Name of law Law amending and supplementing the law on railways of the Name Bill a bill amending and supplementing the law on railways acceptance date 08/06/2011 number/year 2011 Official Gazette Decree No 47/145

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 rail transport, adopted by the National Assembly of the HLI 8 June 2011

Issued in Sofia on June 20, 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 railways (official SG. 97 2000; amend., 47/96 and 2002/70 and 115 of 2004 No. 77 and 88 of 2005, issue 36, 37, 62, 92 and 108 of 2006, issue 22, 35, 74 and 81 of 2009 and 87/2010)

§ 1. In art. 5 is hereby amended as follows:

1. In paragraph 1 the word "program" is replaced by "10 year program of art. 27. "

2. In paragraph 2, the words "trans-European rail system" shall be replaced by ' the railway system within the European Union ".

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

1. In paragraph 8. 2 the words "perform the duties of" shall be replaced by "is".

2. a para. 4:

(4) "Executive Agency" Railway Administration "is a body for monitoring the implementation of Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers (OJ L 315/14 of 3 December 2007), hereinafter referred to as" Commission Regulation (EC) no 1371/2007. "

§ 3. In art. 7, para. 1 item 3 shall be replaced by the following:

3. is the administrator of fees for the issuance of licences, certificates, licences, certificates and permits under this Act, as well as the fees for the issuance of qualifications and for the recognition of competence in an amount to be determined by the Council of Ministers, on a proposal from the Minister of transport, information technology and communications; ".

§ 4. In art. 8, al. 2 paragraph 1 shall be replaced by the following: ' 1. fees for the issue of licences, certificates, licences, certificates and permits under this Act, and for the issuance of qualifications and for the recognition of competence; ".

§ 5. In art. 9, para. 4, the words "managed and" are deleted.

§ 6. In art. 10, para. 1 make the following amendments and additions:

1. In the text before item 1 the words "main scope" are replaced by "Object".

2. point 3 shall be replaced by the following:

"3. the establishment and collection of infrastructure charges of the licensed rail carriers in accordance with the methodology adopted by the Council of Ministers, on a proposal from the Minister of transport, information technology and communications;".

3. Create is item 9 and 10:

"9. the distribution of traction electric energy distribution networks of rail transport;

10. the provision of other services. "

§ 7. In art. 23, para. 1 the words "the applicable fees" shall be replaced by ' the relevant infrastructure fees and prices for the services price list.

§ 8. In art. 25, para. 1 the word "long" is replaced by "5-year".

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

1. In paragraph 8. 1:

and in the text) before item 1 the words "current maintenance" shall be replaced by "maintenance";

(b)) that are created (6) and (7):

"6. the funds in the programs of the European Union;

7. income from services on the price list.

2. in the Al. 2:

(a)) in the text before paragraph 1, after the words "under para. 1 "a comma and add" item 1, 3, 5-7;

b) in paragraph 1 the word "maintenance" shall be deleted.

§ 10. In art. 27 the word "long" is replaced by "10 years".

§ 11. In art. 28, para. 3 the words "long-term contract" shall be replaced by the words "the Treaty" and the words "no later than the end of October of the previous year" are replaced by "following the adoption of the law on the State budget of the Republic of Bulgaria for the year".

§ 12. In art. 29, para. 4, item 7 finally adds "the managers of the railway infrastructure and safety certification of railway undertakings.

§ 13. Article 30 (a) shall be replaced by the following:

"Art. 30. (1) the Manager of the rail infrastructure performs the distribution of traction electric energy distribution networks of rail transport.

(2) the relationship between the Manager of the rail infrastructure and carriers in connection with the distribution of traction electric energy distribution networks of rail transport are governed by written contracts. "

§ 14. In art. 31 the following modifications are made:

1. In paragraph 8. 1 the word "certificate" shall be replaced by "certificate".

2. in the Al. 2 the word "certificate" shall be replaced by "certificate".

§ 15. In art. 33, para. 1 finally added "after the presentation of a licence and safety certificate".

§ 16. In art. 34, para. 1, after the words "railway transport" a comma and add "in withdrawal or after expiration of the safety certificate of the carrier".

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

1. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) the amounts of the fees shall be determined by the Manager of the rail infrastructure in accordance with methodology for the calculation of infrastructure charges collected by the infrastructure manager, adopted by the Council of Ministers, on a proposal from the Minister of transport, information technology and communications.

(3) the Manager of the rail infrastructure infrastructure charges published in the annual report on the actual state of the network. "

2. Al are created. 4 and 5:


"(4) the proceeds of infrastructure charges is spent entirely on the maintenance of the railway infrastructure, as shall cover the cost of the infrastructure manager, carried out for the implementation of the transport by rail carriers.

(5) the carriers pay to the Manager of the rail infrastructure cost for distribution of traction electric energy distribution networks of rail transport, approved by the State energy and water Regulatory Commission. "

§ 18. In art. 36 after the words ' with the "blocking add" road ".

§ 19. In art. 37, para. 7, after the words "under para. 1 "a comma and add" for a review of the licence every five years by the issue, and in the case of conversion of the rail carrier or a change in its owner.

§ 20. In art. 38 the following modifications are made:

1. In paragraph 8. 2, paragraph 1, the word "basic" is deleted.

2. Paragraphs 3 and 4 shall be repealed.

§ 21. In chapter three the title of section II shall be amended as follows: section II maintenance of vehicles ".

§ 22. Article 45 shall be replaced by the following:

"Art. 45. (1) for each vehicle before its introduction into service shall be determined person who is responsible for maintaining it.

(2) the railways, railway infrastructure managers or users vehicles may perform the functions of a person referred to in paragraph 1. 1. (3) the person referred to in paragraph 1. 1 shall be entered in the register of vehicles.

(4) the person referred to in paragraph 1. 1 provides a support system through the safe operating condition of the vehicles, by ensuring that vehicles are maintained in accordance with:

1. instructions and other technical documents regarding the maintenance of the vehicle concerned;

2. the provisions in force, including the rules for maintenance, and the requirements of the technical specifications for interoperability.

(5) the person referred to in paragraph 1. 1 carry out the maintenance of the vehicles alone or entrusts performance of a part of the functions of maintenance of another artist.

(6) Notwithstanding the responsibility of the person referred to in para. 1 carrier rail and rail infrastructure manager shall be responsible for the safe operation of vehicles used by established safety management system. "

§ 23. Article 46 shall be amended as follows:

"Art. 46. (1) the person referred to in art. 45, para. 1 performed maintenance on vehicles after obtaining a certificate for the maintenance of vehicles.

(2) the certificate referred to in paragraph 1. 1 shall be issued by the Executive Director of the Executive Agency "Railway Administration".

(3) the certificate referred to in paragraph 1. 1 is personal and is not subject to divestment.

(4) upon submission of the documents for the certification fee is charged in an amount to be determined by the Council of Ministers, on a proposal from the Minister of transport, information technology and communications. "

§ 24. Art is created. 46A:

"Art. 46. (1) the person asking for the receipt of the certificate referred to in art. 46, para. 1 submit a written application to the Executive Agency "Railway Administration", to which apply the documents specified by the Ordinance under art. 29, para. 3, item 1.

(2) the person referred to in paragraph 1. 1 must meet the following requirements:

1. be a trader;

2. to have a secure base material necessary for carrying out the work of maintaining the vehicles.

(3) where the person referred to in paragraph 1. 1 assign the execution of part of the functions of maintenance of another artist, for it applied the requirement of para. 2, item 2.

(4) the Executive Agency "Railway Administration" shall examine the application and the attached documents and checks to establish compliance with the requirements for issue of the certificate of maintenance of vehicles.

(5) where a person referred to in para. 1 is a rail carrier or rail infrastructure manager, check under para. 4 shall be carried out simultaneously with the procedure for the issuance or review of the safety certificate of the rail carrier or safety certificate to the Manager of the rail infrastructure. Compliance with the requirements for the person responsible for the maintenance of vehicles, shall be recorded in the safety certificate of the rail carrier or in the safety of the Manager of the rail infrastructure.

(6) the Executive Director of the Executive Agency "Railway Administration" or an official authorised by him on his own initiative or at the signal carried out checks on the person who has obtained a certificate for the maintenance of vehicles.

(7) where it is established that the person who has obtained a certificate for the maintenance of vehicles, does not meet the requirements for its issue, the Executive Director of the Executive Agency "Railway Administration" gives written instructions and shall set a deadline for elimination of deficiencies. "

§ 25. Art is created. 46 (b):

"Art. 46 (b). the certificate of maintenance of vehicles shall be withdrawn and the rights arising from it shall be terminated:

1. by decision of the Executive Director of the Executive Agency "Railway Administration", where:

a) are found violating the provisions of the Act and regulations, related to the safe operating condition of vehicles, or the certificate has been issued on the basis of falsified documents or false documents;

(b)) the person no longer fulfils the conditions under art. 46A, al. 2 and 3;

c) in the cases under art. 46A, al. 7 the irregularity is not remedied within a time limit;

2. at the request of the holder of the certificate;


3. with the termination of the certificate holder's activities. "

§ 26. Article 47 shall be amended as follows:

"Art. 47. refusal to issue the certificate and revocation are subject to appeal under the administrative code.

§ 27. In art. 50, para. 1 is hereby amended as follows:

1. In paragraph 2, the word ' certified ' shall be replaced by "document".

2. point 3 shall be replaced by the following:

"3. the permission for the introduction of the locomotive into service;".

§ 28. In art. 57 after the word "transport", and the text is placed to the end point is deleted.

§ 29. In art. 62 the following modifications are made:

1. In paragraph 8. 3 the word "security" is replaced with "safety".

2. in the Al. 5 the word "security" is replaced with "safety".

3. in the Al. 6 the word "security" is replaced with "safety".

4. in the Al. 8 the word "security" is replaced with "safety".

5. in the Al. 9 the word "security" is replaced with "safety".

§ 30. In art. 69, after the words "in respect of the carriage of" insert "road".

§ 31. In art. 75, paragraph 3, after the word "infrastructure" a comma and add "as well as the Manager of the rail infrastructure, in which carriage is carried out".

§ 32. In art. 84, para. 1.12 the words ' railway vehicle ' shall be replaced by "vehicle".

§ 33. In art. 115 and following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the subsystems of the rail system are structural and functional and are determined by the Ordinance under art. 5, item 2. "

2. in the Al. 4, item 1 the words "trans-European rail system" shall be replaced by ' the railway system within the European Union ".

3. Paragraph 5 shall be amended as follows:

"(5) the activities of the evaluation and verification of conformity of interoperability constituents and the subsystems or part of subsystems the essential requirements for interoperability are carried out by persons for evaluation that are permitted under art. 115 b, para. 1. "

4. a new para. 6:

(6) the activities of the evaluation and verification of conformity of the subsystem or part of subsystem with the requirements of national safety rules or technical rules shall be carried out by persons for evaluation that are permitted under art. 115 b, para. 2. "

5. The current paragraph. 6 it al. 7 and in her words "rolling stock" shall be replaced by "vehicles" and the words "trans-European rail system" shall be replaced by ' the railway system within the European Union ".

§ 34. In art. 115 (b) make the following amendments and additions:

1. In paragraph 8. 1 the word "compliance" is replaced by "and the verification of conformity with the essential requirements for interoperability", and the words "test of ' shall be deleted.

2. a new paragraph. 2:

"(2) the authorisation for carrying out the conformity assessment activities of the subsystem or part of subsystem with the requirements of national safety rules or with the technical rules in use for implementing the essential requirements set out in the list for each of the subsystems shall be issued by the Minister of transport, information technology and communications, or by an official authorized by him, shall specify the activities and subsystems for the assessment of that issue. "

3. The current paragraph. 2 it al. 3 and in it:

(a)) in the text before paragraph 1, after the words "under para. 1 "insert" and 2 ";

b) in item 4, letter "a" after the words "interoperability" is a comma and add "according to the national safety rules and/or technical rules.

4. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) the person referred to in paragraph 1. 1 and 2 validates the requirements under paragraph 1. 3, item 3, item 4 (b) and item 5 through accreditation document, issued by the Executive Agency "Bulgarian accreditation service" or by a foreign authority for accreditation, which is a party to the agreement on mutual recognition in the organisation, which is a member of the Executive Agency "Bulgarian accreditation service."

5. The current paragraph. 4 it al. 5.6. The current al. 5 it al. 6 and after the words "under para. 1 "insert" and 2 ".

7. The current paragraph. 6 it al. 7.8. The current al. 7 it al. 8 and in it:

(a)) in the text before paragraph 1, after the word "Authorization" is added "under para. 1 and 2 ";

b) in item 1 (a), the words "under para. 2 "are replaced by" under para. 3. "

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

§ 35. In art. 115 is the following amendments and supplements shall be made:

1. In paragraph 8. 1 the word "evidence" is replaced by "certificate", and after the words "carriers" and added "safety certificate".

2. in the Al. 2, after the word "issue" is added "certificate and" and the words "safety certificates" are replaced by "putting into operation".

3. in the Al. 3 the word "Certificate" shall be replaced by "the certificate and the certificate", the word "released" is replaced by "issue" and after the words "for a period" add "from".

4. in the Al. 4, after the words "the validity of the" insert "and" certificate.

5. in the Al. 5, the words "new safety certificate" shall be replaced by "new rail safety certificate or a new carrier safety certificate of the administrator of railway infrastructure", and the word "evidence" is replaced by "certificates".

6. in the Al. 6, after the words "issue of" add "new safety certificate or" and the word "current" is replaced by "and" certificate issued.

§ 36. In art. 115 (g) is hereby amended as follows:

1. In paragraph 8. 1 the words "certified" and "certificate" shall be replaced by "certificate".

2. in the Al. 2 the word "Certificate" shall be replaced by "the certificate or the certificate".

§ 37. In art. 115 k, al. 1, item 3, after the word "messages", and the text is placed to the end point is deleted.

§ 38. In art. 117, para. 2 make the following amendments and additions:


1. In paragraph 1, after the words "railway carriers" a comma and the words "and licensed individuals who issue safety certificates ' shall be replaced by" persons received a certificate in art. 46, para. 1, and persons authorised under art. 115.

2. In paragraph 2, the words "and the safety certificates ' shall be deleted.

3. In paragraph 5, the words "rolling stock" shall be replaced by "vehicles".

4. a new item 11:

11. to verify compliance with the provisions of Regulation (EC) no 1371/2007; '.

5. The former item 11, 12 and 13 shall become item 12, 13 and 14.

§ 39. Art is created. 118 (b):

"Art. 118 (b). The right to draw up acts for a finding of violation under art. 129 – 132 have officials appointed by the Minister of the Interior. "

§ 40. In art. 121, para. 1 item 4 shall be amended as follows:

"4. an official who is guilty assuming impact with the vehicle on a level crossing or derailment of railway vehicle;".

§ 41. In art. 122, para. 1, item 2, the words "railway vehicle" shall be replaced by "vehicle".

§ 42. In art. 126, para. 1 is hereby amended as follows:

1. In paragraph 1 the word "vehicle" is replaced with "vehicle".

2. In paragraph 8, the words ' railway vehicle ' shall be replaced by "vehicle".

§ 43. In art. 128 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) The carrier who has ordered or carried out transportation of passengers and/or goods without a licence and/or a safety certificate, or divest its capacity provided another carrier, a penalty payment in the amount of 50 000 to 100 000 LEVs. "

2. a new paragraph. 2: "(2) The Manager of the rail infrastructure, which provide access to the railway infrastructure of the rail carrier does not hold a licence and/or certificate of safety rail carrier, the penalty payment in the amount of 50 000 to 100 000 LEVs."

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

§ 44. In art. 133, para. 2, after the words "under art. 115 b, para. 1 "insert" and 2 ".

§ 45. In art. 136, para. 2 item 3 shall be replaced by the following:

' 3. the application of infrastructure charges; ".

§ 46. Create art. 139-143:

"Art. 139. The rail carrier who violates the provisions of Regulation (EC) no 1371/2007, financial penalties shall be imposed as follows:

1. for failure to appropriately on information about termination of the services provided by the public service contract for carriage, before the implementation of the decision to suspend, in accordance with article 7 of Regulation (EC) no 1371/2007 – at a rate of 1000 to 10 000 BGN.;

2. for the provision of incomplete information or for refusing to provide the passenger information it requested for travel, which offers a contract of carriage, as well as information on the journey, set out in annex II, parts I and II of Regulation (EC) no 1371/2007, in accordance with article 8, paragraphs 1 and 2 of the same regulation – in size from 2000 to 5000 BGN;

3. to provide the wrong way of a passenger with hearing and/or Visual impairment requested from him information about travel, which offers a contract of carriage, as well as information on the journey, set out in annex II, parts I and II of Regulation (EC) no 1371/2007, in accordance with article 8, paragraph 3 of the same regulation – in the amount of 3000 to 6000 EUR;

4. for failure to provide passenger information to purchase tickets where the station has no ticket service counter, in accordance with article 9(5) of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

5. for non-repayment of an advance payment of compensation in accordance with art. 13 of Council Regulation (EC) no 1371/2007, within 15 days after establishing the identity of the passenger, suffered physical and/or mental impairment caused by an accident while traveling with the railway vehicle or during embarkation or disembarkation – at a rate of 10 000 to 20 000 BGN.;

6. for non-repayment of an advance payment of compensation in accordance with art. 13 of Council Regulation (EC) no 1371/2007, within 15 days after establishing the identity of the natural person entitled to compensation in case of death of the passenger, occurred following an accident during travel by railway vehicle or during embarkation or disembarkation – at the rate 40 000 BGN.;

7. refusing to refund the full cost of the ticket or the continuation or re-routing under comparable transport conditions to its final destination as referred to in art. 16 of Regulation (EC) no 1371/2007 – at a rate of 1000 to 3000 EUR;

8. for non-payment of compensation for delay in the terms of article 17 of Regulation (EC) no 1371/2007, for which the ticket is not refunded in accordance with article 16 of the same regulation – in size from 2000 to 5000 BGN;

9. for failure to provide information on the situation, the expected time of departure and/or arrival, in case of delay, in accordance with article 18(1) of Regulation (EC) no 1371/2007 – ranging from 500 to 3000 EUR;

10. for failure to provide passengers services referred to in article 18, paragraph 2, letter "a" – "b" of Regulation (EC) no 1371/2007, in accordance with the requirements of article 18, paragraph 2 of the same regulation, ranging from 5000 to 10 000 BGN.;

11. for failure to provide alternative transport services in the case of article 18, paragraph 3 of Regulation (EC) no 1371/2007 – at a rate of 1000 to 3000 EUR;

12. to refuse to certify the document of carriage, that the train has been delayed, canceled or dropped connection to the next carriage in accordance with article 18, paragraph 4 of Regulation (EC) no 1371/2007 – at a rate of 1000 to 2000 BGN;

13. for a violation of article 19 (1) of Regulation (EC) no 1371/2007, and establishing and maintaining the non-discriminatory rules for access to rail freight service to persons with disabilities and persons with reduced mobility – ranging from 5000 to 8000 LV.;


14. for infringement of article 20(1) of Regulation (EC) no 1371/2007 and refuse to provide a person with reduced mobility requested by him information on the accessibility of rail freight service and the conditions of access to vehicles, as well as to the various facilities on the train – at a rate of 1000 to 2000 BGN;

15. for breach of article 21(1) of Regulation (EC) no 1371/2007 and non-compliance with the technical specifications for interoperability relating to persons with disabilities and persons with reduced mobility, and failure to ensure access to vehicles and other facilities – ranging from 5000 to 10 000 BGN.;

16. for breach of article 21(2) of Regulation (EC) no 1371/2007 and refusal to provide access to persons with disabilities and persons with reduced mobility to rail transport, where the missing train accompanying personnel – in size from 2000 to 5000 BGN;

17. for infringement of article 22 (3) of Regulation (EC) no 1371/2007 and failure to provide easily accessible information, in accordance with the access rules referred to in article 19, paragraph 1 of the same regulation – in size from 2000 to 5000 BGN;

18. to refuse to provide free assistance to disabled persons and persons with reduced mobility on a train, as well as during loading and unloading thereof, referred to in article 23 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

19. for non-cooperation in accordance with article 24 of Regulation (EC) no 1371/2007 on providing free assistance to disabled persons and persons with reduced mobility on a train, as well as during the loading and unloading of it – at a rate of 1000 to 2000 BGN;

20. for not selecting the quality standards and other quality management system in accordance with article 28 of Regulation (EC) no 1371/2007 – ranging from 5000 to 10 000 BGN.;

21. for failure to provide information when selling tickets for journeys by rail on the passengers ' rights and obligations under article 29 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

22. for refusal to transport a passenger and/or baggage or means of transport to the place of destination in the case of a contract of carriage referred to in article 6 of annex I to Regulation (EC) no 1371/2007 – at a rate of 1000 to 2000 BGN;

23. for causing injury to the passenger due to the cancellation of a train delay or loss of connection cannot continue the journey the same day or in view of the purpose of the journey under the circumstances, it is not appropriate to continue the journey the same day as defined in article 32, paragraph 1, of annex I to Regulation (EC) no 1371/2007 – in size from 2000 to 3000 EUR;

24. for not taking the necessary measures to ensure the personal security of passengers on trains and to manage risks referred to in article 26 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

25. the failure of art. 14 of Regulation (EC) no 1371/2007 and for refusing to assist a passenger who was carrying and who has suffered physical damage, at the request of the passenger by third parties for damages suffered from injury – ranging from 1000 to 3000 EUR;

26. for other infringements of Regulation (EC) no 1371/2007 – at a rate of 1000 to 2000 BGN.

Art. 140. The Manager of the rail infrastructure, which violated the provisions of Regulation (EC) no 1371/2007, financial penalties shall be imposed as follows:

1. for failure to provide information on the situation, the expected time of departure and/or arrival, in case of delay, in accordance with article 18(1) of Regulation (EC) no 1371/2007 – ranging from 500 to 3000 EUR;

2. for a violation of article 19 (1) of Regulation (EC) no 1371/2007, and establishing and maintaining the non-discriminatory rules for access to rail freight service to persons with disabilities and persons with reduced mobility – ranging from 5000 to 8000 LV.;

3. for breach of article 21(1) of Regulation (EC) no 1371/2007 and for non-compliance with the technical specifications for interoperability relating to persons with disabilities and persons with reduced mobility, and failure to ensure access to the stations, platforms and other facilities – ranging from 5000 to 10 000 BGN.;

4. for breach of article 21(2) of Regulation (EC) no 1371/2007 and for refusing to provide access to persons with disabilities and persons with reduced mobility to rail transport in cases where there is no accompanying personnel at stations – in size from 2000 to 5000 BGN;

5. for an infringement of article 22 (1) of Regulation (EC) no 1371/2007 and for refusing to provide free assistance to disabled persons and persons with reduced mobility on departure, transit or arrival station with support staff, so that the person can get up or get off the train, which had purchased a ticket – in size from 2000 to 5000 BGN;

6. for non-cooperation, referred to in article 24 of Regulation (EC) no 1371/2007 on the provision of free assistance to disabled persons and persons with reduced mobility at the station, as well as during boarding and alighting from the train – at a rate of 1000 to 2000 BGN;

7. for not taking the necessary measures to ensure the personal security of passengers at stations and to manage the risks referred to in article 26 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

8. for failure to provide information when selling tickets for journeys by rail on the passengers ' rights and obligations under article 29 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

9. infringement of article 22 (3) of the regulation and the failure to provide easily accessible information, in accordance with the access rules referred to in article 19(1) of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

10. for other infringements of Regulation (EC) no 1371/2007 – at a rate of 1000 to 2000 BGN.


Art. 141. (1) a seller of tickets offering a contract of carriage on behalf of the rail carrier that provides incomplete information or refuse to provide a passenger requested from him the information referred to in annex II (I) of Regulation (EC) no 1371/2007 on the journeys for which a transport contract offers, in accordance with article 8, paragraphs 1 and 2 of the same regulation shall be punishable by a fine of 100 to 300 euro.

(2) The tour operator or travel agent who fails to fulfill the obligation referred to in article 8 (1) of Regulation (EC) no 1371/2007, shall receive financial penalties representing in size from 500 to 2000 BGN.

Art. 142. (1) the ticket seller, who does not fulfil the obligation under article 20 (1) of Regulation (EC) no 1371/2007, shall be punished with fine in extend from 500 to 200 EUR

(2) The tour operator or travel agent who fails to comply with its obligation under article 20 (1) of Regulation (EC) no 1371/2007, the penalty payment in the amount of 1000 to 3000 BGN.

Art. 143. The tour operator or travel agent who fails to fulfill the obligation under article 29 of Regulation (EC) no 1371/2007, the penalty payment in the amount of 1000 to 3000 pounds. "

§ 47. In § 1 of the additional provisions are made the following amendments and additions:

1. In paragraph 1, after the words "and the facilities for the production, transformation and transmission of electricity" a comma and add "only" used.

2. point 8 (a) is repealed.

3. point 12 is replaced by the following:

"12." vehicle (rolling stock) is a tool that moves on its own wheels on railway tracks with or without towing. A vehicle is composed of one or more structural and functional subsystems or parts of such subsystems. "

4. Point 27 shall be replaced by the following:

"27." safety certificate of the rail carrier "is a document proving that the rail carrier has built safety management system and can meet requirements laid down in the technical specifications for interoperability (TSIs) and in national safety rules in order to control risks and operate the railway network in a safe way."

5. Section 28 is amended as follows:

"28." certificate for the safety of the railway infrastructure manager "is a document confirming the adoption of the safety management system of the infrastructure manager and the provisions for compliance with the specific requirements necessary for the safe design, maintenance and operation of the railway infrastructure, as well as the maintenance and the management and control of the movement and the alarm system."

6. Section 29 is repealed.

7. Point 31 is replaced by the following:

"31." Accident "is an unwanted or unintended sudden event or a series of such events which have harmful consequences for the railway system. Accidents are: collisions, derailments, accidents at level crossings, accidents involving people, caused by rolling stock in motion, fires and others. "

8. In paragraph 39, the words "judgment of" EC "evaluation-procedure for verification of the subsystems ' shall be replaced by ' assessment of the EC procedure for verification of the subsystems.

9. Create t. 40 and 41:

"40." user "is a natural or legal person who, as the owner or the right to use the vehicle to exploit it as a means of transport and is registered in the register under art. 115 (a), para. 7.

41. "disabled person" or "person with reduced mobility" is a person in accordance with article 3, paragraph 15 of Commission Regulation (EC) no 1371/2007. "

Additional provision

§ 48. This law introduces requirements of Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the community's railways (railway safety directive) (OJ L 345/62 of 23 December 2008).

Final provisions

§ 49. In the law on State property (official SG. 44 of 1996; amend., SG. 104 of 1996, no. 55, 61 and 117 of 1997 No. 93 and 124 of 1998 No. 67 of 1999, no. 9, 12, 26 and 57 in 2000, issue 1 from 2001. Decision No 7 of the Constitutional Court from 2001-38/2001; amend. , PC. 45. Since 2002, PCs. 63. Since 2003, PCs. 24 and 93 in 2004, PCs. 32. Since 2005, PCs. 17, 30, 36 and 64, 105, 2006, issue. 41, 59, 92 and 113 of 2007, PC. 52 and 54 since 2008, PCs. 10, 17, 19, 33 and 41 of the 2009 PCs. 18 and 87 from 2010 and PC. 19 of 2011.) in the transitional and final provisions establishes the § 6 (b):

"§ 6 (b). (1) employees of the national railway infrastructure company, housed in rental housing of "holding company" Bulgarian State Railways EAD, as appropriate and conforming to the requirements of the regulations concerning the procedures for the exercise of the rights in the companies with State participation in the capital (official SG. 51 of 2003; amend., no. 59 of 2003, 79/2005 – decision No 8260 from 2005 of the Supreme Administrative Court , PC. 54, 2006, issue. 15 of 2007, PC. 103 since 2008, PCs. 39 and 93 from 2009, PCs. 22, 29 and 72 from 2010), have the right to purchase them under the same rules.

(2) employees of the holding company "Bulgarian State Railways" EAD-seated in housing rental of "National Company" railway infrastructure "as appropriate and conforming to the requirements of this law, shall have the right to purchase them under the law.

(3) the rights under paragraph 1. 1 and 2 have the former employees, who have at least 10 years of experience in the system of holding company "Bulgarian State Railways" EAD, and – National Company "railway infrastructure" and have changed your employer under the conditions of art. 123, para. 1 of the labor code, or whose employment is terminated by reason of acquiring pension rights. "


§ 50. In the Energy Act (promulgated, SG. 107 since 2003; amend., no. 18 of 2004, no. 18 and 95 by 2005, issue 30, 65 and 74 in 2006, 49, 55 and 59 since 2007, issue 36, 43 and 98 in 2008, issue 35, 41, 42, 82 and 103 of 2009, 54/97 and by 2010 and 35 from 2011) make the following additions :

1. In art. 30, para. 1 11 is created:

"11. the distribution of traction electric energy distribution networks for rail transport."

2. transitional and final provisions § 4 is created:

"§ 4A. Sites and facilities managed by national company "railway infrastructure", representing the elements of a transmission or distribution system, and which must be owned by a licensed energy enterprises, but are owned by a third party, repurchased by transmission or distribution undertaking concerned depending on the affiliation of the object to the networks within 13 December 2012. "

§ 51. The Council of Ministers shall adopt the procedure under art. 35, para. 2 within three months from the promulgation of the law in the Official Gazette.

§ 52. The law shall enter into force on the day of its publication in the Official Gazette with the exception of:

1. Paragraph 17, concerning art. 35, para. 2 and 5 and § 50, concerning art. 30, para. 1, item 11, which shall enter into force three months after the promulgation of the law in the Official Gazette.

2. paragraph 46, concerning art. 139, paragraphs 1-3, 5-12, 15-23, 25 and 26, art. 140, item 1, 3-6, 8-10, art. 141 and 143, which shall enter into force on 4 December 2014.

The law was adopted by 41-Otto National Assembly on June 8, 2011 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

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