Law Amending And Supplementing The Law On Roads

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

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Name of law Law amending and supplementing the law on roads Named Bill a bill amending and supplementing the law on roads of acceptance Date 07/07/2011 number/year 2011 Official Gazette Decree No 55/177

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on road traffic adopted by HLI National Assembly on 7 July 2011.

Issued in Sofia on July 12, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on roads (official SG. 26 of 2000; amend., 88/2000, 111/2001, and 47/118 of 2002, no. 9, 112 since 2003, issue 6 and 14 of 2004, no. 88 and 104 of 2005, no. 30, 36, 64, 102, 105 and 108 of 2006. , PC. 59 since 2007, PCs. 43 and 69 since 2008, PCs. 16, 32, 41, 42, 75, 82 and 93 from 2009, PCs. 87 by 2010 and PC. 19 and 39 from 2011)

§ 1. In art. 19 the following amendments and supplements: 1. Al. 1 paragraph 1 shall be replaced by the following:

"1. the Republican roads – from the Agency" road infrastructure "and of the national company" strategic infrastructure "in the cases provided for by law;".

2. in the Al. 3, after the words "agency" road infrastructure "a comma and add" according to the National Strategic infrastructure projects "for the roads under art. 28 (b), para. 1. "

§ 2. In art. the following 20 amendments:

1. a new paragraph. 4:

"(4) the Minister of regional development and public works and the Minister of transport, information technology and communications are responsible for the preparation of a draft strategy for the development of road infrastructure in accordance with the State policy."

2. The current paragraph. 4 it al. 5.

§ 3. In art. 21 the following amendments and supplements: 1. Al. 3 item 1 shall be amended as follows:

1. assist the Minister of regional development and public works in the development of a draft strategy for the development of road infrastructure in accordance with public policy; ".

2. in the Al. 4:

a) a new item 5:

5. Approves three-year programme of the Agency for the management of roads and development of road infrastructure in accordance with the adopted by the Council of Ministers strategy for development of the road infrastructure and the annual plan for the implementation of the programme of the Agency and control their implementation; "

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

§ 4. In art. 21 in, al. 1 item 10 is created:

"10. the elaboration, adoption and submission to the Minister of regional development and public works for approval a draft of a three-year programme of the Agency for the management of roads and development of road infrastructure, with the exception of the roads under art. 28 (b), para. 1, in accordance with the strategy adopted by the Council of Ministers for development of the road infrastructure and the annual plan for the implementation of the programme of the Agency; the program and the plan shall be submitted to the Minister for approval by 31 January for the upcoming three-year period, respectively for the upcoming year. "

§ 5. In art. 26 the following amendments and supplements shall be made:

1. a new paragraph. 4:

"(4) the authorizations referred to in paragraph 1. 1 and 2 for highways under art. 28 (b), para. 1 shall be issued by the Executive Director of the national company "strategic projects". Authorisations under para. 1, item 2 and al. 2 shall be issued subject to the consent of the Management Board of the company. "

2. The current paragraph. 4 it al. 5 and after the words "national roads" a comma and add "relevant national Strategic infrastructure projects for highways under art. 28 (b), para. 1. "

3. The current paragraph. 5 it al. 6 and after the word "agency" a comma and add "respectively, the Governing Council of National Strategic infrastructure projects for highways" under art. 28 (b), para. 1. "

§ 6. A chapter four "a" with art. 28 a-28 and:

"Chapter four" a "

NATIONAL STRATEGIC INFRASTRUCTURE PROJECTS "

Art. 28. (1) there is hereby set up National Strategic infrastructure projects "with the status of State-owned enterprise under art. 62, para. 3 of the commercial code.

(2) National Strategic infrastructure projects ", hereinafter referred to as" the company ", is a legal person with headquarters in Sofia.

(3) the State shall provide to the company assets – public and private State property, as determined by decision of the Council of Ministers, for the performance of its activities.

(4) the company is not trading company formed and not not allocate profit.

(5) the company may not be opened insolvency proceedings.

Art. 28 (b) (1) the principal business of the company is financing, design, construction, management, maintenance and repair of the Struma motorway, HEMUS motorway and highway "Cherno More".

(2) in the design and construction of objects under para. 1 company:

1. organize, assign, finance, manage and control the activities directly related to the design and construction of roads, including the execution of all the necessary feasibility studies, financial analysis, analysis, cost-benefit, forecast traffic, carrying out the necessary procedures in accordance with current environmental legislation and other necessary for the realisation of projects;

2. carry out activities related to the forcible expropriation of property to meet state needs to build roads as an investor in accordance with the requirements of the law on State property;


3. prepare project proposals for grant applications for financial aid from the operational programme "transport" and from other sources of funding in relation to the implementation of the projects and the construction of roads;

4. conduct public procurement for the realisation of projects;

5. assign assessment of the impact on road safety and road safety audits of the corresponding stage of the planning of investment design, when you enter into a trial operation of the sites under para. 1 and during the start of their operation.

(3) the company operates motorways under para. 1 after the construction and put into operation.

(4) in the management of highways under para. 1 company:

1. organize, assign, and monitor fund activities, including the maintenance and repair of road facilities and travel accessories;

2. ensure the removal of abandoned vehicles and other obstructions from highways and provide facilities for roadside assistance of damaged vehicles;

3. special use permits and collect special fees for use of highways;

4. be responsible for the performance of their duties and provides services to physical and legal persons and the sole traders, exploiting a roadside service centers, in accordance with art. 16 of the law on waste management;

5. ensure public use and information and traffic forecasts for roads under para. 1.

Art. 28. (1) the financing of activity of the company is carried out by:

1. the State budget;

2. the fees for the special use of highways under art. 28 (b), para. 1;

3. assigned fees under art. 10, para. 1 in an amount to be determined by the law on State budget for the relevant year;

4. own income;

5. donations;

6. borrowing from financial institutions;

7. other sources.

(2) the resources of the Al. 1 be expended for:

1. carrying out the objects of the company, including design, construction, maintenance and repair of highways under art. 28 (b), para. 1;

2. maintenance of the company.

(3) the funds received in the company of a subsidy from the State budget for the funds provided from the funds of the European Union, and for special fees for the use of highways under art. 28 (b), para. 1 provisions of art. 520. 1 of the code of civil procedure.

Art. 28. (1) the governing bodies of the company are:

1. the Minister of regional development and public works;

2. the Governing Board;

3. the Executive Director.

(2) the company shall be represented by the Executive Director, who is a member of the Governing Council.

Art. 28 (e) the Minister of regional development and public works: 1. exercise the property rights of the State in the company and carries out the State policy in the field of management, planning and building of the Republican road;

2. approve the company's programme for the realization of the projects in accordance with the provisions of the law and by the Council of Ministers adopted a strategy for the development of road infrastructure and the annual plan for the implementation of the programme of the company, as well as their amendments;

3. controlling company for the implementation of the program and plan;

4. shall appoint and dismiss the members of the Management Board and the Executive Director of the company;

5. enter into contracts for the conferral of management of each of the members of the Management Board and the Executive Director, who shall be determined and their remuneration;

6. Authorizes the participation of the company in the commercial and civil companies, with the exception of those that carry out similar activities;

7. issue regulations for the device, the functions and activities of the company after consultation with the Minister of transport, information technology and communications, the Minister of finance and the Minister on the management of funds from the European Union;

8. Approves the decisions of the Management Board of the company's participation in international organizations;

9. approve the annual report on the activities of the company;

10. adopts decisions for disposal, scrapping or liquidation of fixed assets, establishing property rights and for the rental of real estate, on a proposal from the Management Board in accordance with the provisions of the law on State property.

Art. 28. (1) the Management Board shall be composed of three members, including the Executive Director.

(2) for the Member of the Management Board may be appointed a person with higher education and work experience not less than 5 years total in the field of management, planning and construction of road infrastructure or in the management of public and corporate structures, financial management and control of projects financed by the funds and programmes of the European Union.

(3) cannot be a member of the Board, a person who:

1. is convicted of an indictable offence established by a final judgment;

2. a spouse or relative rights, collateral or by marriage to the third degree with another Member of the Management Board;

3. loan management or control function in a political party;

4. is deprived of the right to be carried out commercial activities;

5. exercise commercial activity with the subject, similar to that of the company.


(4) may not be ceo person for whom there are circumstances under para. 3, item 1 – 4, and if trading or is a Manager, sales representative, sales rep, Procurator, salesman, a liquidator or a trustee, Member of the management or controlling body of a legal person, a non-profit commercial company or cooperative.

(5) the Management Board shall meet at least once a month.

(6) meetings of the Management Board shall be organized and chaired by the President of the Council, and in his absence, by the Vice-President.

(7) the rules for the work and the convening of the Board shall be approved by the Minister of regional development and public works, on a proposal from the Management Board.

(8) the decisions of the Management Board shall be taken by open ballot and a simple majority of all members. Meetings are scheduled, if more than half of its members.

(9) meetings of the Management Board shall keep minutes which shall be signed by all members present.

(10) the Minister of regional development and public works:

1. shall terminate the contract of Management Board Member:

a) in the circumstances referred to in paragraph 1. 3, and with the Executive Director and of the circumstances under para. (4);

(b)) that infringes or fails to fulfil the obligations provided for in the law or the contract for the management;

in) who has submitted a written application for the exemption;

d) upon entry into force of the Act, with established conflict of interest under the law for the prevention and detection of conflicts of interest;

(e)) in the de facto inability to perform his duties for more than three months;

2. may terminate the contract of Management Board member in its sole discretion without notice.

(11) the Management Board shall:

1. elect from among its members a Chairman and a Vice-Chairman;

2. approve the draft rules for the device, the functions and activities of the company and offers it to the Minister of regional development and public works;

3. adopts decisions for preparing, adopting and amending the draft program of the company for the realisation of the projects provided for by this Act, in accordance with the strategy adopted by the Council of Ministers for development of the road infrastructure and the annual plan for the implementation of the programme of the company; the program and the plan shall be submitted to the Minister of regional development and public works for approval by 31 January for the upcoming three-year period, respectively for the upcoming year;

4. adopt the annual financial plan of the company;

5. approve the structure and the State of the company and approve the funds for salary in accordance with the annual financial plan;

6. adopt the annual financial statements of the company and shall submit it to the Minister of regional development and public works for approval;

7. adopt the annual report on the activities of the company and shall submit it to the Minister of regional development and public works for approval;

8. proposes to the Minister of regional development and public works decisions on disposal, scrapping or liquidation of fixed assets, establishing property rights and for the rental of real estate;

9. adopts draft decisions for the company's participation in international organizations, and offer them to the Minister of regional development and public works for approval;

10. adopts decisions on the opening, conduct and completion of procedures for the award of public contracts with a value of over 100 000 LV. without value added tax;

11. make a proposal to the Minister of regional development and public works for the company's participation in programmes and projects financed with funds from the European Union, from the State budget and other financial sources and programs;

12. adopts decisions on the approval of the reports of the Auditors for road safety and for the removal of dangerous and/or critical features of drafts under art. 28 (b), para. 1 before the end of the stage, in accordance with art. 36 d;

13. perform other functions related to the management of the company, in accordance with the regulations or assigned to it by the Minister of regional development and public works.

(12) the Management Board may decide, and absentee, if all members have stated their consent in writing of the decision.

Art. 28. (1) the Executive Director of the company:

1. represent the company before the public authorities, the courts, and to third parties in the country and abroad;

2. organize, manage and supervise the overall activities of the company;

3. organizing and enforcing the decisions of the Governing Board;

4. decide on the initiation, conduct and completion of procedures for the award of public contracts with a value of up to 100 000 BGN. without value added tax;

5. enter into contracts for the activities carried out by the company;

6. enter into and terminate employment relationships with employees in the company;

7. account of his activities to the Management Board and to the Minister;

8. shall prepare and submit to the Governing Board and of the Minister of regional development and public works monthly progress reports on projects;

9. prepare and submit to the Governing Board and of the Minister of regional development and public works annual report on the activities of the company;


10. organize the award of the assessment of the impact on road safety and road safety audits of the corresponding stage of the planning of investment design, when you enter into a trial operation of the objects of art. 28 (b), para. 1 and during the start of their operation.

(2) when using the statutory holiday or a business trip, the functions of the Executive Director shall be carried out by an employee of the company, appointed by the Minister of regional development and public works.

Art. 28. (1) National Strategic infrastructure projects "water accounting and cash commitments basis in the manner laid down for budget-funded enterprises.

(2) report data for assets, liabilities, revenues and expenses are consolidated by the procedure of art. 33, para. 6 of the Act on accounting.

(3) the funds of the Enterprise shall be collected, retained, expended and accounted for in a separate bank account at the National Bank in the order determined by the Minister of finance and the Governor of the Bulgarian National Bank.

Art. 28. the annual financial statement of the national company "strategic infrastructure" projects is audited by the Court of Auditors. "

§ 7. In art. 30 is made the following changes and additions:

1. a new paragraph. 2:

(2) National Strategic infrastructure projects "carried out activities in the construction, repair and maintenance of highways under art. 28 (b), para. 1. "2. The current al. 2 it al. 3 and after the word "agency" a comma and add "relevant national Strategic infrastructure projects".

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

§ 8. In art. 38, para. 4, paragraph 1, after the words "an official of the Agency" shall be added "or the Executive Director of the national company" strategic infrastructure "or an official authorised by him".

§ 9. In art. 40, para. 2, after the word "agency" shall be inserted "or National Strategic infrastructure projects".

§ 10. In art. 53, para. 1 in the text before item 1 the words "para. 4 "shall be replaced by" para. 5. "

Transitional and final provisions

§ 11. (1) the head of the managing authority of the operational programme "Transport" and the Executive Director of the national company "strategic infrastructure" signed an agreement on the operational implementation of the projects financed by the operational programme "transport", the Cohesion Fund and the European Fund for regional development of the European Union after the inclusion of the company as a beneficiary under the operational program "Transport".

(2) the rights and obligations of the Agency "road infrastructure" in the preparation and construction of Struma motorway, the neizgradenata part of the HEMUS motorway to the station from the town of Jablanica near the intersection North of the town of Shoumen with time I-7 "limit Romania – o. p. Silistra – o. p. Shumen – Varbitsa – o. p. Yambol-Lesovo – Turkey Border" and the "Black Sea" is transferred from agency "road infrastructure the National Strategic infrastructure projects" within one month of the signing of the agreement on the operational al. 1.

(3) Agency "road infrastructure" continues to carry out the activities of management, maintenance and repair constructed and put into service stretches of highways under art. 28 (b), para. 1 to the commissioning of the remaining sections of them, built by National Strategic infrastructure projects ", and then the pass under the management of the company. The individual sections of the highways under art. 28 (b), para. 1, built by the national company "strategic infrastructure projects, are managed by the company since their introduction into service.

§ 12. Within one month of the signing of the operational agreement under § 11 para. 1 agency "road infrastructure the company transmits all available documentation for projects under art. 28 (b), para. 1.

§ 13. Road infrastructure Agency and National Strategic infrastructure projects "made, adopt and submit to the Minister of regional development and public works for approval a draft of their programmes within three months of the entry into force of this law.

The law was adopted by 41-Otto National Assembly on 7 July 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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