipal plan for development in the private section to include municipal PPPS, the deadlines for their implementation in stages and the form and the amount of financial support for each individual project. In the program include PPP projects of municipal public law bodies. Can't make PPP project, which is not included in the programme for the implementation of the municipal development plan.

(5) municipal councils adopted annual accounts of the mayors of the municipalities, as well as the governing bodies of municipal public organizations for the implementation of the PPP contracts by 31 March of the following year.

Art. 19. (1) where the source of financial support are own revenues, total countervailable subsidy and/or municipal debt within the meaning of the law of municipal debt, the annual cumulative amount of payments to the private partners for PPPs, contract in each year may not exceed 15 per cent of the total countervailable subsidy and own income, osrednena for the past three years According to the annual reports on the implementation of the budget the budget of the municipality. When the source of financial support is the municipal debt within the meaning of the law of municipal debt, and apply the provisions of the law on municipal debt.

(2) the conclusion and execution of contract for PPP may not violate the indicators and limits laid down in the law on municipal budgets and in the law on municipal debt for each year of implementation of the Treaty.

Art. 20. (1) in the implementation of the municipal project for the PPP, which has as its object the provision of a service of general interest as delegated by the activity, the condition for the adoption of a decision to open the procedure for the determination of the private partner is also given a favourable opinion by the competent national authority in the area of the State assigned activity.

(2) the coordination with the competent national authority under para. 1 is performed during the budgetary procedure on the line for her.


(3) For projects under par. 1 the financial support of the total subsidy for the delegated State activities is within the funds approved by the law on the State budget of the Republic of Bulgaria for the year concerned, on the basis of a single standard for specified financing expense of the particular activity.

(4) the annual rate of payments made by the municipal budget for the municipal PPPS PPPs and municipal organisations is governed by public law within the limits of art. 18 and 19.

Art. 21. (1) for PPP Projects with scheduled payments from the municipal budget, for which the forthcoming opening of the procedure for the establishment of a private partner, shall be included as an annex to the municipal budget of the municipality for the year.

(2) the specific budgetary resources required for payments under PPP contracts, is included in the municipal budget for the respective year. With the decision to adopt the municipal budget for the relevant year, the Municipal Council shall determine:

1. the maximum size of the payments, which the municipality can take as an obligation on new projects for the PPP in the year included in the implementation of the municipal development plan, in accordance with the requirements of the law;

2. the amount of the payments on projects towards the end of the financial year, including the residual amount of the obligations under the concluded contracts for the PPP and the intentions of the municipality for PPP projects in the relevant year;

3. the total amount of payments from the municipal budget to the private partners for the year under all contracts for PPP.

Art. 22. The conditions and procedures for planning and the criteria for inclusion of PPP project in the operational plan and in the programme for the implementation of the municipal development plan shall be determined by an Ordinance of the Council of Ministers, on a proposal from the Minister of finance.

Art. 23. where the law does not provide otherwise, the cash proceeds from the sale of documentation and of the guarantees to participate in procedures for the establishment of a private partner, as well as penalties, guarantees, benefits and other income from contracts entered into for the PPP do the budget of the Office, municipality or a body governed by public law.

Art. 24. (1) the Department of finance leads and maintains a public register of the PPP, which has free and open access through the Internet.

(2) the register of PPP contains:

1. National Programme for public-private partnership and operational plan for each programming period;

2. municipal projects for PPP and PPP projects of municipal public organisations involved in programmes for the implementation of local development plans;

3. decisions on the opening of procedures for determination of the private partner;

4. notices for the conduct of the procedure for the determination of the private partner;

5. decisions on the determination of the private partner;

6. financial-economic analyses;

7. contracts concluded for PPP without the data representing the commercial or technical secret;

8. the report of the Minister of Finance on the implementation of the national programme for PPP and the operational plan and the annual accounts of public partners for the implementation of the PPP contracts;

9. information on the implementation of the PPP contracts of public bodies;

10. additional agreements, amendments or additions of contracts for PPPs;

11. contracts for the extension of the PPP contracts with the successor in title;

12. decisions on termination of the PPP contracts;

13. other information, determined by the regulation for implementation of the law.

(3) the documents, contracts and supplementary agreements under paragraph 1. 2 electronically shall be entered in the register of PPP within 14 days of their adoption or entry into force by officials designated by the Minister of finance for the Al. 2, item 1 and 8, and by the public partner – for the remaining documents in the Al. 2.

(4) the content, conditions and procedures for the keeping and maintenance of the register of PPP shall be determined by the regulation for implementation of the law.

Art. 25. for the purposes of reporting and statistics on public finance, the Minister of finance may require from the parties to the contract for PPP to submit reports and other information, such as determining the content, form and deadline for submission.

Art. 26. Methodological guidelines on the application of the law are given by the Department in the administration of the Council of Ministers designated by the Prime Minister.

Chapter four

PROCEDURE FOR MAKING A PPP

Section I

Initiative on PPPS from interested person

Art. 27. Any person concerned may propose to the competent public partner implementation of PPP.

Art. 28. (1) the proposal of the person concerned shall be accompanied by a justification and financial-economic analysis, and when it involves construction – and from pre-feasibility study or investment project.

(2) Predinvesticionnoto research or investment project can be used for the elaboration of the technical specifications in the contract documents or in the descriptive document.

(3) where the public partner is used predinvesticionnoto study or investment project, the person concerned shall be entitled, if it is not specified for a private partner, the reward for the technical specifications used in the data from the survey of predinvesticionnoto or investment project. The amount of remuneration shall be determined by the public partner in the methodology set out in the regulation for implementation of the law, and shall be paid within one year of the publication of the notice.

(4) the proposal of the person concerned does not give rise to it other rights or privileges, except the right under paragraph 1. 3.

Section Ii


Preparatory actions

Art. 29. The preparatory actions shall be carried out by the public partner for PPP projects, which are included in the operational plan, respectively, in the programme for the implementation of the municipal development plan.

Art. 30. (1) the preparatory actions include providing justification to demonstrate the socio-economic feasibility of the project through the PPP, which is based on:

1. pre-feasibility study or investment project – when the PPP includes construction;

2. financial-economic analysis, which demonstrate at least:

tolerance and the State budget), according to the municipal budget or the budget of the publičnopravnata project organisation for PPPs, and b) achieving better value for public money invested through PPPS;

3. legal analysis of the implementation of the legal requirements for the implementation of PPPs.

(2) when the preparatory actions are a result of the initiative of a private partner, the public partner may use the documents in whole or in part under art. 28, para. 1.

(3) financial and economic analysis of governmental PPP and PPP government organizations governed by public law shall be approved by the Minister of finance.

(4) the justification is approved by the public partner appointed on the proposal of the expert advice from him.

Art. 31. on the basis of the approved statement public partner:

1. has to offer an update on the operational plan, respectively of the programme for the implementation of the municipal development plan and inclusion of PPP project in the Bill on the State budget, according to the project of the municipal budget for the following year;

2. ensure the preparation of projects of decision notice and documentation, respectively, descriptive document to participate in the procedure for the determination of the private partner, including a draft contract for PPP.

Section Iii

Procedure for determining the private partner

Art. 32. (1) the procedure for the determination of the private partner include:

1. the adoption of a decision to open the procedure for the determination of the private partner;

2. carrying out the procedure for the determination of the private partner;

3. the adoption of a decision for the establishment of a private partner, respectively the decision terminating the procedure.

(2) the decisions referred to in paragraph 1. 1, paragraphs 1 and 3 shall be adopted by:

1. The Council of Ministers, on a proposal from the Minister or head of Department – Government PPP and PPP government organizations governed by public law;

2. the City Council on a proposal from the Mayor of the municipality – municipal PPP and PPP on municipal public law bodies.

(3) When the PPP involved more than one public partners, the decisions referred to in para. 1 shall be adopted by the authorized body of any public partner.

Art. 33. (1) the private partner is determined by means of an open procedure, the restricted procedure, a competitive dialogue or a negotiated procedure with publication of a contract notice, under the conditions and pursuant to the public procurement Act, insofar as not otherwise defined in this Act.

(2) the powers of the contracting authority, laid down in the public procurement Act, enforced by the public partner, except in the cases under art. 32, para. 2 and 3, art. 34, para. 1, art. 35, art. 38, para. 2 and 3, art. 56, para. 2, art. 57, al. 2 and art. 70.

Art. 34. (1) the decision to open the procedure:

1. identify at least the terms of the contract for PPP, the basic rights and obligations of the parties and the maximum amount of the rate of return for the private partner;

2. Approves the contract notice and contract documents for the establishment of a private partner, and when the procedure is adversarial dialogue – a descriptive document.

(2) the decision to open the procedure was published in the register of public procurement.

Art. 35. (1) notice of procedure for determining the private partner contains information under art. 25, para. 2 of the law on public procurement, such as:

1. in article describes the object with which the business is carried on in the public interest, and it is stated that the same PPP runs through;

2. the guarantee for the performance of the contract shall indicate all the guarantees laid down in the draft Treaty for PPPs;

3. terms and method of payment indicating the maximum size of the payments, as well as other forms of financial support.

(2) the notice shall state:

1. the allocation of essential Lynx forges;

2. the conditions that determine the economic balance of the contract for PPP, as well as the circumstances of a factual or legal nature related to the object or activity with the service of general interest, whose occurrence would lead to a disruption of the balance sheet;

3. the conditions for the use of or disable the site or part of it for collateral, if any.

(3) the public partner may include in the notice:

1. condition of the contract for PPP to run through a public-private company or by a specially created project company;

2. limit the number of candidates in accordance with art. 25, para. 4 of the law on public procurement;

3. other conditions or requirements depending on the specifics of the activity of public interest.

(4) the notice shall be entered in the register and shall be published in the official journal of the European Union under the conditions and pursuant to the public procurement Act.

Art. 36. (1) for applicants and participants in the proceedings shall apply the requirements of chapter IV of the law on public procurement.

(2) the participants submit a tender pursuant to chapter IV, section II of the law on public procurement, the financial-economic model for the implementation of PPPs.

Art. 37. (1) the evaluation of bids shall be made on the criterion most economically advantageous tender.


(2) the amount of the payments by the public partner, when any, optional indicator in connecting the most economically advantageous tender. Such indicators may include the duration of the PPP and others depending on the specifics of the activity of public interest.

Art. 38. (1) on the basis of the classification made by the Commission for the conduct of the procedure, the public partner shall submit to the appropriate authority under art. 32, para. 2 and 3 report and the draft decision to determine the private partner within one month of completing the work of the Commission. The Protocol applies to the report of the Commission under art. 72 of the law on public procurement.

(2) on the basis of the report and the minutes of the Commission following the judgment of the facts and circumstances in them the authority under art. 32, para. 2 and 3, shall adopt a decision to:

1. determination of participant ranked first for a private partner, or

2. termination of the proceeding in the cases under art. 39 of the law on public procurement.

(3) on the proposal of the public partner authority under art. 32, para. 2 and 3, may adopt a decision to designate a private partner for the second-ranked player in the cases under art. 74, para. 2 of the law on public procurement.

Art. 39. the decision for the establishment of a private partner are:

1. specify the terms of the contract for PPP and the rights and obligations of the parties, which are not defined or are defined in the limits with the decision to open the procedure for the determination of a private partner, in accordance with the tender to the tenderer designated as the private partner, in agreeing with the proposals respectively – negotiated procedure with the publication;

2. set a time limit for the conclusion of the contract for PPP, which may not be longer than three months.

Chapter five

THE CONCLUSION AND EXECUTION OF CONTRACT FOR PPP

Section I

Conclusion of a contract for PPP

Art. 40. (1) the PPP contract is concluded by the public partner and participant in the procedure set for a private partner, when equity trading company.

(2) in the cases specified in this law, the contract is concluded with a PPP project company or a public-private company.

Art. 41. (1) the public partner shall conclude a contract for PPP not earlier than the expiration of 14 days from the notification of the decision to the stakeholders for the establishment of a private partner, except in cases where the participant designated for a private partner is only interested participant.

(2) the time limit for the conclusion of the contract for PPP, determined by the decision on the establishment of a private partner, starts to run from the date of entry into force of the decision or order was granted provisional enforcement.

Art. 42. (1) the contract is concluded for PPPs without conducting negotiations in accordance with the draft agreement included with the contract, and with the offer when negotiating proposals respectively in the negotiated procedure with the publication of the participant, who was ranked first.

(2) in the cases under art. 38, para. 3 the contract is concluded after conducting negotiations to improve the proposals on the criteria for the integrated assessment of the offer.

Art. 43. the contract for PPP shall be concluded in written form at least in three original copies, one for the party and one for the public register of PPP to the Ministry of finance. The annexes to the contract for PPP are made in the number of copies and originals of the contract.

Section Ii

Content and performance of the contract for PPP

Art. 44. (1) the contract for the PPP include at least:

1. the parties to the contract;

2. subject of the contract, which contains a description of the site and the activities of public interest, as well as the service of public interest – where applicable;

3. the entry into force of the Treaty, the preconditions, if any, and the duration of the contract;

4. the amount and sources of funding from the private partner;

5. the specific amount of financial support, the forms, the terms and conditions for the provision by the public partner, the terms and conditions for its reduction or suspension and payment periods, when such are provided;

6. the allocation of risks between the parties;

7. the amount of the rate of return for the private partner, identified with financial-economic model, as well as procedures for its calculation, reporting and controlling;

8. the conditions and procedures for obtaining public partner of the excess profits of the private partner of the corresponding rights;

9. the conditions that determine the economic balance, and the circumstances of factual or legal nature related to the object or activity with the service of general interest, whose occurrence or variation would result in the disruption of the balance sheet;

10. the rights and obligations of the parties, the terms and the timetable for implementation;

11. terms and conditions for the insurance of the object with which the business is carried on in the public interest, and of the objects submitted to perform additional business and/or the provision of additional services outside the activity of public interest;

12. technical specifications;

13. the terms and conditions for use of subcontractors;

14. the conditions and procedures for the conduct of accountability and control of the implementation of the obligations of the private partner;

15. the guarantees for the performance of the contract and responsibility for failure, including penalties;

16. the conditions and procedure for amendment of the contract in accordance with section IV;

17. procedures for the early termination of the contract on the grounds of section V;

18. the consequences of the termination of the contract.


(2) an integral part of the contract for PPP's financial-economic model, proposed by the tender to the tenderer designated as the private partner.

Art. 45. (1) in the performance of the contract for PPP are implemented, monitoring and control of the implementation of the obligations of the parties, as well as audit of the private partner.

(2) the parties to the contract for PPP are obliged to ensure the keeping and preservation of records and information protection in connection with the performance of the contract.

(3) the private partner provides publicity for the execution of the contract for PPP.

Art. 46. (1) in the performance of the contract for PPP, the private partner has the rights of a contracting entity within the meaning of the spatial planning Act and in cases where the activity of public interest is realized with the object, the property of the State, municipality or organization publičnopravnata.

(2) upon performance of the contract for PPP, the private partner may use subcontractors which are specified in the offer. When referred to in the offer shall be replaced or arise from the use of another, the private partner selects the new subcontractor by a procedure under the law on public procurement.

Art. 47. (1) in the contract for PPP describes the State of the object with which the business is carried on in the public interest at the date of conclusion of the contract.

(2) where the activity is carried out in the public interest with an object owned by the public partner with the Treaty requirement on the State in which the object is returned to the public partner after the expiry of the term of the contract.

(3) where the activity is carried out in the public interest with an object owned by the private partner, with can be arranged the transfer of the ownership of the State, municipality or organization publičnopravnata, lays down the conditions, procedure and time limits for this.

Art. 48. (1) where the provision of financial support falls within the scope of the law on State aid and is not exempted from the notification obligation under art. 7, para. 1 of the same law, the Treaty shall enter into force for PPP after a positive decision from the European Commission on the compatibility with the common market.

(2) where the provision of financial support constitute aid falling within the scope of the exemption for PPP contract shall enter into force after a favourable opinion to the Minister of finance under art. 9, para. 2 of the law on State aid.

Section Iii

Venture project and public-private company for performance of a contract for PPP

Art. 49. (1) where the tenderer, designated for a private partner, it is not a capital company, as well as when it is stated in the contract notice or in the tender to the tenderer designated as the private partner for PPPs, the contract is concluded with a newly formed company equity (venture project), in which:

1. the successful tenderer designated as the private partner is the sole owner of capital or

2. participants in the grouping, which is not a trader, are partners or shareholders and hold around the capital in the ratio of the Treaty of Union.

(2) The company is bound by the tender to the tenderer designated as the private partner.

(3) The company shall be established for a period of not less than the duration of the contract for PPP.

Art. 50. (1) where it is provided with the notice, the contract for PPP is concluded with a newly formed capital trading company (a public-private company), in which the partners or shareholders are the participant designated for a private partner (private partner), and the State, the municipality, publičnopravnata organization and/or public undertaking (public partner).

(2) the conclusion of the PPP with a public-private company shall be justified by:

1. features of the activity of public interest, which necessitate a constant control over the supply or provision of services of general interest;

2. other circumstances that require the creation of a public-private company.

(3) in the cases referred to in para. 1 in the documentation, respectively, in the descriptive document and shall determine:

1. the amount of the share of the public and the private partner in the capital of the public-private company;

2. the type and amount of contributions that the public and the private partner participating in the capital;

3. the non-monetary contribution, with which the public partner participates in the capital, where such is provided;

4. the arrangements for financing the activities of the company;

5. the essential terms of the Statute, the articles of Association accordingly;

6. the procedure for notifying the public partner in the event of a change of control of the private partner and the consequences of change.

Art. 51. (1) the private partner takes part in the public-private company with cash and/or in-kind contribution.

(2) the participation of the public partner in the capital of the public-private company with cash and/or in-kind contribution and financial support within the meaning of art. 9.

(3) the non-monetary contribution by the public partner may have as their object rights in rem in limited real estate, which are different from the object with which the business is carried on in the public interest, and are the property of the State or municipality publičnopravnata organization, as well as movable property and rights of industrial or intellectual property. In these cases, the requirements of art. 11 shall apply accordingly.

Art. 52. (1) the public-private company shall be managed by the private partner. The public partner may also participate in the management.

(2) the public partner, regardless of his share in the capital of the public-private company, there is a blocking quota when making decisions about:

1. amendment of the articles of association or the articles of Association;


2. increase and reduction of capital;

3. the conclusion of the transactions under art. 236, para. 2 of the commercial code;

4. making the conclusion of property transactions – the subject of in-kind contribution of public partner;

5. reorganisation and winding up of the company.

(3) public-private company shall be established for a period until the termination of the PPP.

Art. 53. (1) the private partner has an obligation to provide the public-private družestvoresursite, which has demonstrated compliance with the requirements of economic and financial standing and of technical capacity and qualifications, so far as this is necessary for the performance of the contract for PPP.

(2) the private partner can perform one or more of the activities – the subject of the contract for PPP, as a subcontractor.

(3) the manner of provision of resources and the involvement of the private partner as subcontractor shall be indicated in the offer and included in financial-economic model.

(4) the private partner is responsible jointly and severally with the public-private company for the execution of the contract for PPP.

(5) paragraphs 1 to 4 shall apply accordingly for the sole owner and for shareholders in the company.

Art. 54. (1) The company and the public-private company:

1. to carry out activities that are not related to the performance of the contract for PPP, including through participation in the procedures under the public procurement Act and the law on concessions;

2. to participate in other companies or associations.

(2) in violation of a prohibition under para. 1 and in the event of non-observance of art. 52, para. 2 the public partner shall have the right to terminate the contract for PPP.

Art. 55. For the project company and the public-private company applies the commercial law, unless otherwise provided in this Act.

Section Iv

Amendment of the contract for PPP.

Succession

Art. 56. (1) the PPP contract may be amended or supplemented by additional agreement.

(2) the supplementary agreement shall be concluded between the public and private partner without a decision of the authority under art. 32, para. 2 and 3, where the amendments are within the decision to open the procedure for the establishment of a private partner, of the notice of the decision for the establishment of the private partner and the bid of the tenderer designated as the private partner.

(3) the contract for PPP may be amended and/or supplemented after the decision of the authority under art. 32, para. 2 and 3, including in respect of the object with which the business is carried on in the public interest, when due to unforeseen circumstances has become a necessary assignment of the private partner of additional works, which is not included in the contract, an amendment to the type or volume of the works included in the contract or the award of additional services of public interest under the following conditions:

1. works or services cannot be technically or economically separated from the subject of the contract without major inconvenience to the public or if the partner can be separated, are essential for the performance of the contract; and

2. the total value of the additional construction or of the additional services is not more than 50 per cent of the value of the works or services under the contract or the amount of additional services does not exceed 50 per cent of the volume of the services specified in the contract; or

3. the total value of the modified construction does not decrease or does not exceed the value of the construction contract with more than 50 percent.

(4) except in the cases referred to in paragraph 1. 2 and 3 the contract for PPP may be amended and/or supplemented only to recover economic balance of the contract under the conditions and in accordance with Chapter vi.

(5) amendments or additions to the contract for PPP under para. 3 shall apply accordingly to art. 69-71.

Art. 57. (1) upon conversion of the private partner within three months from the registration of the conversion in the commercial register, the successor in title of the private partner may request the extension of the contract for PPP with him, providing evidence that:

1. meet the requirements laid down in the tender notice;

2. There are no circumstances under art. 47, para. 1, 2 and 5 of the law on public procurement;

3. meets the other requirements concerning the performance of the contract, as defined by law.

(2) when the successor qualifies under para. 1, the authority under art. 32, para. 2 and 3, shall adopt a decision on the continuation of the PPP with the transferee within two months from the filing of the application or removal of the irregularities.

(3) on the basis of the decision referred to in paragraph 1. 2 the public partner shall conclude a contract for the extension of the contract for PPP with the transferee, with which I can change the conditions, rights and obligations under the contract for PPP.

(4) where, within the period referred to in paragraph 1. 1 is not a request for extension of the contract for PPP, it is terminated.

Section V

Termination of a contract for PPP

Art. 58. (1) the contract for PPP is terminated with the end of the period.

(2) in the cases referred to in para. 1 the private partner is not entitled to compensation or other payment of countervailing for reaching the rate of return for the private partner.

Art. 59. Before the expiry of the deadline for PPP contract shall be terminated without notice:

1. in the cases under art. 57, al. (4);

2. in the case of bankruptcy of the private partner – from the date of entry into force of the decision;

3. on other grounds provided for in the statute or in the contract, by the date specified in them.

Art. 60. the PPP contract can be terminated unilaterally or by mutual consent of the parties: 1. the total or partial loss of the object with which the business is carried on in the public interest;


2. in the subsequent emergence of a threat to the national security and defense of the country, for the environment, for human health, for protected areas, areas and objects and to public order, or

3. when the other conditions provided by the law or the contract for PPP.

Art. 61. (1) upon failure to comply with the Treaty on the non-breaching party PPP can terminate it after having given the other party a reasonable period of time for performance with a warning that after the expiry of the time limit will considered for contract terminated. The warning shall be made in writing in the order and in the terms laid down in the Treaty.

(2) the public partner may terminate the contract without giving the turnaround, with a significant failure by the private partner of the basic obligations laid down by the Treaty.

Art. 62. (1) the termination of the PPP shall be carried out by the public partner after a decision of the authority under art. 32, para. 2 and 3.

(2) upon early termination of the contract, the private partner is obliged to perform his duties to the taking over by the person indicated by the public partner, but not more than 6 months.

(3) in the case of early termination of the contract the registered auditor of the private partner financial audit carried out by the end of the month following the date of termination of the contract. Financial audit is carried out within three months and contains the data necessary to determine the amount of benefits under this section.

Art. 63. (1) upon early termination of contract for PPP for a reason for which the public partner is responsible, the private partner is entitled to compensation in the amount of:

1. the amount of the unrecovered investment costs – when the object with which the business is carried on in the public interest, is the property of the State, municipality or organization publičnopravnata;

2. the amount corresponding to the rate of return for the private partner for the entire duration of the contract, less the value of the recovered investment costs – when the object with which the business is carried on in the public interest, is the property of the private partner.

(2) upon early termination of the contract for PPP for a reason for which the private partner is responsible, the public partner:

1. due to the private partner compensation in the amount of unrecovered investment costs, reduced by the amount corresponding to the rate of return for the private partner for the entire duration of the contract, but not exceeding the market value of the site at the date of termination of the contract – when the object with which the business is carried on in the public interest, is the property of the State, municipality or organization publičnopravnata;

2. no compensation to the private partner – when the object with which the business is carried on in the public interest, is the property of the private partner.

(3) in the cases referred to in para. 2, item 1, the public partner does not owe compensation when at the date of termination of the contract the market value of the object is reduced in relation to the market value at the date of conclusion of the contract and the reduction is the result of reason PPP contract was terminated.

(4) in the cases referred to in para. 2, item 2 the private partner of the recovery due to the date of termination of the contract, financial support for the investment costs in the performance of the contract.

(5) in determining the amount of the benefit due, taking into account the amount of depreciation and the financial assets of the private partner.

Art. 64. (1) regardless of the benefits referred to in art. 63, with the PPP agree penalties for his early termination.

(2) a contract for PPP set time limits and procedure for payment of the benefits payable and penalties. The benefits of art. 63, para. 1 and 2 shall be paid in equal annual installments for the remaining period of the term of the terminated contract, when the Treaty is not otherwise specified.

Art. 65. (1) No compensation is due in the case of early termination of the contract by reason of which none of the parties is not responding.

(2) where the early termination of the contract under paragraph 1. 1 is due to the loss of the object with which the business is carried on in the public interest, and the object is owned by the State, municipality or private organisation publičnopravnata partner is entitled to receive a part of the insurance compensation in the amount of unrecovered investment costs.

Art. 66. (1) in all cases of termination of the PPP, the private partner is obliged to hand the object with which the business is carried on in the public interest when it was owned by the State, municipality or organization, and publičnopravnata properties or parts of properties to perform additional business activities under art. 9, para. 1, item 2, together with the priraŝeniâta and the improvements the public partner. The private partner is not entitled to retain on site upon termination of contract for PPP.

(2) the object is transmitted within a time limit set by the Treaty, but not longer than the period under art. 62, para. 2.

(3) in case of refusal or inability of the private partner to deliver the object, the public partner shall appoint a Commission to compose a statement, which noted the status of the entity and certifies the refusal or inability to surrender. The Protocol is the basis for the issue of a warrant for the seizure of the object in accordance with the law on State property or of the law of municipal property.

(4) the date of adoption of the object, and in the cases referred to in para. 3 – from the date of seizure:


1. the site – State property passes into the Management District Manager or other person, as determined by law, by decision of the Council of Ministers or in the Act of State property;

2. the object-municipal property, passing in the management of the Mayor of the municipality;

3. the object-property of a body governed by public law, goes into her domain.

Art. 67. The outstanding cases concerning the conclusion, implementation, amendment and termination of the PPP contracts shall apply the relevant provisions of the commercial law and the law on obligations and contracts.

Chapter six

ECONOMIC BALANCE OF PPP CONTRACTS

Art. 68. (1) upon conclusion of a contract for PPP is determined economic balance of the PPP, which is the balance between the benefits for the parties and the distribution of risks between them.

(2) Designated in the contract economic balance of PPP is maintained throughout the period of the contract.

(3) at the conclusion of the contract, in accordance with the notice, the circumstances shall be determined by the factual or legal nature relating to the object, with the activity or service in the public interest, or in the event that the economic climate balance would be disturbed.

(4) the economic balance may be disturbed and where:

1. as a result of changes in legislation or by decision of a regulatory authority have changed the conditions for financing, construction, management or maintenance of the object with which the business is carried on in the public interest, and/or the conditions for the provision of the service of public interest;

2. as a result of force majeure to suspend activities;

3. perish all or part of the object with which the business is carried on in the public interest, or step on an objective impossibility to use for its intended purpose, except in cases where the loss or objective impossibility is due to the culpable act or omission of the private partner;

4. risk to the national security and defense of the country, for the environment, for human health, for protected areas, areas and objects and to public order.

Art. 69. (1) upon violation of economic balance each of the parties to the contract for PPP may request amendment of the contract to restore economic balance. The request shall be made to the other side with a reasoned proposal on the basis of a new complex analysis of the circumstances that led to the disruption of economic balance.

(2) a reasoned proposal justifies amending or supplementing the Treaty concerning:

1. technical parameters and/or the type and volume of activities carried out by the private partner activities in the public interest;

2. the term of the contract;

3. the conditions and procedures for the funding of the private partner and/or for the granting of financial support by the public partner;

4. other conditions set out in the notice.

(3) in the cases referred to in para. 2, item 2, the period may be reduced or extended for not more than one-third of the originally agreed period.

Art. 70. (1) the Making or acceptance of a proposal for amending or supplementing the Treaty by the public partner shall be carried out after the reasoned decision of the competent authority under art. 32, para. 2 and 3.

(2) the amendments of the contract for PPP are performed with an additional agreement.

Art. 71. (1) if the parties do not reach an agreement on the amendment of the contract, the party requesting the amendment, may claim for the amendment or termination of the PPP.

(2) upon termination of the contract by the Court the public partner can:

1. have performed one or more of the activities referred to in the Treaty of a public undertaking controlled by it, or

2. to take action for the selection of a new private partner.

Chapter seven

APPEAL AND DISPUTE RESOLUTION

Art. 72. the decisions of the authorities referred to in this law, adopted in the procedure for the establishment of a private partner, be brought under the conditions and in accordance with Chapter eleven "appeal" of the law on public procurement.

Art. 73. (1) disputes concerning the conclusion, implementation, amendment and termination of the PPP contracts are decided by the competent civil court.

(2) disputes arising out of contracts for PPP expertise on financial-economic issues are assigned to a registered auditor, subject to the limitations of art. l 262, para. 3 of the commercial code.

Chapter eight

ADMINISTRATIVE PENAL PROVISIONS

Art. 74. (1) the Minister, Mayor of the municipality or the head of a body governed by public law who has signed a contract to carry out the activity of public interest in violation of this law shall be liable to a fine of $ 15000. up to 20 000 euro, if the Act does not constitute a crime.

(2) Fine under para. 1 and of the person signing the contract by the private partner.

(3) the persons referred to in para. 1 shall be punishable by a fine of $ 10000. to 15 000 BGN, if you conclude an additional agreement to the contract for PPP in violation of art. 56, para. 2 and 3.

Art. 75. An official who, within the time limit under art. 24, para. 3 do not enter in the register the PPP contract, document or other information, determined by the regulation for implementation of the law is punishable by a fine of 1000 to 2000 BGN.

Art. 76. a person who represents the public partner in the public-private company – artist of the PPP contract, which does not exercise or nullify the locking quota under art. 52, para. 2, is punishable by a fine of 15 000. up to 20 000 euro, if the Act does not constitute a crime.


Art. 77. in violation of the prohibitions referred to in art. 54, para. 1 public-private project company, respectively, a penalty payment of EUR 50 000. up to 100 000 BGN, and for an official permit infringement – a fine of $ 25 000. up to 50 000 EUR

Art. 78. In case of violation of the procedure for the conclusion of a contract for PPP administrativnonakazatelnite shall apply provisions of the public procurement Act.

Art. 79. (1) the acts for the establishment of offences under this law found by the Court of Auditors shall be drawn up by officials authorised by the President of the Court of Auditors, within 6 months of the discovery of the offender, but not later than three years from completion.

(2) the penal provisions shall be issued by the President of the Court of Auditors or by officials authorised by him.

Art. 80. (1) the acts for the establishment of offences under this law found by authorities of the Agency for State financial inspection, shall be drawn up by officials of the Agency for State financial inspection within 6 months of the discovery of the offender, but not later than three years from completion.

(2) the penal provisions shall be issued by the Minister of finance or by officials authorised by him.

Art. 81. The establishment of the offences, the issuance, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISION

§ 1. Within the meaning of this law:

1. "Blocking quota" is the right of the public partner who participated in the public-private company, to thwart the adoption of defined with this law or the Statute, respectively by articles of Association/incorporation, decision.

2. "State public organizations are public bodies:

a) which receive funding from the State budget or the budgets of the State social insurance or national health insurance fund, with the exception of cases where the object with which the business is carried on in the public interest, is municipal property, or

(b)) that are subject to management supervision by organs of executive power under art. 19, para. 2 and 4 of the law on administration, or in) more than half of the members of the management or control body shall be determined by the authority of the Executive power under art. 19, para. 2 and 4 of the law on the Administration, or

(d)) which are submitted for management objects or property-State property.

3. "force majeure" shall have the meaning defined in the commercial code.

4. "public interest" shall have the meaning assigned to it in the law for the provision of services.

5. "Municipal public organizations are public bodies:

a) that receive funding from the municipal budget, or

(b)) which are the subject of management control by the Municipal Council or Municipal Council defines more than half of the members of the management or control body, or

 c) which have been granted for objects or property management – municipal property, including when you receive funding from the State budget, State social insurance or national health insurance fund.

6. "better value of the invested public funds" is to achieve a higher quality of service in the public interest of the the same or at a lower price or achieve the same quality of service at a lower cost compared to other ways of providing the service of public interest.

7. "Tolerance for budget" is the possibility of making the cost of the project in the framework of the budgetary constraints on the budget of the Office, municipality or a body governed by public law.

8. "programme period" is the period, concurrent with the multiannual financial framework of the European Union.

9. "public undertaking" is a State-owned enterprise, created by the order of art. 62, para. 3 of the commercial code, a single-member company with State, respectively with municipal property, as well as a commercial company, the capital of which is owned by one or more public partners.

10. "a body governed by public law" shall have the meaning assigned to it in the law on public procurement. It is a body governed by public law and public enterprise.

11. "availability Risk" is the probability of the occurrence of an event, a fact or circumstance that affects the operational suitability of the site and/or the volume and quality of service of public interest in accordance with the agreed conditions and standards set out in the technical specifications.

12. "risk for search service" is the market risk arising from the event, a fact or circumstance that affects the demand for service in the public interest.

13. "head of Department" is the central body of the Executive power and the District Governor, who is entrusted with the management of State property and/or carrying out an activity in the public interest.

14. "Construction risk" is the probability of the occurrence of an event, a fact or circumstances which affect the amount of agreed investment construction costs and time for commissioning of the object through which the service is provided by public interest.

15. "construction" shall have the meaning assigned to it in the law on public procurement.

16. "Substantial risks" are the construction risk, the risk for the availability and the risk for the search service.

TRANSITIONAL AND FINAL PROVISIONS


§ 2. (1) the Council of Ministers shall adopt regulations for the implementation of the law and brought the regulations pursuant thereto within its entry into force.

(2) the national programme for public-private partnership and the action plan for the programming period 2014-2020 shall be adopted by the Council of Ministers until 30 June 2013 in the period referred to in the first sentence the municipalities complement the programme for implementation of the municipal development plan with a section on municipal PPPs.

(3) by 30 June 2013, the Minister of finance organises the creation and maintenance of a register of PPP under art. 24.

§ 3. 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 from 2001. Decision No 7 of the Constitutional Court from 2001-38/2001; amend. , PC. 45. Since 2002, PCs. 63. Since 2003, PCs. 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.) make the following changes and additions:

1. In art. 16:

(a)) in the Al. 1 the words "and in art. 16A "shall be deleted;

(b)) paragraph 5 shall be amended as follows:

"(5) a Sole trade companies with State property and State-owned enterprises, which, pursuant to law, manage or operate objects – public State property as well as beneficiaries of the concession contract under the law of concessions or contract for public-private partnership under the law on public-private partnerships are granted rights over objects – public State property can lease for a period of up to 10 years parts of their sites – public State property in accordance with the Act on the provision of sites and provided that it is used according to their intended use. "

2. Article 16A is hereby repealed.

3. In art. 19:

(a)) in the Al. 1 the first sentence, add "except in the cases referred to in the law on public-private partnerships";

(b)) in the Al. 2 the word "special" is deleted.

4. In art. 43, para. 2 Add: "in which the State is the sole owner of the capital. Property and possessions – privately owned, contributed to the capital of commercial companies in which the State is the sole owner, only when other partners/shareholders are determined by the order of art. 33 – 39 of the law on public-private partnership, except where a municipality or a body governed by public law. "

5. In art. 47, para. 1 Finally, added "except as provided for in the law on public-private partnership".

6. In art. 56, para. 1 Finally, added "except as provided for in the law on public-private partnership".

7. In art. 57:

(a)) in the Al. 2 Add ", except in the cases under art. 57A, al. 1 ";

(b)) in the Al. 3 Finally, there shall be added "or, under the conditions and pursuant to the law on public-private partnership".

8. an art. 57A:

"Art. 57. (1) the State-owned enterprises under art. 62, para. 3 of trade law and trade companies with more than 50 percent State participation in the capital may establish or engage in trading companies, whose capital is not their property, only when other partners/shareholders are determined by the order of art. 33 – 39 of the law on public-private partnerships. For statutes/articles of Association of such companies apply art. 52, para. 2 of the law on public-private partnerships.

(2) State-owned enterprises and trade companies with more than 50 percent State participation in the capital may conclude contracts of joint activity or engage in partnerships with non-municipality or a body governed by public law, only when the person concerned has been fixed by the order of art. 33 – 39 of the law on public-private partnerships.

(3) paragraphs 1 and 2 shall not apply:

1. where the partners/shareholders are municipality or a body governed by public law;

2. when the shareholders are defined after the privatisation procedure for granting a concession or other procedure determined by law;

3. public joint stock companies;

4. for companies set up in pursuance of an international agreement or an intergovernmental agreement. "

9. in art. 58, para. 2 the first sentence, add "or, under the conditions and pursuant to the law on public-private partnership".

10. In art. 73 Finally, the words "and properties – public State property and giving them a concession" shall be replaced by "as well as giving them a concession or under a contract for a public-private partnership".

11. In paragraph 1 (a) of the additional provisions creates item 5:

"5." a body governed by public law "shall have the meaning defined in the law on public-private partnership."

12. in the transitional and final provisions § 6 is created in:

"§ 6 in. For companies with participation of the State, of State-owned enterprises and trade companies with more than 50 percent State participation in the capital set up until 31 December 2012 shall apply art. 52, para. 2 of the law on public-private partnership, except in the cases under art. 57A, al. 3. "

§ 4. In the law on concessions (official SG. 36 of 2006; amend., SG. 53, 65 and 105 of 2006, issue 41, 59 and 109 from 2007, issue 50, 67 and 102 by 2008, issue 47, 99 and 103 of 2009, 52 and 54 of 2010 No. 50 and 73 from 2011) following amendments and supplements shall be made :

1. In art. 2, al. 1 the word "dealer" is replaced by "capital company".

2. In art. 3 al. 2 shall be amended as follows:

"(2) the right of the concessionaire to exploit the object of the concession involves the receipt of income from users of the services of public interest or by third parties, and when performed, and other economic activities – and the right to receive income from these activities."

3. In art. 4:

a) paragraph 2 is amended as follows:


"(2) the right of the concessionaire to exploit the service of public interest include the receipt of income from users of the services of public interest or by third parties, and when performed, and other economic activities – and the right to receive income from these activities.";

(b)) in the Al. 3 Finally, the comma and added, "and when the service is done with an object – owned by the grantor, and management and maintenance of the object of the concession".

4. In art. 6, al. 2, item 1, the words "where the price is determined by law" shall be deleted.

5. In art. 7, para. 2, paragraph 3, the words "where the price is determined by law" shall be deleted.

6. In art. 10 para. 4 shall be amended as follows:

"(4) the time limit laid down in the concession contract, may be reduced or extended by not more than one-third of the originally prescribed period following a decision by the grantor only in the cases under art. 70, para. 3 and 4. "

7. Article 11 is amended as follows:

"Art. 11. when the concession is maintained economic balance, which represents the balance between benefits and risks under the terms of the concession contract. "

8. In art. 13:

(a)) in the Al. 2, after the words "the object of the concession" is added "or part thereof";

(b)) is hereby set up al. 3:

"(3) to the object of the concession can include one or more accessories – existing or which will be built by the concessionaire."

9. Article 14 shall be amended as follows:

"Art. 14. The land on which is constructed or intended for the construction of the object of the concession, including its accessories, represents a concession area and is part of the object of the concession. "

10. Article 15 shall be amended as follows:

"Art. 15. (1) The termination of the concession contract, the municipality and the State publičnopravnata organization can not deal with the whole or part of the object of the concession, including with his affiliation.

(2) Priraŝeniâta and improvements on the concession object, including his nationality, which are public State or municipal property, become the property of the State, according to the municipality, from the moment of their occurrence.

(3) ownership of priraŝeniâta and improvements to the object of the concession, including on his affiliation, which are private State or municipal property or the property of a body governed by public law shall be regulated by the concession contract.

(4) in the cases under art. 13, para. 2 with the concession contract shall govern ownership of the object of the concession after the termination of the concession contract. "

11. an art. 15A:

"Art. 15. (1) the ownership of the object of the concession, the concessions are:

1. Government concessions – when the subject is Government property;

2. municipal concessions – when the subject is the municipal property;

3. public concessions – when the object is owned by a body governed by public law;

4. Joint concessions – when the object is owned by the State of one or more municipalities and/or public organizations.

(2) where a service concession the concession object is owned by the concessionaire, the concession shall be determined by the authority or customary law provides the service of public interest or it is provided prior to the conclusion of the concession contract. "

12. in art. 16:

(a)) in the Al. 2 create item 4 and 5:

"4. that 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, is related with the grantor, as well as with the body organising the procedure for the granting of the concession, or with officers of the senior position in his Office or organization;

5. you have a valid contract with the person under art. 21 or 22 of the Act on the prevention and the establishment of a conflict of interest; "

(b)) in the Al. 3 create item 3 and 4:

"3. a related party with the grantor, as well as with the body organising the procedure for the granting of the concession, or with officers of the senior position in his Office or organization;

4. contractual relations with a person under art. 21 or 22 of the Act on the prevention and the establishment of a conflict of interest. ";

in) a new para. 6:

"(6) where the player has indicated in its bid, the requirements of para. 2 and 3 and those set out in the notice requirements under paragraph 1. 4 also apply to subcontractors. ";

d) past al. 6 it al. 7 and shall be amended as follows:

"(7) for participation in the procedure for granting a concession participants, including subcontractors, shall verify the presence or absence of circumstances under para. 1 – 4 with declarations. Concession contract is concluded only after the participant designated for the concessionaire, the evidence presented for verification of the declared circumstances, determined by the regulation for implementation of the law. "

13. in art. 17 al. 1 shall be amended as follows:

"(1) unless the law is not otherwise specified, koncedent is:

1. The Council of Ministers – for Government concessions;

2. the Municipal Council – municipal concessions;

3. a body governed by public law, represented by the authority in accordance with the Act registered office – for her public concessions;

4. The Council of Ministers, the relevant municipal Council and/or the authority of the Organization – publičnopravnata joint concessions. "

14. In art. 18:

(a)) paragraphs 3-5 are hereby amended:

"(3) where the set for the concessionaire is not a capital company, as well as when it is stated in the notice of initiation or in the offer the participant assigned to concessionaire concession contract is concluded with a newly formed capital company, hereinafter referred to as the" project company ", in which:


1. the successful tenderer designated as the concessionaire, is the sole owner of capital or

2. participants in the grouping, which is not a merchant, owning the entire equity in the ratio of the Treaty of Union.

(4) where it is defined as a condition in the decision to open the procedure for the granting of the concession, the concession contract is concluded with a newly formed capital trading company (a public-private company), in which the partners or shareholders are the participant assigned to concessionaire (private partner) and the State, the municipality, publičnopravnata organization and/or public undertaking (public partner). In these cases, the article shall apply accordingly. 50-52 of the law on public-private partnerships.

(5) For the project and for public-private company applies the commercial law, unless otherwise provided in this Act. ";

(b)) paragraph 6 shall be repealed.

15. in chapter two creating art. 18A:

"Art. 18. (1) the project, respectively public-private company is bound by the tender to the tenderer designated as the concessionaire. The player designated for the concessionaire, and when he is a Union – each of the participants in the joint:

1. is obliged to provide to the project, according to the public-private company resources is demonstrated compliance with the applicable requirements in respect of the implementation of the criteria for selection;

2. meet jointly for the implementation of the concession contract with the project, according to the public-private company.

(2) the private partner can perform one or more of the activities – the subject of the concession contract, as a subcontractor.

(3) the manner of provision of resources and the involvement of the private partner as subcontractor shall be indicated in the offer and included in financial-economic model to offer to the participant.

(4) paragraphs 1 to 3 shall apply accordingly to the sole owner of the company and for shareholders in this company. "

16. In art. 19:

(a)) in the Al. 1:

AA) in the text before item 1 the words "concession for the project – State property, hereinafter referred to as" the State concession "are replaced by" a State concession;

BB) in paragraph 1 the end there shall be added "or who bears responsibility for the provision of service in the public interest";

(b)) in the Al. 2 the words "concession for the project – municipal property and for ' shall be replaced by ' municipal concession and the concession for the" and the words "hereinafter referred to as" the municipal concession ' shall be deleted;

in) in the Al. 3 the words "concession for object-property of a body governed by public law", hereinafter referred to as "public service concession" are replaced by "a public concession contract" and the words "run it" shall be replaced by "publičnopravnata" organization managed;

d) creates new al. 4:

"(4) unless the law provides otherwise, when a joint concession preparatory actions shall be carried out by the authority designated by a decision of one of the authorities referred to in art. 17, al. 1, item 4 in consultation with the other body. ";

(e)) the current al. 4 it al. 5.

17. In art. 20:

(a)) in the Al. 1 the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4 ";

(b)) in the Al. 2, after the words "pre-feasibility study" insert "or" investment project;

in) in the Al. 3 the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4 ";

(d)) paragraph 5 shall be repealed.

18. in art. 21:

(a)) in the Al. 1 the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4 ";

(b)) paragraph 2 shall be replaced by the following: "(2) with the rationale under para. 1 is refused the proposal for granting a concession and set the subject of the concession, the requirements for the subject and the object of the concession and its primary content. The rationale may be based on concession analyses and/or financial model. "

19. in art. 23, para. 1 item 4 is created:

"4. proportionality."

20. in art. 26:

(a)) paragraph 2 shall be replaced by the following: "(2) the criterion fitness for performance of professional activity is evidenced by registration in a professional or trade register, if required under the legislation of the country in which the tenderer is established.";

(b)) in the Al. 6 the words "with the decision to open the procedure for granting a concession can be made proving" shall be replaced by the words "Proof" and after the words "criteria under para. 1, 2 and 3 ' shall be added.

21. In art. 39:

(a)) in the Al. 2:

AA) paragraph 2 is amended as follows:

2. other economic activities, where such are provided for; "

BB) point 3 shall be replaced by the following:

"3. the accessories – where these are included in the object of the concession;"

BB) point 6 is replaced by the following:

"6. the conditions for the implementation of the concession, as well as the circumstances of a factual or legal nature, occurrence or climate that could lead to disruption of the economic balance;"

b) paragraph 3 shall be amended as follows:

"(3) the decision on para. 1 can determine condition to conclude a concession contract with a project or with the public-private company. Where provided for the creation of a public-private company, the decision shall specify the circumstances under art. 50, para. 3 of the law on public-private partnership. "

22. in art. 40:

(a)) in the Al. 1 the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4 "and the words" and sends the notice for publication in the electronic page of the Official Gazette and for entry in the national concession register "shall be deleted;

(b)) in the Al. 2 the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4.

23. Article 41 is amended as follows:

"Art. 41. (1) notice of the conduct of the procedure for granting a concession, hereinafter "the notice" under the public works concession contains:

1. data for the body organising the procedure (contracting authority):

a) name, address and contact point;

(b)) kind of authority and main activity or activities;


2. data concerning the subject of the concession:

a) name;

(b)) type, volume and location of the construction works;

in) a brief description of construction activities;

(d)) code under the general procurement vocabulary (CPV);

e) in the cases under art. 53, para. 1 – the minimum percentage of the works to be carried out by third parties-subcontracting;

3. the legal, economic, financial and technical information on:

(a)) the circumstances under art. 16, al. 2 and 3, the documents and their verification;

(b)) the circumstances under art. 16, al. 4 that the Commission remove the applicant/participant in the procedure and method of authentication documents;

c) selection criteria, the minimum levels of applicable requirements concerning their implementation and the documents which certify the conformity with these requirements;

4. information on the procedure for the granting of the concession:

a) criteria that form the complex evaluation of the tenders (award criteria), and the weight of each of them;

(b)) and place a time limit for the receipt of applications or tenders;

c) language in which they must be written applications and tenders;

5. additional information:

the concession connection) to a project and/or programme financed by the Fund of the European Union;

(b)) kind of concession – State, municipal, public, joint;

in the object type) the concession;

d) location of the object of the concession;

e) description or requirements for fittings;

f) nature and extent of the services of general interest – the subject of the concession;

g) guarantees required in the procedure and the conditions for its grant or payment;

h) period of validity of tenders;

and) place and time limit for the receipt of documents;

k) place, date and time of opening the applications or tenders;

l) limitations of presenting options in the offer;

m) date of dispatch of the notice in the Official Gazette;

n) line and the deadline for appealing the decision on the approval of the notice;

o) other information depending on the specifics of the concession, including the condition to conclude a concession contract with a company or with a public-private company.

(2) the notice under the service concession and contains the data mining concession under para. 1, which are applicable to the specific concession. "

24. In art. 42:

(a)) in the Al. 1 Add "model," and item 1 and 2:

1. approved by Regulation (EC) No 1150/2009 of 10 November 2009 amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement procedures pursuant to directives 89/665/EEC and 92/13/EEC (OB, L 313/3 from 28 November 2009) — for works concessions;

2. published on the website of the national concession registry – for service concessions and concessions for the extraction of natural resources. ";

(b)) in the Al. 2, first sentence, the words "article. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4 "and after the words" National Register "concession" is added to the time limit under art. 40, para. 1 ";

the Al is created.) 4: "(4) the value of the concession for the construction is defined as the sum of the estimated values of all revenue of the concessionaire for the duration of the concession, as follows:

1. income from the provision of the service of public interest;

2. income from other economic activities with the object of the concession;

3. payment of compensation by the grantor. "

25. in art. 44:

(a)) in the Al. 1, item 5, the words ' investment projects ' shall be replaced by "predinvesticionnite" investment projects or studies;

(b)) in the Al. 2 the words "para. 1, item 5 "shall be replaced by" para. 1, item 7 ";

in) in the Al. 3 the words "para. 1, paragraph 2 "shall be replaced by" para. 1, item 4 ";

(d)) paragraph 4 shall be replaced by the following:

"(4) the contract shall be published on the website of the relevant authority under art. 19, para. 1-4. The body which organises the procedure for the granting of the concession, defines the contract price or free information. The price of the contract cannot be higher than the actual cost of its printing and reproduction. At the request of the person concerned, the contracting authority is obliged to send the documentation to the person, the Enquirer, on his account, as well as to provide an opportunity to examine the documentation in place prior to purchase. "

26. In art. 46:

(a)) in the Al. 1 item 4 is created:

"4. the authority designated in agreement from koncedentite – joint concessions.";

(b)) in the Al. 6 the words "alternate" shall be replaced by "a new Member of the Commission".

27. in art. 48A para is created. 3:

"(3) the procedure for the notification under paragraph 1. 1 and 2 shall also apply in other cases defined with this law and with the rules for its implementation. "

28. in art. 50, para. 2, item 1, the words "of the investment for the construction of the object of the concession" are deleted.

29. in art. 54:

(a)) in the Al. 1 the text before point 1 shall be replaced by the following: "public works concession In the concessionaire may assign part of the construction of the subcontractors indicated in the offer. When referred to in the offer shall be replaced or arise from the use of another, the concessionaire elects new subcontractor by a procedure under the law on public procurement, such as the time limit for the receipt of: ";

(b)) in the Al. 2 the words "the provision of para. 1 "shall be replaced by" the law on public procurement ";

in) in the Al. 4, after the words "art. 70 "added al. 2. "

30. in art. 58 establishes the new al. 4:

"(4) in the joint concessions decision on al. 2 shall be adopted by the Council of Ministers and the relevant municipal Council and/or authority of the publičnopravnata organization, unless the law provides otherwise. "


31. in art. 59:

(a)) in the Al. 2, after the words "winning entrant" is added "submit documents to verify the circumstances under art. 16, al. 1 – 4 or not;

(b)) in the Al. 3 item 3 is created:

"3. to represent the State in matters relating to the implementation of the concession contract.";

the Al is created.) 5:

"(5) when the joint decision with concessions for the determination of the concessionaire is defined and the body that carries out the powers under para. 3, unless the law provides otherwise. "

32. In art. 64:

(a)) in the Al. the words "part 3 of ' shall be deleted;

(b)) is hereby set up al. 4:

(4) disputes concerning the conclusion, implementation and termination of the concession contracts are decided by the competent civil court. "

33. In art. 65:

(a)) in the Al. 2:

AA) point 4 is replaced by the following:

"4. a description of the site, including the concession area, as well as the accessories to the object of the concession, if any;"

BB) point 11 is replaced by the following:

"11. the amount and conditions of payment of compensation under art. 6, when such is foreseen; "

BB) a new item 21:

21. the amount of the rate of return for the concessionaire, determined by the financial-economic model, as well as procedures for its calculation, reporting and control; "

yy) the current item 21 item 22 and it shall be amended as follows:

"22. others, depending on the applicable provisions of the legislation in force concerning the object of the concession, the service of public interest or other business activities. ';

b) paragraph 3 shall be amended as follows:

"(3) in the concession contract, in accordance with the tender notice shall specify the conditions that determine the economic balance and the circumstances of factual or legal nature relating to the object of the concession and/or with the service of general interest, whose occurrence or variation would result in the violation of balance.";

the Al is created.) 4:

"(4) an integral part of the concession contract is financial-economic model, proposed by the tender to the tenderer designated as the concessionaire."

34. In art. 67, para. 1, the words "or territory for its construction" are deleted.

35. Create art. 67 a-67 in:

"Art. 67. (1) in the performance of the concession contract the concessionaire leads cost accounting for services provided to other economic activities that are included in the right of the concessionaire to exploit the object of the concession.

(2) the annual financial statement of the concessionaire is subject to inspection by a registered auditor under the Act for independent financial audit.

Art. 67 (b). in the performance of the concession contract the concessionaire has the rights of a contracting entity within the meaning of the spatial planning Act and in cases where the object of the concession and the accessories are property of the State, municipality or organization publičnopravnata.

Art. 67 in (1) in the performance of the concession contract to monitor and control the implementation of the obligations of the parties, as well as audit of the concessionaire.

(2) the parties to the concession contract shall provide for the keeping and preservation of records and information protection in connection with the performance of the contract.

(3) the concessionaire provides publicity for the implementation of the concession contract. "

36. In art. 70:

a) a new para. 3:

"(3) the concession contract may be amended and/or supplemented, including in respect of the object of the concession, when due to unforeseen circumstances has become a necessary assignment of the concessionaire of additional works, which is not included in the concession contract, an amendment to the type or volume of the works included in the concession contract, or assigning the management of additional services of public interest under the following conditions:

1. the additional construction or additional services cannot be technically or economically separated from the subject of the concession contract without major inconvenience to the grantor or if they can be separated, are essential for the implementation of the concession contract, and

2. the total value of the additional construction or of the additional services is not more than 50 per cent of the value of the works or services under the contract, or

3. the total value of the modified construction does not decrease or does not exceed the value of the construction contract with more than 50 percent. "

(b)) the current al. 3 it al. 4 and in it:

AA) the text before point 1 is amended as follows: "except in the cases referred to in paragraph 1. 2 and 3, concession contract may be amended or supplemented only to recover economic balance of the concession, as determined by the concession contract, in the following cases: ";

BB) point 4 is replaced by the following:

"4. in the event of a circumstance under art. 65, para. 3; "

in the past) Al. 4 it al. 5.

37. Article 71 shall be amended as follows:

"Art. 71. (1) in the cases under art. 70, para. 3 and 4 each party may request the amendment of the concession contract. The request shall be made to the other side with a reasoned proposal.

(2) Soliciting or acceptance of a proposal for amending or supplementing the concession contract shall be made by reasoned decision of the grantor.

(3) if the parties do not reach an agreement on the amendment of the concession contract, the party requesting the amendment, may claim for the amendment or termination of the contract. "

38. In art. 72:

a) paragraph 1 shall be amended as follows:


' (1) in the conversion of the concessionaire within three months from the registration of the conversion in the commercial register law, the receiver of the concessionaire may request the extension of the concession contract with it by presenting evidence that there are no circumstances under art. 16, al. 2-4, and that it meets the other requirements laid down by law and with the decision to open the procedure for the granting of the concession. The procedure for making the application shall be determined by the regulation for implementation of the law. ";

(b)) in the Al. 3 the words "Granter may adopt ' shall be replaced by" When the successor qualifies under para. 1, granter ".

39. In art. 74, para. 1:

a) in paragraph 2, the words "upon the death of the natural person or legal person where the concessionaire with the successor, from the date of death, respectively the termination" shall be replaced by ' in the conversion of the company-concessioner ";

b) point 3 is replaced by the following:

"3. in the event of winding up of the company-concessioner with winding – from the date of termination;

in point 4) shall be replaced by the following:

"4. in the case of insolvency of the concessionaire – from the date of entry into force of the bankruptcy decision;"

d) a new item 5:

"5. in the judgment in the cases under art. 71, para. 3 – from the date of entry into force of the decision; "

(e)) the current item 5 becomes item 6.

40. Article 80 shall be amended as follows:

"Art. 80. (1) upon termination of the concession contract due to the expiration of the concession the concessionaire is not entitled to compensation.

(2) upon premature termination of the concession contract by reason of which granter matches, the concessionaire is entitled to compensation in the amount of:

1. the amount of the unrecovered costs of the concessioner to invest in the object of the concession – when the object is owned by the State, municipality or organization publičnopravnata;

2. the amount corresponding to the financial-economic model with the rate of return for the concessionaire for the entire duration of the contract, less the cost of reimbursement for investments in the object of the concession – when the object is a property of the concessionaire.

(3) in the case of early termination of the concession contract by reason of which granter, the concessionaire is responsible:

1. the concessionaire due to damages in the amount of unrecovered costs of the concessioner to invest in the object of the concession, reduced by the amount corresponding to the financial-economic model with the rate of return for the concessionaire for the entire duration of the contract, but not exceeding the market value of the object of the concession at the date of termination of the contract – when the object is owned by the State publičnopravnata, municipality or organization;

2. no compensation due to the concessionaire – when the object of the concession is his property.

(4) the reimbursement of the costs of the concessioner to invest equity covers with rate of return determined by the financial-economic model, and the new capital with its price.

(5) in the cases referred to in para. 3, item 1 granter does not owe compensation when at the date of termination of the contract the market value of the object of the concession has decreased in relation to the market value at the date of conclusion of the contract and the reduction is the result of reason that concession contract is terminated.

(6) in the cases referred to in para. 3, item 2 the concessionaire due to the grantor the recovery of an amount of recovered from the operation costs of the investments in the object of the concession obtained up to the date of termination of the contract.

(7) in determining the amount of the benefit due, taking into account the amount of depreciation and financial assets available to the concessionaire.

(8) Notwithstanding the benefits referred to in para. 2 and 3, with the concession contract agree penalties for his early termination.

(9) the concession contract shall specify the time limits and procedures for payment of the benefits payable and penalties. The benefits referred to in para. 2 and 3 shall be paid in equal annual installments for the remaining period of the term of the terminated contract, where the contract is not otherwise specified. "

41. In art. 80 a, para. 3, item 1 the words "art. 80, al. 1 "shall be replaced by" art. 80. "

42. Article 81 shall be replaced by the following:

"Art. 81. (1) cash proceeds from concession payments for Government concessions, by penalties, guarantees and benefits from the sale of participation documentation for entering as revenue in the budget of the relevant Ministry or Department.

(2) where it is provided for by law, part of the cash proceeds from concession payments for Government concessions are translated by the relevant Ministry or Department on the budgets of municipalities on the location of the object of the concession after deduction of funds under para. 4. The municipalities into account in their budgets the translated amounts as revenue from concessions.

(3) the Minister of Finance annually approves the concession revenue and expenditure for the activity of ministries and departments in the single budget classification.

(4) the cost of the concession activity are foreseen in the budget of the Ministry of finance in the amount 15 per cent of the resources of the Al. 1.

(5) the amounts referred to in paragraph 1. 4 be expended through the budgets of the relevant ministries and departments on the basis of adjustments made between them and the budget of the Ministry of finance by the procedure of art. 34 of the law on the Organization of the State budget.

(6) the requirements concerning the accounts of the ministries and agencies for the collected from them revenue from concessions and the costs shall be determined by the regulation for implementation of the law.


(7) if the law is not otherwise specified, the resources of the Al. 2 be expended by the municipality following a decision of the Municipal Council for:

1. Financing of the activities of municipal concessions;

2. implementation of the activities and events in the environmental restoration of the damage occurred as a result of the implementation of the concession activity;

3. capital expenditure. "

43. In art. 103, paragraph 1, the words ' and of the specialized administration of the Council of Ministers "shall be replaced by ' of the specialized administration of the Council of Ministers and of the President of the State Agency for national security.

44. In other texts of the Act the words "art. 19, para. 1 – 3 "shall be replaced by" art. 19, para. 1-4.

45. In § 1 of the supplementary provision:

a) point 9 is replaced by the following: "9." outfit "is the adjacent infrastructure within the meaning of § 5, s. 31 of the additional provisions of the law on spatial planning and any other private property, which provide for the smooth and proper functioning of the object of the concession or the provision of the service of general interest and property outside the object of the concession, necessary to perform other business activities without the need to physically connected with the object of the concession;

b) point 11 is replaced by the following:

"11." a body governed by public law "is a term defined in the public procurement Act.";

in section 12) shall be amended as follows:

"12." Extension of the object of the concession "is an extension of the concession area, the construction of an additional building and/or extension or upgrading of an existing construction.";

d) point 14 shall be replaced by the following:

"14." Associated persons "are persons referred to in § 1, item 23 (a) of the additional provisions of the public procurement Act.";

e) section 19 is repealed.

46. In transitional and final provisions § 23A is created:

"§ 23A. (1) procedures which Started before 1 September 2012 was adopted a decision to open the procedure for granting a concession, interrupted in the previous row.

(2) for the concession contracts concluded until 1 September 2012, with concessionaires which are not capital companies, art. 18, al. 3 does not apply. Apply the current art. 72, para. 1 and art. 74, para. 1, 2 and 3.

(3) for the concession contracts concluded until 1 September 2012, does not apply the rules on the economic balance of the concession. For them, the former shall apply art. 70, para. 3. "

§ 5. In the investment promotion Act (promulgated, SG. 97 of 1997; Corr. No. 99 of 1997; amend., SG. 29 and 153 of 1998, 110/1999, no. 28 of 2002, no. 37 of 2004; Corr., no. 40 of 2004; amend., SG. 34, 59, 65, 80, 82 and 86 by 2006, no. 42 and 53 in 2007. , PC. 69 since 2008, PCs. 41 and 82 from 2009, PCs. 18, 88 and 100 by 2010 and PC. 38 by 2012.) in art. 13 (a) paragraph 2 is amended as follows:

"2. for the implementation of privatization contracts under the law on privatisation and post-privatisation control or for the implementation of the concession contracts for the extraction of natural resources under the law on concessions or for the extraction of natural resources under the law on mineral resources, and in implementation of the compensatory (offset) agreements;".

§ 6. In the law of municipal property (official SG. 44 of 1996; amend., SG. 104 of 1996 No. 55 of 1997 No. 22 and 93 of 1998, no. 23, 56, 64, 67, 69 and 96 of 1999, no. 26, 34 and 120 from 2002, 101/2004, no. 29, 30 and 36 in 2006. , PC. 59, 63 and 92 of 2007, PC. 54, 70 and 100 from 2008, PCs. 10, 17, 19 and 41 of the 2009 PCs. 87 from 2010, PC. 15 and 19 of 2011.) make the following changes and additions:

1. In art. 8:

(a)) in the Al. 2 Add "except when the law is applicable to public-private partnerships";

(b)) in the Al. 9:

AA) in the text before paragraph 1 third sentence shall be replaced by the following: "the program is in accordance with the section on municipal public-private partnerships for the realization of the program of the municipal development plan and contains:";

BB) in paragraph 2, after the words "rights in rem" comma and added "for a public-private partnership";

in) in the Al. 11 Finally, added "except as provided for in the law on public-private partnerships";

d) creates is al. 12:

(12) the Governor has the right to challenge the decisions of municipal councils adopted a procedure for determining the private partner or the concessionaire, under the conditions and pursuant to the public procurement Act, according to the law on concessions. "

2. In art. 9, para. 4 Add "(a) in the case of a public-private partnership – at the expense of the contractual partner.

3. In art. 14, para. 2, first sentence, after the words "without auction or competition" there shall be added "or else" line is fixed.

4. In art. 51 the following modifications are made:

(a)) in the Al. 2, the first sentence after the word "capital" the comma is deleted and added the Union "or", and the words "or by non-profit associations under the conditions and pursuant to the law of non-profit legal entities ' shall be deleted;

(b)) paragraphs 5, 6, 7, 8 and 9 shall be repealed.

5. Article 51A shall be:

"Art. 51. (1) the municipality and commercial companies with more than 50 percent participation in the capital municipality may establish or engage in trading companies, whose capital is not their property, only when other partners/shareholders are determined by the order of art. 33 – 39 of the law on public-private partnerships. For statutes/articles of Association of such companies apply art. 52, para. 2 of the law on public-private partnerships.

(2) the municipality and commercial companies with more than 50 percent local equity could participate in civil societies or to conclude contracts of joint activity with only persons appointed by the order of art. 33 – 39 of the law on public-private partnerships.

(3) paragraphs 1 and 2 shall not apply:

1. when the shareholders/shareholders are State, another municipality or a body governed by public law;


2. when the shareholders are defined after the privatisation procedure for granting a concession or other procedure determined by law;

3. public joint stock companies;

4. for companies set up in pursuance of an international agreement or an intergovernmental agreement.

(4) the conditions and procedures for the exercise of the rights of property of municipality in companies with municipal participation in the capital and on the participation of the municipality in the civil societies and to conclude contracts of joint activities shall be determined by an Ordinance of the City Council. The Ordinance shall be determined:

1. formation, transformation and termination of sole trade companies with municipal participation in capital;

2. the award of the management and control and the contents of contracts, the composition and competence of the management and control bodies, the procedure for the designation of the representatives of the municipality in the management and control bodies, their rights and duties, remuneration and liability for non-compliance;

3. the rules for the award of contracts for the rental and disposal of fixed assets and for the compulsory insurance of the property. "

6. an art. 51 (b):

"Art. 51 (b) (1) the municipality may submit a free property and belongings or property rights over property, private municipal property, such as in-kind contribution to the capital of commercial companies under the conditions and by an order determined by the Ordinance under art. 51A, al. 4, after the City Council decision adopted by a two-thirds majority of the total number of Aldermen. When the municipality is not the sole owner of the capital of the company and the other partner/shareholder is the State, another municipality or a body governed by public law, in-kind contribution in the capital is carried out only when the other partners/shareholders are defined under art. 51A, al. 1.

(2) commercial companies with municipal participation in the capital can lease property or parts thereof, imported by the municipality as an in-kind contribution in their capital, or to restrict rights in rem over such property by public auction or public call by an order determined by the Ordinance under art. 51A, al. 4. the period of tenancy agreements and for the right of use for these properties may not be longer than 10 years. This order and time-limit shall not apply in the case of the law on concessions and public-private partnerships.

(3) the capital of sole trade companies with municipal participation can be reduced by the value of the property and belongings or property rights, which are imported as an in-kind contribution in their capital on the basis of a decision of the Municipal Council.

(4) Property and property, the value of which has reduced the capital of sole trade companies with municipal participation, acquire the status of a private municipal property from the entry into force of the decision referred to in paragraph 1. 3 and are run in the order determined by the City Council. "

7. New art. 54:

"Art. 54. the activities under art. 53, which are not carried out by municipal corporations under art. 52, outsource, respectively provide, in accordance with the public procurement Act, the law on concessions or the law on public-private partnership. "

8. § 1 of the additional provisions creates item 9:

"9." a body governed by public law "shall have the meaning defined in the law on public-private partnership."

9. in the transitional and final provisions § 19A are created and 19B:

"§ 19A. For companies with more than 50 percent local equity established by 31 December 2012, apply art. 52, para. 2 of the law on public-private partnership, except in the cases under art. 51A, al. 3.

§ 19 b. Municipal Councils shall bring the relevant municipal regulations in accordance with the law on public-private partnerships within its entry into force. "

§ 7. The Water Act (promulgated, SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005, issue 29, 30, 36 and 65 of 2006; Corr. , PC. 66 by 2006; amend., SG. 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, PCs. 61 and 98 of 2010, PC. 19, 28, 35 and 80 by 2011.) in art. 47, para. 4, the words "shall be paid by the concessionaire" are replaced by "is translated in the budget", and finally a comma and add "under the conditions and by the procedure of art. 81 of the law on concessions.

§ 8. The mineral resources Act (promulgated, SG. 23 of 1999; amend., no. 28 of 2000, 108/2001, no. 47 of 2002, no. 86 in 2003, no. 28 and 94 of 2005, no. 30, 36 and 37, 2006, 55/2007, no. 70 by 2008, issue 19 and 82 from 2009. , PC. 46, 61 and 100 by 2010, PC. 19 of 2011 and PCs. 14 by 2012.) in art. 61, para. 3 all over the words "submit to the ' shall be replaced by" translates to "and in the second sentence and the third sentence add" under the conditions and by the procedure of art. 81 of the law on concessions.

§ 9. In 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) in art. 8, al. 2. in the second sentence the words "the" are replaced with "translates to", then a comma and add "under the conditions and by the procedure of art. 81 of the law on concessions.

§ 10. In the law on cultural heritage (official SG. 19 of 2009; Decision of the Constitutional Court No. 7 of 2009 – No. 80 of 2009; amend., SG. 92 and 93 from 2009, issue 101 of 2010 No. 54 by 2011 and 15 and 38 by 2012) in art. 91 is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

(1) Fifteen percent of cash proceeds from concession payments for Government concessions are translated in the budget of the municipality in which the object of the concession under the conditions and by the procedure of art. 81 of the law on concessions. "

2. paragraph 2 is repealed.


§ 11. In the law on physical education and sports (official SG. Since 1996, 58; No. 8 Decision of the Constitutional Court from 1997 – issue 53 of 1997; amend., SG. 124 of 1998, no. 51 and 81 of 1999, 53/2000; Corr, 55/2000; amend., no. 64 of 2000 No. 75 of 2002. , Decision No 6 of the Constitutional Court from 2002 – PCs. 95 of 2002; amend., SG. 120. Since 2002, PCs. 96 of 2004, PCs. 88 and 103 from 2005, PCs. 30, 34, 36 and 80 from 2006, PCs. 41, 46 and 53 of 2007, PC. 50 by 2008, PCs. 74 of 2009, PCs. 50 and 96 of 2010, PC. 35 and 99 of 2011.) make the following changes and additions:

1. In art. 47, para. 7 the words "individually or through public-private partnership" are deleted.

2. In art. 47 and al. 5 is repealed.

3. In art. 50, para. 2, after the words "Vasil Levski" is added "by national teams in different sports.

4. Article 50 (b) shall be replaced by the following:

"Art. 50 (b) (1), as well as Financing the construction and/or management and/or maintenance of sports facilities and sites for social tourism – State and municipal property or the property of public organizations may be carried out through public-private partnership under the conditions and pursuant to the law on public-private partnerships.

(2) in the cases referred to in para. 1 the conditions for public access and use of the site and its facilities shall be specified in the notice under art. 35 of the law on public-private partnership in accordance with the requirements of art. 50. (3) of the Treaty on public-private partnerships define the obligations of the private partner for the fulfilment of the conditions under paragraph 1. 2 and the consequences of their failure, including the termination of the contract. "

5. Article 50 is amended as follows:

"Art. 50. (1) in Sports facilities and sites for social tourism – State or municipal property or the property of public organizations may be granted a concession for the construction and/or service concession under the conditions and by the procedure of the law on concessions.

(2) the coordination referred to in art. 103 of the law on concessions and is carried out with the Ministry of physical education and sport.

(3) the conditions for public access and use of the site and its facilities shall be determined by the decision to open the procedure for the granting of the concession in accordance with the requirements of art. 50.

(4) the concession contract define the obligations of the concessionaire for the fulfilment of the conditions under paragraph 1. 3 and the consequences of their failure, including the termination of the contract. "

6. § 1 of the supplementary provision:

paragraph 29 (a)) shall be amended as follows:

"29." public-private partnership "is a term, defined in the law on public-private partnership.";

(b)) shall be that:

"29." a body governed by public law "is a term defined in the public procurement Act."

§ 12. In the law on municipal debt (official SG. 34 of 2005; amend., SG. 105 by 2005, 30 and 37/2006, no. 80 (2007), no. 93 and 110 since 2008, no. 99 by 2010, issue 35, 93 and 99 from 2011) in art. 4 item 5 is created:

"5. the municipal projects for public-private partnership."

§ 13. 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 and 38 by 2012.) in art. 148, para. 5 make the following amendments and additions:

1. a new first sentence: "When the employer is a person who has the right to build in foreign property by virtue of a special law, the construction permit shall be issued to the sponsor and the owner of the property."

2. The first sentence becomes the second sentence.

§ 14. In the code of civil procedure (promulgated, SG. 59 of 2007; amend., no. 50 of 2008; the Decision the Constitutional Court No. 3 of 2008 – No. 63 by 2008; amend., SG. 69 since 2008, issue 12, 18, 32 and 42 by 2009; No. 4 Decision of the Constitutional Court of 2009 – No. 47 of 2009; amend. , PC. 82/2009, PCs. 13 and 100 by 2010; Decision No. 15 of the Constitutional Court from 2010 – PCs. 5 of 2011.) in art. 365, paragraph 2, the words "or" concession contract shall be replaced by the words "concession contract or contract for public-private partnership".

§ 15. The implementation of the law shall be entrusted to the Council of Ministers, the Minister of finance and the municipal councils.

§ 16. The law shall enter into force on 1 January 2013, with the exception of § 4, § 5, § 7, § 8, § 9, § 10 and § 13, which shall enter into force by 1 September 2012.

The law was adopted by 41-Otto National Assembly on 1 June 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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