Name of law Law amending and supplementing the law on cultural heritage of the Name Bill a bill amending and supplementing the law on cultural heritage date adopted 01/07/2011 number/year Official Gazette 39/2011 Decree No 171

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 cultural heritage, adopted by the National Assembly of the HLI 1 July 2011.

Issued in Sofia on 8 July 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 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 and no. 101 of 2010.)

§ 1. In art. 2, al. 3, second sentence, the word "belong" is replaced by "owned".

§ 2. Art is created. 2a:

"Art. 2. (1) the cultural values, archaeological sites within the meaning of art. 146, para. 1, originating in the territory of the Republic of Bulgaria and the waters are public State property.

(2) cultural values, ownership of which is vested in accordance with the law of municipal property, are municipal property.

(3) cultural values, ownership of which was acquired by natural or legal persons by legal transaction, barred or through other means pridobivni and which do not pose public State or municipal property, are privately owned. "

§ 3. In art. 4, the words "with the assistance of ' shall be deleted.

§ 4. In art. 5, al. 1 creating the second sentence: "Activities on the protection of cultural property, the property of the Bulgarian Orthodox Church or other registered denominations, are carried out with their participation."

§ 5. In art. 6, p. 6 Add "including anthropological remains, discovered during fieldwork and remnants of paleozoologiâta and cultivated plants".

§ 6. In art. 7 make the following amendments and additions:

1. a new paragraph. 3:

"(3) cultural values are fragments of archaeological or other objects that are in the ruined appearance, make up a small part of the original integrity of the subject matter, are largely effaced, do not have significant cultural, scientific or artistic value and can be defined as the mass of material. They are not subject to identification, but are included in the scientific-auxiliary Fund of museums as necessary. "

2. The current paragraph. 3 it al. and 4 shall be replaced by the following: "(4) are not cultural goods within the meaning of this law:

1. machine-minted coins and monetovidni articles that have no relevance for research and exhibition value, with the exception of especially rare and valuable specimens, identified in accordance with this act as cultural values;

2. machinery manufactured objects which do not bear a signature or sign of their authors or is produced in large quantities, to have significant cultural, scientific or artistic value or are not linked to the historical figure or event;

3. works of art owned by Bulgarian or foreign authors, or those who are not older than 50 years;

4. antiques, other works of art which are not older than 100 years, with the exception of especially rare and valuable specimens, identified in accordance with this act as cultural values;

5. residual material-waste substance, obtained from human activity, which has no functional or artistic purpose. "

3. a para. 5:

"(5) on the proposal of the Minister of culture or an official authorised by him articles with important historical, cultural or scientific significance in al. 4 can be identified in accordance with this act as cultural values. "

§ 7. In art. 8 al. 1 shall be amended as follows:

(1) the protection of cultural heritage is a systematic process of inquiry learning, identification, recording, registration, conservation, restoration and adaptation. "

§ 8. In art. 9, after the words "to the ground" is added "including under water", and the words "or under the water" shall be deleted.

§ 9. In art. 12 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) the strategic objectives for the management and conservation of the cultural heritage are included in the strategy under art. 2 a of the Act on the protection and development of culture after a broad public discussion with the participation of interested scientific and cultural organizations, non-profit organizations, and registered religious faiths. "

2. in the Al. 3 item 1 is repealed.

3. Al are created. 4-10:

"(4) by decision of the Council of Ministers:

1. real archaeological cultural values – public State property shall provide free of charge for the management of departments and municipalities to carry out activities related to the protection and presentation of cultural values, for a period of up to 10 years on a proposal from the Minister of culture;

2. replacement shall take place on the property status of immovable cultural values with category "global player" or "national importance", declared or registered under this Act, where it is the property of natural or legal persons with an equivalent property-private State property, or with the right of construction on privately owned property. On the basis of the decision of the Council of Ministers, the head of the Office concerned and issued an order for the replacement contract.


(5) on the basis of the decision of the Council of Ministers under para. 4, paragraph 1 the Minister of culture shall conclude a contract, in which are settled the rights and obligations of both parties.

(6) the activities related to the conservation of immovable cultural property under para. 4, paragraph 1, as well as other scientific, cultural, educational and tourist activities are carried out in accordance with the requirements of this law by the archaeological museum or specialized based on the territory of the municipality and, in the case that no one from your nearest regional Museum, such as the relationship between the Museum and the authority or municipality is governed by a contract.

(7) on the basis of the decision of the Council of Ministers shall be effected transmission and the adoption of a protocol property form approved by the Minister of culture. The time limit for the transmission and reception of the property is determined by the decision of the Council of Ministers.

(8) Immovable cultural property submitted for management under para. 4, paragraph 1, may not be used off-label or to provide for the management of third parties.

(9) in case of violation of the prohibitions referred to in paragraph 1. 8 or wrongdoing relating to the failure to fulfil obligations under this law, the right to drive shall be withdrawn.

(10) the revenues from cultural values do the budget of the relevant department or municipality and be expended for activities on the protection of cultural values, conservation and restoration, Museum and other activities related to the protection of cultural heritage. "

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

1. The current text becomes paragraph 1 and in it:

a) point 13 shall be replaced by the following:

"13. agree:

(a) design, tasks) plans for conservation and management, spatial schemes and plans, their amendments, the specific rules and regulations and the investment projects – for single and group real cultural values with the categories "world" and the "national importance" in cases envisaged by this law;

(b) the projects tasks) Museum buildings and permanent exhibitions of museums;

c) investment projects for the construction and placement of monuments, monumental-decorative structures and elements in public spaces in urban and non-populated areas, as well as their elimination; "

(b) in item 14) the word "cultural" is replaced by "cultural".

2. a para. 2:

"(2) Projects and initiatives under para. 1, item 13 shall be agreed after the decision of the Specialized expert advice on Visual Arts, created the Minister of culture. "

§ 11. In art. 15, para. 2 create item 6 and 7:

"6. the protection of the cultural and literary cultural values stored in the library and archival collections – manuscripts, archival documents and incunabula editions;

7. carry out transactions with movable cultural property. "

§ 12. In art. 16, al. 5, the words "in which the Governor" are replaced by "regional governors of the territory" and the word "created" are replaced by "create".

§ 13. Article 18 shall be amended as follows:

"Art. 18. (1) the National Institute of immovable cultural heritage (NINKN) is a public cultural institution of national importance and activity in the field of conservation of immovable cultural heritage, including research on search and study of immovable cultural heritage.

(2) the National Institute of immovable cultural heritage is a legal person the budgetary allowance – secondary authorising officer to the Minister of culture.

(3) to carry out its functions NINKN may establish territorial units. "

§ 14. Article 19 shall be amended as follows:

"Art. 19. (1) the National Institute of immovable cultural heritage:

1. assist the Minister of culture in the exercise of its powers in carrying out the State policy in the field of conservation of immovable cultural heritage;

2. conduct a business search and study of immovable cultural heritage, including research on search and study of immovable cultural heritage;

3. draw up a preliminary and comprehensive assessments and motivated proposals for the Declaration and the real cultural values;

4. make a proposal to the Minister of culture to determine the arrangements for the protection of immovable cultural property;

5. carry out specialized documentation of real cultural values and of the information available to them;

6. leads public register of immovable cultural values, maintain a national archive and documentary Fund organises information center;

7. establish and maintain a specialized card and records within the meaning of art. 32, para. 1, item 2 of the law on cadastre and land registry of immovable cultural heritage;

8. issue documents and duplicates, provides reports and copies of archival materials;

9. maintaining and developing the information system of the immovable cultural heritage;

10. prepare projects of conservation and management plans, reports, routine jobs, pilot projects and other immovable cultural heritage at the request of individuals and legal entities;

11. performs other activities laid down in law.

(2) to carry out the activities referred to in para. 1 8 NINKN charge fees in the dimensions specified by the Council of Ministers. "

§ 15. In art. 23, the words "rules of procedure" shall be replaced by "issued by".

§ 16. In art. 24, the words "cultural and natural values and models" are replaced by "cultural values, natural specimens and anthropological relics".

§ 17. Article 25 shall be amended as follows:

"Art. 25. (1) the Museum is created in the presence of:


1. cultural values identified by the order of the Ordinance under art. 107, para. 1, which may be presented in the form of a Museum;

2. buildings, providing conditions for the conservation of movable cultural property as defined by the Ordinance under art. 34, para. 6, and the conditions for the presentation of movable cultural property as defined by the Ordinance under art. 185;

3. a permanent source of funding the activities of the Museum (cost of building and staffing and resources for tracing activities, study, conservation and presentation of movable cultural and natural values and models);

4. specialists with the necessary qualifications in accordance with the statistical classification under art. 37, para. 2.

(2) the Museums can be created:

1. for the submission of personalities, activities, events and events, as well as thematically distinct groups of works of art, objects and specimens that do not have quality of movable cultural property or have not gotten quality ones, but in the aggregate represent scientific, cultural, social, religious or tourist interest;

2. in the case of buildings, providing conditions for the preservation and presentation of the articles in item 1.

(3) the establishment of museums under para. 2 and the presentation of their funds in exposures is governed by an order determined by the Ordinance issued by the Minister of culture. "

§ 18. In art. 28 the following endorsements are added:

1. In paragraph 8. 4, third sentence, after the words "the procedure for creating" insert "and" activity.

2. Al are created. 5 and 6:

"(5) the Director of the State, regional or municipal museum may be a person:

1. higher education with educational qualification obtained master's degree in the specialty of relevant professional direction and

2. professional experience:

and State and local) museums – 5 years working experience in relevant professional direction;

(b)) for the municipal museums – three years professional experience in relevant professional direction.

(6) legal relations with directors of museums under para. 5 arise on the basis of a competition for a period of five years, except in cases where the special law provides otherwise. The competition is held by the Commission, appointed in accordance with the labour code, the composition of which includes a representative of the Ministry of culture and the two Museum experts. "

§ 19. Article 29 shall be amended as follows:

"Art. 29. (1) the structure and activity of museums shall be determined by regulations:

1. issued by the Minister of culture – to state museums, created the Minister of culture;

2. issued by the head of the establishment – for state museums created to departments;

3. adopted by the Municipal Council – for regional and municipal museums and museums with mixed participation;

4. approved by the owner of the Museum – for private museums.

(2) in the case of al. 1, item 2 and 3 regulations shall be issued after consultation with the Minister of culture or authorized by him Deputy Minister. "

§ 20. In art. 30, para. 2, paragraph 4, the words "article. 25, item 2, 3 and 4 "shall be replaced by" art. 25, para. 1, 2, 3 and 4 ".

§ 21. Article 33 shall be repealed.

§ 22. In art. 34 the following modifications are made:

1. Paragraph 2 shall be replaced by the following: "(2) Movable cultural property – a national treasure, form the National Museum Fund. Activities related to the management of the Fund shall be determined by the Ordinance under para. 6. "2. Paragraph 6 shall be amended as follows: "(6) the procedure for the formation, management and identification of Museum funds is determined in the Decree, issued by the Minister of culture."

§ 23. In art. 36, the words "by an order determined by the Ordinance of the Minister of culture shall be deleted.

§ 24. In art. 37 para. 1 shall be amended as follows:

(1) the activities under art. 35, para. 1 and art. 36 shall be carried out by persons who hold professional qualifications in accordance with the requirements set out in the nomenclature of Pará. 2. "

§ 25. In art. 41 al. 2 is repealed.

§ 26. In art. 45 item 3 shall be replaced by the following:

"3. the spatial structure and territorial scope."

§ 27. In art. 47 following amendments and supplements shall be made:

1. In paragraph 6, the word ' landscape ' is replaced by ' landscape '.

2. an item 9:

"9. the cultural route: a collection of historical route of the traditional way with the immovable objects to it's cultural heritage and landscapes."

§ 28. In art. 48 the following modifications are made:

1. In the text before paragraph 1 the word "number" shall be deleted.

2. In paragraph 2 of point d shall be replaced by the following:

"e) archaeological reserve-designated territory or part of the territorial sea, saturated with or attempted to search below the surface or terrestrial archaeological cultural values, including archaeological levels and/or cultural layers uncovered during construction activities.

§ 29. In art. 50 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 5 is created:

"5." for information "– independent sites with low-value individual carriers of information for scientific and cultural area, to which they relate."

2. in the Al. 2 words, "Ordinance of the Council of Ministers, on a proposal from the Minister of culture shall be replaced with" Ordinance of the Minister of culture.

3. in the Al. the words "shall be determined by law for each individual reserve" shall be replaced by ' shall be determined by this law, as they are set out in the list in the annex.

§ 30. In art. 53, t. 4 Finally adds "including samples of Philately".

§ 31. Article 55 shall be amended as follows:

"Art. 55. The identification of objects of immovable cultural heritage is a systematic process of search, study and preliminary assessment of the research object as a real cultural value. "

§ 32. In art. 56 the following modifications are made:

1. In the text before point 1, the words "real cultural values" are replaced by "the objects of immovable cultural heritage".

2. In paragraph 2 the word "specialized" is deleted.

3. point 3 shall be replaced by the following:


"3. the preliminary assessment – identification of signs of research object as a real cultural value."

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

1. a new paragraph. 2:

"(2) the search and study of real archaeological relics are carried out by persons authorised to carry out field trials under this law."

2. The current paragraph. 2 it al. 3 and shall be amended as follows:

"(3) the preliminary assessment under art. 56, item 3 of the real cultural values, with the exception of the fieldwork to rescue archaeological sites, is carried out by NINKN on the basis of a scientific assessment of the persons referred to in para. 1 and 2, by the order of the Ordinance under art. 50, para. 2. "

3. a para. 4:

"(4) the ex-ante evaluation of the salvage archaeological research in field objects is carried out by the Expert Committee as determined by the procedure of art. 159, para. 2. The order of the Commission shall be determined by the Ordinance under art. 50, para. 2. "

§ 34. In art. 58 following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) the Declaration of objects that can be defined as a real cultural values shall be carried out by order of the Minister of culture on the proposal of the Director of NINKN, on the basis of the preliminary assessment under art. 57, al. 3 and 4. The proposal includes preliminary categorization, classification and temporary protection regimes of these objects.

(2) the order under paragraph 1. 1 set preliminary classification and category of the object of immovable cultural heritage and provisional arrangements for its preservation. "

2. a new paragraph. 3:

"(3) in the case of the ex ante evaluation referred to in art. 57, al. 3 it is established that the object under examination does not have signs of immovable cultural values, the Director of the NINKN draw a reasoned proposal to the Minister of culture for refusing to declare. "

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

§ 35. In art. 59 following amendments and supplements shall be made:

1. In paragraph 8. 2, after the words "owners" is added "declared," and after the words "real objects" a "is inserted for the archaeological – and the Director of the regional Museum" and a comma.

2. in the Al. 3 the words "is for a period of up to three years ' shall be deleted.

3. Paragraph 4 is replaced by the following:

"(4) Declared real objects have the status of a real cultural values to their establishment as such under this law."

§ 36. In art. 60 Finally, add "and the acts for the termination of the provisional regime of art. 62, para. 1. "

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

1. The current text becomes paragraph 1 and is amended as follows: (1) Declared real objects are subject to final evaluation in connection with their registration as cultural values, which is carried out by NINKN in the interaction with the specialized institutions and competent persons.

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

"(2) With the final score under par. 1 shall be carried out to establish the cultural and scientific value and social significance of the object, its authenticity, preservation and interaction with the environment and society.

(3) Real archaeological sites, of which it was granted the status of a real cultural values under this law shall be subject to final evaluation. When real archaeological sites located on the territory of the archaeological group values, they shall be subject to final evaluation for the provision of their status as single real cultural values.

(4) For traced and explored real objects of cultural heritage, for which there is sufficient data for the preparation of the final evaluation shall not apply the provisions of art. 58, para. 1 and 2 and the provision or the refusal to grant the status of immovable cultural value shall be carried out in accordance with Chapter v, section III.

 (5) the final evaluation of projects under par. 1, 3 and 4 shall be carried out by an order determined by the Ordinance under art. 50, para. 2. "

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

1. In paragraph 8. 1, after the words "Minister of culture" is added after "written statement of the Director of the NINKN".

2. a new paragraph. 2:

"(2) when the final score under art. 61, para. 3 it is established that a real archaeological site does not possess the qualities of cultural value, its status is taken away by order of the Minister of culture. "

3. The current paragraph. 2 it al. 3 and after the words "under para. 1 "insert" or 2 ".

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

§ 39. In chapter v the name of section III shall be replaced by the following: "status of immovable cultural value".

§ 40. In art. 64 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) When by final score under art. 61, para. 1, 3 and 4 it is found that the objects of immovable cultural heritage have the qualities of a real cultural values, the Director of NINKN makes a proposal to the Minister of culture for their classification, categorization and protection regimes in connection with the provision of the Statute of the real cultural values. "

2. Paragraph 3 shall be amended as follows:

"(3) the specialized expert advice shall issue an opinion to the Minister of culture within one month of receipt of a proposal under paragraph 1. 1. "§ 41. In art. 65 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and 2 and 3 are amended:


"2. the niche real cultural values with category" national importance "– by order of the Minister of culture after consultation with the Minister of regional development and public works, and when within the confines of immovable cultural values fall under the law for protected areas protected areas or protected zones within the meaning of the law on biological diversity – and with the Minister of environment and water;

3. all other categories of real cultural values – by order of the Minister of culture. "

2. a para. 2:

"(2) the orders of the Minister of culture under para. 1, 2 and 3 shall be published in the Official Gazette. "

§ 42. In art. 66 is hereby amended as follows:

1. In paragraph 8. 1, the words "within 7 days" shall be replaced by "within 14 days.

2. in the Al. 2, the words "within 7 days" shall be replaced by "within 14 days.

3. in the Al. 3 the words "art. 65, item 2 and 3 ' shall be replaced by "art. 65, para. 1, 2 and 3 ".

§ 43. In art. 67, para. 1 the words "art. 65, paragraph 1 "are replaced by" article. 65, para. 1, item 1.

§ 44. In art. 68 al. 2 shall be replaced by the following: "(2) information on the status of the property as a real cultural value, described with its identifier in accordance with the law on cadastre and land register shall be provided by the NINKN Agency of Geodesy, cartography and cadastre. The Agency of Geodesy, cartography and cadastre provides the data of the registry agency within 14 days according to art. 6, al. 1 of the law on cadastre and land registry. "

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

1. Paragraph 1 shall be amended as follows:

"(1) the Change of status of immovable cultural values, as well as removal from the register under art. 68 shall be carried out in accordance with the procedure for the Declaration of, and providing status. "

2. in the Al. 2 the word "logging" is replaced by "status".

3. a para. 4:

"(4) the conditions and procedures for the development and maintenance of specialized maps registers of immovable cultural heritage shall be determined by an Ordinance of the Minister of culture and Minister of regional development and public works."

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

1. In paragraph 8. 1 item 3 shall be replaced by the following:

"3. coordinated by the order of art. 84, para. 1 and 2 projects under art. 80, al. 3 and art. 83; ".

2. a new paragraph. 2:

"(2) in the disposal of immovable cultural value due to failure to meet the obligations under para. 1, item 1 and 2 persons at al. 1 are obliged to reinstate it in the same form – with the original voluminous-spatial parameters and architectural and artistic features. The period of recovery is determined by the Minister of culture. "

3. The current paragraph. 2 it al. 3 and shall be amended as follows:

"(3) the owners, holders and users of real estate that is detected or data exists for the presence of a real archaeological site, are required to provide access to the competent authorities for the inspection of his physical condition and to fulfil the requirements for its preservation."

4. a para. 4:

"(4) the owners, holders and users of real estate, in which is preserved and exhibited immovable archaeological cultural value are bound to provide public access under the conditions laid down by the Ordinance under art. 185. "§ 47. Article 72 shall be amended as follows:

"Art. 72. (1) in the presence of circumstances endangering real cultural value of damage or destruction, the owner or operator of the property the concessionaire is obliged to notify the municipality Mayor, the Director of the regional Museum and the regional Inspectorate for protection of cultural heritage in the location of the immovable cultural values and to take immediate action in securing it.

(2) in the circumstances referred to in paragraph 1. 1 real archaeological cultural values, including cases under art. 160, para. 2, the owner or operator of the concessionaire, property, cultural values, shall notify the authorities referred to in para. 1 and the Director of the regional Museum, the Sofia city and Sofia-region – National Archaeological Institute with Museum, Bulgarian Academy of science.

(3) the Mayor of the municipality or an official authorised by him and the regional Inspectorate for protection of cultural heritage give immediate appropriate indications for emergency temporary reinforcement and set a deadline for their execution.

(4) upon failure to comply with the obligations under para. 1 and 2 and the corresponding indications under para. 3 within the municipality carried out the necessary safety and emergency temporary strengthening at the expense of the person under art. 71, para. 1, within 14 days after the expiry of the period referred to in para. 3.

(5) the presence of circumstances under para. 1, as well as the instructions given under para. 3 and the measures taken, the head of the regional Inspectorate shall immediately notify the Minister of culture. "

§ 48. In art. 73 following amendments and supplements shall be made: 1. Paragraph 1 shall be amended as follows:

(1) within 14 days from the giving of the relevant guideline under art. 72, para. 3 for real cultural values, with the exception of archaeological, the Mayor of the municipality shall appoint a Commission that includes the Inspector by the regional Inspectorate for protection of cultural heritage, representatives of NINKN, the Regional Directorate for national construction and control of the municipality. For art, ethnographic and historical real cultural values in the Commission includes a representative of the thematic scope, and Museum for active objects with religious purpose-and a representative of the relevant registered religion. "

2. Paragraph 3 shall be amended as follows:


(3) based on konstativniâ Protocol, Mayor of the municipality in a 14-day deadline issued an order by which oblige the persons under art. 71, para. 1 at their own expense within a specified period of time to carry out the necessary fortification, conservation, restoration and repair work on the project documentation, coordinated by the order of art. 84, para. 1 and 2. The order shall be communicated to the interested persons and may be appealed pursuant to the administrative code, the appeal does not stop its implementation. "

3. a para. 4:

"(4) for archaeological real cultural values shall apply the provisions of art. 160, para. 3. "

§ 49. Article 74 shall be replaced by the following: "art. 74. (1) where the Commission under art. 73, para. 1 disassembly and subsequent reconstruction offers the authentic data of immovable cultural values, its owner shall prepare and submit to the Ministry of culture graphics, textual and photographic documentation, sufficient for the implementation of the reconstruction. Following a favourable opinion of the Minister of culture or officials authorised by the Mayor of the municipality issued an order to dismantle the immovable cultural values.

(2) the order under paragraph 1. 1 shall be notified to the interested persons and may be appealed pursuant to the administrative code. The appeal of the order does not stop its implementation.

(3) the immovable cultural values are reconstructed on the basis of the documentation provided under para. 1 and investment project, coordinated by the order of art. 84. "

§ 50. In art. 76, para. 1, after the word "necessary" is added "project" and the words "for temporary reinforcement and subsequent" shall be replaced by "or".

§ 51. In art. 79 para. 7 shall be amended as follows:

"(7) where in certain areas there is evidence for the presence of archaeological sites, the Minister of culture may by order declare them by the procedure of art. 64 for protected areas within the meaning of para. 6. "§ 52. In art. 80 para. 3 shall be amended as follows:

(3) Spatial schemes and plans under art. 78 and the specific rules and regulations to them, their preparation tasks and blueprints with proposals under art. 135, para. 2 of the law on spatial planning shall be agreed before their approval by the procedure of art. 84. "

§ 53. In art. 81 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1, after the word "immovable" is added "cultural";

b) point 3 is replaced by the following:

3. long-term and short-term programmes of activities on the protection of immovable cultural values and in the implementation of the plan;.

2. Paragraph 4 is replaced by the following:

"(4) the plans for the conservation and management of single or group real cultural values are the subject of public discussion in the order determined by the Ordinance under para. 5. "

§ 54. In art. 82 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

(2) conservation and management plans and tasks for their preparation shall be agreed:

1. with Minister of culture by the procedure of art. 84, para. 1 and 2;

2. with the municipality, where the plan is not the contracting authority, as well as with interested institutions. "

2. a para. 5:

"(5) instruments of acceptance in accordance with para. 3 plans for the conservation and management of immovable cultural property shall be published in the Official Gazette. "

§ 55. Article 83 shall be amended as follows:

"Art. 83. (1) investment projects and requests to intervene in protected areas for the conservation of cultural heritage shall be approved and the construction works are carried out in accordance with the law on spatial planning in consultation by the procedure of art. 84, para. 1 and 2, as follows:

1. in a single cultural values and their limits: a) programs, jobs, visas for design, investment projects for: conservation, restoration, adaptation, exposure data, using authentic reconstruction, extension, extensions, constructive consolidation, Division, change of status, repairs and conversions, color facade solutions, artistic lighting, landscaping and public works;

b) visas for the design and investment projects in part for a new architecture and mainly complementary buildings, and in the presence of real archaeological cultural values – and part-projects and constructions, building tolerances to join the networks of technical infrastructure;

in) requests and documentation to perform ongoing and emergency repairs and fortifications;

d) schemes and projects for mobile sites, including paving, fences, fountains, street lighting and other elements of urban furniture, promotional, informational and monumental-decorative elements, as well as electrical and gazifikacionni boards, environmental facilities, antennas of mobile operators;

2. in the security zones of single cultural values within the Group and cultural values, the protection schemes, if not otherwise specified:

a) visas for design and investment projects in part: new architecture and mainly complementary construction, reconstruction, upgrading, extension, repairs and refurbishments with changing the appearance of the works, and on archaeological real cultural values – and projects under part "structures", and for building tolerances to join the networks of technical infrastructure;

b) visas for the design and investment projects for landscaping and public works;

c) schemes and projects for mobile sites, including paving, fences, fountains, street lighting and other elements of urban furniture, promotional, informational and monumental-decorative elements, as well as electrical and gazifikacionni boards, environmental facilities, antennas of mobile operators;


d) requests and documentation to perform the external current and emergency repairs, in which change the architectural and/or artistic characteristics of the works;

3. in the security zones of niche cultural values, if the protection is not otherwise specified – visas for investment projects on design and architecture: a new part for basic construction, upgrading and extension, and on archaeological real cultural values – and projects under part "structures", and for building tolerances for connection to the networks of the technical infrastructure.

(2) in the interventions in the real cultural values in their borders and security zones – for the categories "world" and the "national importance", and real archaeological cultural values, regardless of their category, apart from the dossiers under para. 1 align the projects and transport and technical infrastructure.

(3) the commissioning of construction projects under par. 1 and 2, except in the cases under art. 83 (a), para. 2, takes place after a positive opinion of the Minister of culture or of the authorised by officials, and the ekzekutivnata documentation for the purposes of spatial planning act shall be agreed in accordance with art. 84, para. 1 and 2.

(4) in cases where a detailed plan for the territory or part of territory of cultural heritage there is no coherent business plan shall be submitted and spatial volume study, which covers the property – the subject of design, and the immediately neighbouring estates.

(5) Move, remove, in whole or in part of immovable cultural values, as well as removal of vegetation and architectural elements in the real cultural values-garden and landscape art, shall be authorised in accordance with the law on spatial planning and following a favourable opinion under conditions laid down by the authority under para. 3. The first sentence shall also apply in the cases under art. 59, para. 4. (6) Change of the intended use of the land, in which falling real cultural values or their security areas shall be agreed in accordance with art. 84, para. 1 and 2. "

§ 56. Art is created. 83: "art. 83. (1) Not entered into operation in accordance with spatial planning act real cultural values, which is implemented: 1. façade conservation and restoration;

2. conservation and restoration of artistic elements and murals in the Interior;

3. the field of archaeological conservation cultural values.

(2) acceptance of the implementation of the activities referred to in para. 1 shall be carried out by the Commission, the composition of which shall be determined according to the type and volume of activities carried out. The Commission shall be appointed by order of the Minister of culture or an official authorised by him.

(3) the Commission under para. 2 check the documentation for the object, sets the quality of the conservation and restoration works and offers to Minister of culture to accept or to refuse to accept the reasoned implementation.

(4) the Minister of culture issued an order for the adoption of the conservation and restoration activities within one month after submission of the minutes of the Commission.

(5) the contracting authority shall forward a copy of the documentation for the object in the NINKN for the completion of the dossier of the immovable cultural values.

(6) in cases where the Commission under para. 2 refusal to accept offers of work completed by the Protocol are given guidelines and determine the person responsible and deadlines for their implementation. "

§ 57. Article 84 shall be amended as follows:

"Art. 84. (1) the coordination under this section shall be carried out with a written statement and endorsement with graphic print on materials within two months from the date of receipt of the relevant documentation.

(2) the coordination is carried out by the Minister of culture or authorised by officials after the written opinion of NINKN.

(3) Projects for the conservation and management plans, planning jobs, pilot projects and other immovable cultural heritage, produced by NINKN, shall be agreed in accordance with para. 1 and 2 after the opinion of the specialized expert advice under art. 64, para. 2.

(4) for coordination under para. 1 and 2 shall submit an application in a form approved by the Minister of culture.

(5) the refusal for reconciliation be motivated in writing.

(6) the refusal under para. 5 can be challenged under the administrative code.

§ 58. In art. 88, paragraph 2, after the words "archaeological reserves" shall be inserted "or parts of them."

§ 59. In art. 89 para. 2 and 3 are amended:

"(2) teams for preparatory actions and in the committees to carry out the procedures for granting concessions on real cultural values shall include at least one representative of the Ministry of culture, the NINKN, and when the concession property includes immovable archaeological cultural values – and a representative of the National Archaeological Institute and Museum, Bulgarian Academy of Science (NAIM at the Bulgarian Academy of Sciences).

(3) the coordination of projects of decisions to open a procedure for granting a concession on the real cultural values of art. 103 of the law on concessions is performed after the opinion of the NINKN, and on archaeological real cultural values – and opinion of the NAIM at the Bulgarian Academy of Sciences. At the same time as the draft decisions to be forwarded and reconciliation:

1. the rationale of the concession by concession analyses and the annexes thereto;

2. the projects of the contract and of the concession contract. "


§ 60. In art. 90, para. 2 the first sentence shall be replaced by the following: "the concessionaire is obliged to provide annual funding for the conservation and maintenance of immovable cultural property on the territory of the concession property, and in the presence of archaeological values or data about archaeological sites – and funds for archaeological research to complete a study of the koncesioniranata zone."

§ 61. In art. 91, para. 3 item 1 shall be amended as follows:

"1.30 per cent – for the study and conservation of immovable cultural property;".

§ 62. In art. 92, para. 2 the words "in the territory of the Republic of Bulgaria, among the public and in its material environment ' shall be replaced by ' in accordance with chapter seven".

§ 63. In art. 93, para. 1, after the word "State" is added "regional".

§ 64. In art. 94, para. 2, after the word "State" is added "regional".

§ 65. In art. 96 is hereby amended as follows:

1. Paragraph 3 is replaced by the following:

"(3) the identification of the cultural property shall be carried out by the Commission, appointed by the Director of the Museum. (C) the Commission will include three Museum experts, if necessary can be included and other experts from the field entered in the register referred to in paragraph 1. 4, as well as the persons entered in the register under art. 165. "

2. in the Al. 4, the words "educational and scientific degree" doctor "are replaced by" educational qualification degree "master".

§ 66. In art. 97 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) State, regional and municipal museums must carry identification in acquisition of the property, which can be defined as a cultural value. The identification is carried out by the order of the Ordinance under art. 34, para. 6. "

2. in the Al. 2, after the word "scope" is added "State or regional".

3. Paragraph 3 is replaced by the following:

(3) natural and juridical persons, holding objects or collections of objects that can be defined as cultural property, may ask for their identification by the thematic range State or regional Museum. "

4. Paragraph 4 is replaced by the following:

"(4) the authorised Merchant for fulfillment of trade activity with cultural values, may carry out the identification of cultural values, offered him for sale. The identification is performed before conducting the auction sale or another. "

5. a new paragraph. 5:

"(5) the works of contemporary art, property of their authors or heirs of authors, subject to identification under this Act only if requested by the owners or heirs."

6. a para. 6:

"(6) are not subject to identification of archaeological objects, coins and monetovidni objects and works of creative arts, imported into the territory of the country, originating in other countries, where they are accompanied by a document of origin and ways of their acquisition."

7. The current paragraph. 5 it al. 7 and shall be amended as follows:

"(7) To request for identification the persons referred to in para. 2, 3 and the trader under para. 4 apply a document certifying the right of ownership or holding, a declaration of origin and ways for the acquisition of the property. For incorrect data the declarant is liable under art. 313 of the Penal Code. "

8. a para. 8:

"(8) the identification under paragraph 1. 2, 3 and 4 shall be carried out by an order determined by the Ordinance under art. 107. "

§ 67. In art. Al 99. 3 shall be amended as follows:

"(3) the specialized expert advice on al. 2 consists of 11 permanent members – three representatives of the Ministry of culture and eight representatives of the various governmental, scientific and cultural organizations in conservation of cultural heritage, of which at least one is professional with qualifications as a curator at the gallery for the arts "with minimum 5 years experience in the market of artistic works. When necessary, experts in the field to attract. "

§ 68. In art. 102 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows: ' (1) in the Ministry of culture shall establish and maintain a register of movable cultural valuables acquired the status of a national treasure by the procedure of art. 100. "

2. paragraph 2 is replaced by the following:

"(2) the register referred to in para. 1 fit the cultural values, national treasures, which are:

1. the State or municipal property;

2. collection;

3. property of natural or legal persons. "

3. a para. 5:

"(5) in museums to create and maintain records of identified of these movable cultural property. Information from the registers shall be provided in the Ministry of culture by the order of the Ordinance under art. 107. "

§ 69. In art. 103 the following modifications are made:

1. In the text before item 1 the words "para. 2, item 1 "shall be replaced by" para. 1. "

2. In paragraph 6, the word "storage" is replaced by "protection".

§ 70. In art. 105 following amendments and supplements shall be made:

1. In paragraph 8. 2 section 2 is repealed.

2. Paragraph 3 shall be amended as follows:

"(3) for issuing of certificate for identification of movable cultural property by the persons under art. 97, para. 3 pay a State fee, determined by the tariff referred to in art. 4, al. 2, item 4, of the Act on protection and development of the culture. "

3. a para. 4:

"(4) where, in the identification of the cultural values it is possible to separate a group of two or more cultural values with very similar characteristics, manufacturing, periodization or other similar marks, it is treated as an object for identification purposes, such as for her is drawn one expert conclusion and paid double tax."

§ 71. In chapter six the name of section III shall be replaced by the following: "Collections".

§ 72. Art is created. 109a:


"Art. 109. State bodies, government departments, non-profit organizations and registered faiths can create public collections, which in its entirety have importance for society, as well as to provide their presentation in exhibitions. The creation and management of public collections are performed in the order specified by an Ordinance of the Minister of culture. "

§ 73. In art. 111, para. 1, item 1, the words "by an order determined by the Ordinance of the Minister of culture shall be deleted.

§ 74. In art. 116 creates al. 7:

"(7) the conditions for the preservation of cultural values under para. 2, paragraph 1 shall be determined by the Ordinance under art. 127. "§ 75. Article 118 shall be amended as follows:

"Art. 118. The conservation of cultural property and the conduct of business with them may not be implemented in the same premises together with other items, marketed, except when things have a similar character with cultural values. "

§ 76. In art. 122 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) in the catalogue shall be certified carried out the identification of cultural values, as it contains the information as determined by the Ordinance under art. 107. "2. Al is created. 3:

"(3) the provisions of para. 2 does not apply to cultural values – a national treasure. "

§ 77. Article 127 is amended as follows:

"Art. 127. The procedure for the issue of authorisations under this section, the conditions of preservation of cultural values and the procedure for the conduct of commercial activity, as well as for keeping the register under art. 116 shall be determined by an Ordinance of the Minister of culture. "

§ 78. In art. 129 the following modifications are made:

1. In paragraph 8. 3 the words "24 months" are replaced by "4 years".

2. Paragraph 4 is replaced by the following:

"(4) in the cases referred to in para. 2, paragraph 1 the financial guarantee is provided through an insurance policy or is assumed by the State by decision of the Council of Ministers, on a proposal from the Minister of culture. "

§ 79. Article 131 shall be replaced by the following:

"Art. 131. the certificate for export under art. 128, para. 3 shall be issued by the Minister of culture or by officials authorised by him. The terms and conditions of issue shall be determined by the Ordinance under art. 130, para. 4. "

§ 80. In art. 146 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) archaeological sites are all movable and real tangible evidence of human activity from past eras, located or found in the Earth's crust, on their surface, on land and in the water, for which the main sources of information are field studies."

2. paragraph 2 is repealed.

§ 81. In art. 147 is hereby amended as follows: 1. Paragraph 4 is replaced by the following:

"(4) in respect of the methodical expedition archaeological values are: 1. the search for archaeological sites – nedestruktiven method and initial stage of archaeological research, which recognized archaeological values;

2. archaeological excavations – destructive method of field archaeological research, which clarify the basic characteristics of archaeological sites – history, type and borders;

3. archaeological observation – establishment of the existence of archaeological structures of a place. "

2. in the Al. 5 item 1 shall be amended as follows:

"1. the regular – plan to solve specific scientific task, and for the purposes of integrated conservation;".

§ 82. In art. 148 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "Minister of culture" there shall be added "or an official authorised by him".

2. Paragraphs 2, 3, 4 and 5 be amended thus:

"(2) when the field studies have been carried out or rescue in order to search for archaeological sites with non-destructive methods, the permission for them, with the exception of the cases referred to in para. 3 shall be issued by the President of the Council for field studies. For a permit, the Chairman shall immediately notify the Minister of culture.

(3) the Field studies in the Republic of Bulgaria, involved in international research projects or planned with the participation of the person under art. 150, para. 2 shall be adopted with the permission of the Minister of culture on the basis of an expert opinion of the Council on field studies.

(4) the Means for carrying out of field archaeological research will be provided annually with the law on the State budget of the Republic of Bulgaria. Funds for carrying out of field archaeological research can provide and in the budgets of the municipalities and departments, as well as to provide foreign cultural, scientific or academic institutions to participate in research projects under par. 3 in the cases under art. 150, para. 2 or from other sources.

(5) the means of rescue to complete fieldwork study on the field shall be provided by the contracting authority in connection with the investment initiative is carried out survival study. "

§ 83. In art. 149 the following modifications are made:

1. In paragraph 8. 1:

a) in paragraph 1 the word "three" is replaced by "two";

b) in paragraph 2 the word "eight" are replaced by "four";

in point 6), the word "three" is replaced by "two".

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

2. opinions on the conclusion of international treaties related to field archaeological research. "

§ 84. In art. 150, para. 1, item 3 Add "in cases where the applicant is not a person habilitirano".

§ 85. Article 151 shall be replaced by the following: "art. 151. (1) the Permission to carry out field studies shall be issued on the basis of an application by a person under art. 150, para. 1.

(2) to conduct an archaeological search the application shall be accompanied by:

1. documents certifying the existence of the requirements of art. 150, para. 1;

2. work programme for field study and a document certifying its financing;


3. a request for the use of special technical means, a document for their registration, as well as the name of the person who will work with them, or a statement that there is no provision for the use of such funds.

(3) For conducting archaeological excavations to the application shall be accompanied by:

1. Description of the object of study and justification;

2. documents certifying the existence of the requirements of art. 150, para. 1;

3. the work programme for the field study, a document certifying its financing, as well as for field conservation;

4. a request for the use of special technical means, a document for their registration, as well as the name of the person who will work with them, or a statement that there is no provision for the use of such funds;

5. the written consent of the owner, the concessionaire or the user of the property;

6. a statement that the person is not participating in the concession of the study real cultural value.

(4) where the application is to perform a salvage field studies, the applicant shall submit a reasoned opinion and of the regional Inspectorate for protection of cultural heritage or the Director of the Museum, and in the cases under art. 160, para. 2 apply an approved Protocol by the Commission under art. 160, para. 3.

(5) The application for authorisation, the applicant shall submit and field research:

1. document for transmission of archaeological finds from previous field studies, issued to the applicant, at the State, regional or municipal museum;

2. certificate of passed field documentation under art. 153, para. (2);

3. a document certifying the existence of the security object for the duration of the authorization. "

§ 86. In art. 152, para. 1 in the text before item 1 the words "authorisation shall be issued for a period of one year and contains" are replaced by "permission with a duration within the calendar year in which it was issued, and it contains:".

§ 87. In art. 153 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 4 and 5 are amended: "4. provide financial and organizational field conservation, through which to prevent damage and destruction of the finds, as well as the loss of related information that is carried out with the participation of the relevant specialist, entered in the register under art. 165, para. 1;

5. provide a refund of the appearance of the archaeological site where the archaeological field survey will not continue, unless there is another decision taken pursuant to this law; ".

2. in the Al. 2, after the words "terennata records" a comma and add "including the field conservation".

§ 88. Art is created. 158:

"Art. 158. (1) for the acceptance of completed field archaeological research or through their stage, including in case of necessity of suspending the expedition on the whole terrain, designated with the authorization under art. 148, or part thereof, the Minister of culture or an official authorised by him shall appoint a Committee of experts.

(2) the Commission referred to in paragraph 1. 1 shall be appointed at the request of the head of the study or the Director of the Museum.

(3) the head of the study submitted to the Commission under para. 1 report on the scientific evaluation of the archaeological structures. On the basis of the report and the Commission's view in al. 1 protocol that provides follow-up and interim measures of protection.

(4) depending on the degree of proučenost of the archaeological site, the Commission may propose a protocol preparation of preliminary assessment under art. 57, al. 3 or final evaluation under art. 61, para. 1. (5) in the field of rescue archaeological research Commission on the basis of the report of the scientific assessment of the head of the survey shall draw up a preliminary assessment of the real archaeological structures. When the generated score is determined that archaeological structures:

1. have the signs of a real cultural values – with the Protocol under paragraph 1. 3 the Commission proposes to conduct the procedure declaration;

2. do not have signs of a real cultural values – with the Protocol under paragraph 1. 3 the Commission shall submit to the Minister of culture to issue an order for the revocation of the status of the object under art. 2 a, para. 1 and releasing the pitch.

(6) the Protocol on al. 3 shall be approved by an order of the Minister of culture or authorized by him from the Deputy Minister. The proposed Protocol actions and temporary measures for the conservation of archaeological value are mandatory for execution.

(7) the conditions for the acceptance of field archaeological research are determined by the Ordinance under art. 147, para. 6. "

§ 89. Article 159 is amended as follows:

"Art. 159. (1) attempted, archaeological sites subject to Declaration by the procedure of art. 58 and status of cultural values pursuant to Chapter five, section III.

(2) the arrangements for the protection of sites under para. 1 shall be proposed by the Interagency Commission, appointed by order of the Minister of culture, and are determined by the order of art. 64. The Commission included representatives of the Ministry of culture, NINKN, NAIM at the Bulgarian Academy of Sciences, the regional Museum, the regional and municipal administrations and all interested government departments. "

§ 90. In art. 160 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "archaeological sites" a comma and add "as well as anthropological remains".

2. in the Al. 2, the words "and shall apply accordingly to art. 72 and 73 "are replaced by" and applied art. 72. "

3. a para. 3:


(3) within 14 days of the notification referred to in art. 72, para. 5 Minister of culture appointed a Committee to propose further action. With the approval of the minutes of the Commission Minister of culture gives a compulsory requirements for the necessary research and conservation of structures and findings. "

§ 91. Art is created. 161:

"Art. 161. (1) the owners and users of land plots, which are archaeological sites, where appropriate, provide access to the competent State authorities and persons authorised to carry out field research to carry out research activities and the conservation of the objects.

(2) in the cases referred to in para. 1 the public authorities or the person authorized to carry out field research, shall notify in writing the owner of the property at least 7 days prior to the commencement of activities. When the owner has no known address or the address is not found, the notification shall be placed in a conspicuous place on the property and in the town hall or City Hall, on whose territory the property is situated.

(3) the owners and users of property compensation is due for the time in which the activities were carried out under para. 1, if you prevent or suspend their activities carried out lawfully in the property. The conditions of access under para. 1 and the amount of compensation shall be determined by written agreement with the owner or user of the property, and is charged to the budget of the field research. "

§ 92. In art. 162 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

' (1) in the cases under art. 160, para. 2, and when attempted, as a result of field archaeological research cultural values Culture Minister and the owner of the land may conclude a contract for establishing property right of use on the ground, where the archaeological cultural values. "

2. a para. 3:

"(3) When the conditions laid down by the procedure of art. 64 protection regimes of real archaeological cultural values do not allow carrying out construction works, agricultural, or other activities related to the impact on the Earth's surface and the ground, apply the provisions of paragraph 6. 1 and 2. "

§ 93. In art. 163 after the word "restoration" is added "and adaptation".

§ 94. In art. 164 following amendments and supplements shall be made: 1. In para. 1, after the word "restoration" is added "as well as the adaptation of real cultural values".

2. in the Al. 2:

a) point 1 shall be amended as follows:

"1. the specialty in the field of conservation and restoration and has three years ' professional experience in the field;"

b) a new paragraph 2:

"2. the specialty" architecture "with specialisation in conservation and restoration in the field of immovable cultural heritage and three years of professional experience in this area or specialty" architecture "and 5 years of professional experience in conservation and restoration in the field of immovable cultural heritage;"

in the past) item 2 becomes item 3 and shall be amended as follows:

"3. the other major with specialization in the field of conservation and restoration or use in the process of conservation and restoration and have at least 5 years working experience in the same field."

§ 95. In art. 165, para. 3 the word "14-day ' is replaced by ' within one month '.

§ 96. In art. 169 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "and restoration" shall be replaced by "the restoration and adaptation".

2. Paragraph 3 shall be amended as follows:

"(3) Projects for the conservation and restoration of the artistic cultural values of real cultural values – landscape and garden art, and the cultural landscape must be prepared by persons registered for the conservation-restoration activity."

3. Paragraph 4 is hereby repealed.

4. a para. 5:

"(5) the construction supervision of the execution of investment projects under par. 1 and 2 shall be carried out with the participation of the persons included in the register under art. 165. "

§ 97. In art. 177 creates al. 4:

"(4) Movable cultural property, property of the Bulgarian Orthodox Church and other registered religions, are reproduced in copies, replicas and commercial objects in accordance with the tenets of the religion."

§ 98. Article 179 shall be replaced by the following:

"Art. 179. (1) the creation, distribution and use of images of cultural values for personal needs with a representative, educational and scientific purposes is free.

(2) the creation, dissemination and use of the image of cultural value or of elements thereof in photographic, computer, video and other image for commercial purposes, including the use of the image or parts of it in the production of goods, labels and design solutions for advertising, or are performed under conditions and by an order determined by the Ordinance under art. 178 on the basis of a contract concluded with the owner of the cultural value and for Museum cultural values – the Director of the Museum. "

§ 99. In art. 181 the following endorsements are added:

1. In paragraph 8. 1 finally added "and the logo of the UNESCO, and the date of registration of the cultural value".

2. a para. 5:

"(5) the installation of signs or identification within protection zones of cultural values shall be carried out after consultation by the procedure of art. 84. "§ 100. In art. 182 make the following amendments and additions:

1. Paragraph 3 is replaced by the following: "(3) in cases where production is related to transportation, must be taken with a view to the insurance or the provision of a State guarantee, special packaging and security of movable cultural property."

2. a para. 4:


"(4) the State guarantee for temporary exhibitions, presenting movable cultural property in the country and abroad, shall be granted by decision of the Council of Ministers, on a proposal from the Minister of culture on a case by case basis. On the basis of the decision of the Council of Ministers Minister of culture signed a letter of guarantee. "

§ 101. In art. 192 following amendments and supplements shall be made: 1. In para. 1:

and before that, the text) 1 shall be amended as follows: "in the exercise of the control activity of the Inspectorate under art. 15, para. 2 inspectors: ";

b) point 2 is amended as follows:

"2. the compulsory administrative measures for the prevention and cessation of infringements under this law, as well as for the removal of harmful consequences, such as:

and construction) stop, putting into service and use of objects, installations, appliances and equipment;

(b)) stop other activities that endanger or damage the immovable and movable cultural heritage; ".

2. Create a new para. 2 and 3:

"(2) the application of enforcement measures under para. 1, item 2 shall be carried out with the inspectors. Enforcement measures be brought under the administrative code.

(3) Compulsory administrative measures referred to in paragraph 1. 2 subject to provisional enforcement, unless the Court directs otherwise. "

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

§ 102. In art. 195 following amendments and supplements shall be made:

1. In paragraph 8. the words "In arising conflict of interest" are replaced by "in the event of a change of the declared circumstances."

2. Paragraph 4 is replaced by the following:

"(4) the persons referred to in para. 1 are required to declare to the appointing authority or to the employer the existence of private interests on a particular occasion in connection with the implementation of a power or duty. The Declaration shall be lodged before the commencement, or during the performance of a power or a duty on the Department. "

3. Create a new para. 5 and 6:

"(5) a person referred to in paragraph 1. 1 is removed from the performance of the obligation in service when there is a particular interest on a particular occasion.

(6) a person occupying a public position, it can be removed from the execution of an obligation on the Office and by the appointing authority or by the employer, if he believes that there is a particular interest on a particular occasion. The presence or absence of conflict of interest is assessed on a case by case basis. "

4. the Previous para. 5, 6 and 7 shall become al. 7, 8 and 9.

§ 103. In art. 197 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) Which does not fulfil the obligation under art. 71, para. 1, 2, 4, 5 and 6, shall be punished with fine in extend from 500 to 1000 EUR, and the sole proprietor and the legal person shall receive financial penalties representing in size from 1000 to 1500 euro. "

2. The current paragraph. 2 it al. 3 and in her words "para. 1, item 4 and 6 and ' shall be deleted, and after the words "para. 2 "insert" 3 and 4 ".

3. The current paragraph. 3 it al. 4 and, after the words "para. 1 "a comma and add" 2 and 3 ".

§ 104. In art. 199 words "art. 72, para. 4 or 5 "are replaced by" article. 72, para. 3. "

§ 105. In art. 200 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) Which does not comply with guidelines referred to in art. 83 (a), para. 6, is punishable by a fine of 500 to 1500 EUR, and the sole proprietor and legal person having penalty payment in the amount of 2000 to 6000 EUR, unless the Act constitutes a crime. "

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

§ 106. Create art. and (b) 200 200 200, and in:

"Art. 200. That destroy or damage the cultural value, unless the Act constitutes a crime, shall be punished with fine in extend from 2000 to 6000 EUR, and the sole proprietor or a legal person having penalty payment in the amount of 5000 to 15 000 LV.

Art. 200 b. official who authorize or allow destruction or deterioration of cultural value, unless the Act constitutes a crime, shall be punished with fine in extend from 800 to 2000 BGN.

Art. 200. (1) That destroy or damage archaeological sites within the meaning of art. 146, para. 1, unless the Act constitutes a crime, shall be punished with fine in extend from 3000 to 10 000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 5000 to 20 000.

(2) where the infringement under para. 1 special technical means are used or earthmoving equipment, penalty of 7000 to 15 000 BGN, and the proprietary sanction – ranging from 7000 to 20 000. In these cases, the special technical means or earthmoving equipment are withdrawn in favour of the State. "

§ 107. Art is created. 218:

"Art. 218. (1) carrying out field studies of archaeological values without authorization under art. 148, if the Act does not constitute an offence, is punishable by a fine in the amount of 5000 to 15 000 BGN, and of a legal person or sole proprietor having the penalty payment in amount of 12 000 to 25 000.

(2) where the infringement under para. 1 I have used special technical equipment, earthmoving equipment or means of transport, the penalty is an amount of 5000 to 15 000 BGN, and the proprietary sanction from 30 000 to 15 000 LV. In these cases, special technical equipment and machinery shall be withdrawn in favour of the State.

(3) in the case of recurrence in the Al. 1 penalty of 12 000 to 25 000 BGN, and the proprietary sanction from 30 000 to 15 000 LV.

(4) in case of repeated infringements on al. 2 fine is in the amount of 15 000 to 35 000 BGN, and the proprietary sanction from 50 000 to 25 000.

§ 108. In art. 219 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the special technical means – the subject of the infringement in the Al. 1 are withdrawn in favour of the State. "


§ 109. In art. After the words ' article 221. 160 "added al. 1 and 2 "and a comma.

§ 110. Art is created. 221 and:

"Art. 221. (1) the investment projects in the territories under art. 161, para. 1, the first sentence without committing to a preliminary archaeological survey, is punishable by a fine in the amount from 1000 to 3000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 5000 to 15 000 LV.

(2) carrying out construction work on the archaeological sites discovered during archaeological investigations, without carrying out of field archaeological research under art. 161, para. 1, second sentence, shall be punished with fine in extend from 12 000 to 25 000 EUR, of a sole proprietor or a legal person having penalty payment in the amount of 20 000 to 40 000.

(3) who performs construction activity without the supervision of archaeologists under art. 161, para. 2, is punishable by a fine in the amount of 5000 to 15 000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 10 000 to 25 000.

§ 111. In art. 223 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) where the Act referred to in paragraph 1. 1 has resulted in damage to cultural values, the fine is from 10 000 to 50 000.

§ 112. Art is created. 226:

"Art. 226. That commercially created and distributes used images of cultural value or of elements thereof in photographic, computer, video and other images or image used as a trade mark within the meaning of art. 9, para. 1 of the law on marks and geographical indications in the production of goods, labels and design solutions or advertising without a contract with the owner of cultural value or of the Director of the Museum, is punishable by a fine of 5000 to 15 000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 20 000 to 50 000.

§ 113. Create art. 228, 228 and 228 b in:

"Art. 228. (1) Which operates as a Museum without authorization under art. 30, para. 1, is punishable by a fine of 1000 to 3000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 3000 to 5000 EUR

(2) when the offence under para. 1 has been committed, the fine is from 1000 to 1500 EUR, and the proprietary sanction – from 1500 to 2000 BGN.

Art. 228 b. Which does not fulfil the applied coercive administrative measure under art. 192, para. 1, item 2, shall be punished with fine from 2000 to 5000 EUR – for a natural person, and of a sole proprietor or a legal person having penalty payment in the amount of 5000 to 10 000 LEVs.

Art. 228. in other violations of this law and its implementing acts, unless the do not constitute an offence, a fine of 200 to 2,000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 300 to 5000 LEVs. "

§ 114. In art. 229, para. 2, the words "and article. 197, para. 2 ' shall be deleted.

§ 115. In § 4 of the supplementary provisions the following amendments and additions:

1. point 2 shall be replaced by the following: "2." Special technical means are geophysical instrumentation and other technical means used in field archaeological studies for detection of real and movable archaeological cultural values on land and underwater. "

2. Create t. 15, 16, 17, 18 and 19:

"15." reconstruction using authentic data "is a complementary activity or reproduction of partially preserved, threatened by self-demolition due to other circumstances, dismantled or immovable cultural values based on sufficient graphics, textual and photographic documentation.

16. "Finished stage of fieldwork" is exhausted stratigraphic layers, part of it or any part of the site with the permission of the archaeological research territory.

17. "a sign identifying the object as a real cultural value" are primary data for evidence of cultural and scientific value and public importance.

18. "works of art" within the meaning of art. 7 are movable with aesthetic qualities, created through the skill and imagination of their authors and may be shared. To be considered a work of art and decorative items, wall paintings and other pieces of buildings with significant aesthetic qualities, created with the means of art.

19. "Adaptation" is the protection of immovable cultural property by providing their contemporary use, comply with the conservation and that restoration methodology. "

§ 116. In the transitional and final provisions are made the following amendments and additions:

1. In paragraph 10:

(a)) in the Al. 1, after the word "status" there shall be added "and the category";

b) paragraph 2 is repealed.

2. § 12 para. 1 the words "and reserves ' shall be deleted.

3. In paragraph 14, the word "two" is replaced by "5-year" after the words "Minister of culture" there shall be added "and/or the mayors of the municipalities exercising their right to drive or use" and the word "draw" is replaced by "draw".

§ 117. It creates an annex to art. 50, para. 3:

"Annex to art. 50, para. 3

List

Archaeological preserves



№





Name, location









1.





Antique and medieval structures of momina krepost, Tsarevets and Trapezitsa, Veliko Tarnovo municipality, Veliko Tarnovo province









2.





Ancient city of Nessebar, Nessebar municipality, Burgas province









3.





Early medieval city of Pliska,

municipality Kaspichan, Shumen province









4.





Early medieval town of Preslav,

the municipality of Preslav, Shumen province










5.





Prehistoric, ancient and medieval structures to madara, Shumen and Kaspichan municipality, Shumen province









6.





Ancient town-Hisar

the municipality of Hisar, Plovdiv province









7.





Rock churches – Ivanovo village,

municipality of Ivanovo









8.





Medieval town – red, municipality of Ivanovo









9.





Cave Orlova Chuka ", municipality of DVE mogili, Rousse district









10.





Medieval fortress and Varosha district, municipality of Lovech, Lovech region









11.





Antičen city of Marcianopolis, devnya municipality, Varna province









12.





Antičen town of Nicopolis ad istrum, Veliko Tarnovo municipality, Veliko Tarnovo province









13.





Thracian and ancient city Kabile,

the municipality of Yambol, Yambol province









14.





The ancient village "Durostorum – Drustar"

Silistra municipality, Silistra province









15.





Ancient city of Odessos-Varna,

the municipality of Varna, Varna province









16.





Ancient Serdica-Sredets and media,

Sofia Municipality, district Sofia-city









17.





Antičen and srednovekoven town Pautalia – Velbazhd,

kyustendil municipality, kyustendil province 18.





Antique and medieval town "August-Vereya"

municipality of Stara Zagora, Stara Zagora region 19.





Ancient fortress "of Augusta" Kozloduy municipality, vratsa province









20.





Antique and medieval town Deultum-Debelt "

sredets municipality, Burgas province









21.





Prehistoric, ancient and medieval structures in Sboryanovo and near the village of Sveshtari,

isperih municipality, razgrad province









22.





Prehistoric, ancient and medieval structures in Yailata,

the municipality of kavarna, Dobrich province









23.





Islands ' St. Ivan "and" St. Peter "

Sozopol municipality, Burgas province









24.





The ancient city of Ulpia Oescus – "gulyantsi municipality, Pleven province









25.





Ancient and medieval fortress "Kaliakra",

the municipality of kavarna, Dobrich province









26.





The antique town of Abritus, razgrad municipality, razgrad province









27.





Ancient town of novae,

Svishtov Municipality, Veliko Tarnovo province









28.





Antičen town of nikopolis ad Nestum,

Garmen municipality, Blagoevgrad province









29.





The ancient city of Apollonia,

Sozopol municipality, Burgas province









30.





Ancient city of Philippopolis and Plovdiv,

municipality of Plovdiv, Plovdiv province









31.





Antique, medieval and Renaissance town of Melnik,

Sandanski municipality, Blagoevgrad province









32.





 Early medieval village Kabiyuk – Shumen municipality Hitrino municipality, Shumen province









33.





Complex of Thracian tombs, municipality of Kazanlak, Stara Zagora province











 

“

Transitional and final provisions

§ 118. (1) persons who, at the entry into force of this law do not comply with the requirements of art. 164, para. 2, but they have at least 10 years of professional experience in the field of conservation and restoration of cultural property shall be entered in the register under art. 165 under this law.

(2) when filing a request for registration of persons apply documents concerning the circumstances under para. 1, determined by the Ordinance under art. 165, para. 1. (3) professional experience within the meaning of art. 164, para. 2 is considered and the internship, gained as a teacher, designer, expert or Inspector in the field of protection of cultural heritage in higher education in the State cultural or scientific Institute or administration, specialised in this area.

§ 119. (1) Registered in the Ministry of culture until the entry into force of this law the museum collections of cultural values receive the status of collections with the public importance of legal persons. Neinventiranite property of the group are subject to identification pursuant to art. 97. (2) Movable cultural property brought in funds of museums until the entry into force of this law shall be subject to the return only upon proof of ownership by those who claim to be their owners, with a court decision which has entered into force.


§ 120. (1) within two years of the entry into force of this law, the municipalities provide the National Institute of immovable cultural heritage current addresses and identifiers under the law on cadastre and land registry of incumbent announced and declared monuments of culture, situated in the territory of the municipality.

(2) within two years of the entry into force of this law, the National Institute for the immovable cultural heritage provides the registry agency list of incumbent declared and declared monuments.

(3) the registry Agency notes the status of cultural value in the lots of sites within two months of the submission of the list under para. 2.

§ 121. The votes until the entry into force of this law requests from departments and municipalities to grant the right of management of real cultural values – public State property, in accordance with the law on State property are dealt with in the previous row.

§ 122. (1) the acts for the notification of reservations under art. 50, para. 3 as a historical, archaeological, historical and archaeological and Museum reserves, which provide location, territories, borders, security zones, and to protect, retain their action to the adoption of new instruments.

(2) For the archaeological reserves from 27-31 of the application under art. 50, para. 3 integrated assessment is carried out and reviewed the arrangements for conservation within two years of the entry into force of this law.

§ 123. In the law for the protection and development of culture (official SG. 50 of 1999; amend., no. 1 of 2001 Corr;., no. 34 of 2001; amend. 75/2002, no. 55 in 2004, no. 28, 74, 93, 99 and 103 of 2005, no. 21, 41 and 106 from 2006, 84/2007. , PC. 19, 42 and 74 from 2009, PCs. 13, 50 and 97 from 2010 and PC. 25 of 2011.) in art. 2 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

(2) national strategy under para. 1 includes strategic objectives for management and conservation of cultural heritage within the meaning of art. 12, al. 2 of the law on cultural heritage. "

§ 124. 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 and PC. 19 and 35 from 2011) make the following changes and additions:

1. In art. 137, para. 1, item 1, letter "m" a comma and add "as well as buildings in the borders and protection zones of archaeological reserves outside of urbanized territories".

2. In art. 147 al. 3 shall be amended as follows:

"(3) For real cultural values in their borders and security zones works under para. 1 be permitted after consultation by the procedure of art. 84, para. 1 of the law on cultural heritage. "

3. In art. 151:

(a)) in the Al. 1 create item 9 and 10:

"9. the field conservation of immovable cultural property;

10. conservation and restoration of facades and the artistic elements and murals in the Interior of the architectural-construction and artistic cultural values and conservation of archaeological real cultural values. "

(b)) paragraph 2 shall be replaced by the following: "(2) For real cultural values in their borders and security zones activities under para. 1 be implemented after consultation in accordance with the law on cultural heritage, with the exception of terennata conservation. "

4. In art. 166 creating al. 8:

"(8) For objects — real cultural values, consulting activity is carried out with the participation of the persons included in the register under art. 165 of the law on cultural heritage. "

5. In art. 196 Al is created. 8:

"(8) For real cultural values the establishment of their condition and subsequent measures and procedures are carried out in accordance with the law of cultural heritage."

6. an art. 232:

"Art. 232. (1) an official who agree, approve or issue construction bonds or other instruments referred to in this law, in the areas of cultural and historical protection without prior coordination by the procedure of art. 84, para. 1 and 2 of the law on cultural heritage, shall be punished with fine in extend from 800 to 1500 EUR, unless another law is not provided for more severe punishment.

(2) where, as a result of the offence under para. 1 is destroyed or damaged immovable cultural values, the penalty is an amount of 1000 to 3000 EUR, unless another law is not provided for more severe punishment. "

7. In paragraph 5 of the additional provisions that 38 shall be amended as follows:

"38." structures "are above ground, underground garage, underground and underwater structures, buildings, extensions, upgrades, fortification, restoration work, conservation, restoration and adaptation of the real cultural values, fences, networks and facilities of technical infrastructure, public utilities and sports facilities, as well as their major repairs, reconstructions and refurbishments with and without change of status."

§ 125. In the law on marks and geographical indications (promulgated, SG. 81 of 1999; Corr. 82/1999; amend., SG. 28, 43, 94 and 105 by 2005, issue 30, 73 and 96 06, 59/2007 36/2008 and 12/32 from 2009 and no. 19 and 80 of 2010) in art. 11, para. 1 p 11 "shall be replaced by the following: 11. mark which consists of or includes the name or image of cultural value or parts of cultural values, defined in accordance with the law of cultural heritage. "

The law was adopted by 41-Otto National Assembly on July 1, 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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