Name of law Law amending and supplementing the law on commodity exchanges and market-places of the Name Bill a bill amending and supplementing the law on commodity exchanges and auction date of acceptance 19/05/2011 number/year Official Gazette 42/2011 Decree No 123

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 commodity exchanges and auction markets adopted by the National Assembly of the HLI 19 May 2011.

Issued in Sofia on May 31, 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 commodity exchanges and market-places (official SG. 93 of 1996; amend., SG. 41 and 153 of 1998, no. 18 (1999), no. 20 of 2000, 41/2001, no. 30, 34, 80 and 85, 2006 no. 53 of 2007 No. 42 and 82 from 2009 and no. 18 and 97 from 2010)

§ 1. In art. 2, al. 3 the words "authorisation" shall be replaced by the words "obtained a license".

§ 2. In art. 3 al. 1 shall be amended as follows: (1) Stokovoto market is a place for wholesale available foods and flowers. "

§ 3. In art. 3A al. 1 shall be amended as follows:

"(1) the market the producer's location and infrastructure for wholesale available food and flowers, where the good of farmers can be manipulated, graded, labelled and partidizira for later sale on the domestic market or for export."

§ 4. In chapter one creates art. 3 (b): "art. 3B. It is not permitted the execution of commercial transactions of wholesale with food and flowers available in places other than those referred to in art. 3, al. 1 and art. 3 (a), para. 1, with the exception of trade:

1. in a commercial object, representing the shop or chains of stores for self-catering for wholesale and retail trade of food and non-food items, where trade is carried out in the name and on behalf of a person and the buildings represent a complex object;

2. between manufacturer, including through an intermediary, and the processor or importer and processor. "

§ 5. In art. 8, al. 1, paragraph 2 the word "permission" is replaced by "licenses".

§ 6. In art. 10, para. 1, item 1, after the word "Commission" a comma and add "for members of the stock exchange.

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

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

2. paragraph 2 is replaced by the following:

"(2) in the application for the issuance of a license for carrying out the activity as a stock exchange stating the UIC of the trader. The application shall be accompanied by:

1. data on the structure of capital in accordance with the requirements of art. 24;

2. project of the stock;

3. data on the premises and technical equipment of the stock market;

4. rules of procedure for the stock arbitration. "

3. Create a new para. 3 and 4:

"(3) a licence under subsection. 1 for an indefinite period.

(4) the rights under the licence under subsection. 1 are not transferable and/or disposal except in the case of succession under the commercial law. "

4. The current paragraph. 3 it al. 5, and shall be amended as follows:

"(5) in the application for the registration of stokovoto indicates the new UIC trader. The application shall be accompanied by:

1. draft staff regulations of the Organization, operation and security of stokovoto market;

2. a copy of the document certifying the introduction of the object into operation issued by the order of the spatial planning Act, as well as documents issued by the competent authority certifying the suitability of the areas and the material base of stokovoto market for trade in goods and commodity groups;

3. an official copy of the sketch – construction and regulation plan for the territory of the marketplace with a description containing the information about the places and ways of offering the kinds of goods and commodity groups, as well as a document establishing the legal basis for the use of the areas and base material in which the activity will be carried out;

4. General terms and conditions of a lease of land in the territory of the stokovoto market;

5. documents proving the fulfilment of the requirements of para. 6 to the territory in which the stokovoto auction is organized. "

5. The current paragraph. 4 it al. 6 and in it:

a) in paragraph 1 the words "reserved for wholesale market ' shall be deleted;

(b)) point 3 shall be repealed.

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

"(7) in the application for registration of the market the producer stating the UIC of the trader. The application shall be accompanied by:

1. draft staff regulations of the Organization, operation and security of the market;

2. the documents issued by the competent authority certifying the suitability of areas and facilities of the market for trade in goods and commodity groups;

3. an official copy of the sketch – construction and regulation plan for the territory of the market of producers with attached description containing the information about the places and ways of offering the kinds of goods and commodity groups, as well as a document establishing the legal basis for the use of the areas and base material in which the activity will be carried out;

4. General terms and conditions of a lease of land in the territory of the market;

5. a statement that there are requirements under paragraph 1. 8. "

7. The current paragraph. 6 it al. 8.8. A new al. 9:

"(9) the Commission officially required by the registry Agency the following documents required for issuance of a license for carrying out the activity as a stock exchange, for the registration of a stock market or market of manufacturers:

1. current certificate for entry in the commercial register;

2. organizational act according to the type of trader;


3. details of the paid-up capital in accordance with the requirements of art. 23. "

9. The current paragraph. 7 it al. 10.

10. The current paragraph. 8 it al. 11 and in her words "para. 7 ' shall be replaced by "para. 10. "

11. The current paragraph. 9 it al. 12.

12. The current paragraph. 10 it al. 13 and in her words "para. 7 ' shall be replaced by "para. 10. "

§ 8. In art. 15 is made the following changes and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

(2) notification shall be made in writing or by electronic means in accordance with the requirements of the electronic document and electronic signature law and the law on e-governance. "

§ 9. In art. 16 is hereby amended as follows:

1. In paragraph 8. 1 in the text before paragraph 1 the word "licence" shall be replaced by "license".

2. in the Al. 3 the word "permit" shall be replaced by "license".

§ 10. In art. 16 a, para. 2 the words "para. 3, 4, 5 and 6 ' shall be replaced by "para. 5 – 8 ".

§ 11. In art. 18, al. 1 the words "presented the licence issued" shall be replaced by ' presented the license issued ".

§ 12. In art. 19 is hereby amended as follows:

1. In paragraph 8. 1:

and in the text) before item 1, the words "the issued licence" shall be replaced by "the license";

b) in paragraph 1 the word "licence" shall be replaced by "license".

2. in the Al. 2 the word "licence" shall be replaced by "license".

§ 13. In art. 23, para. 2 the word "permit" shall be replaced by "license", and the word "authorization" is replaced by "license".

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

1. a new paragraph. 1:

' (1) in order to ensure that the obligations under stock deals with immediate execution stock market opened a special bank account, such as the procedure for acceptance and disposal of stock guarantee contributions articles shall be determined in the stock rules. "

2. The current paragraph. 1 it al. 2.

3. The current paragraph. 2 it al. 3 and in her words "para. 1 "shall be replaced by" para. 2. "

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

5. The current paragraph. 4 it al. 5, and shall be amended as follows:

"(5) in the application for a licence shall state the UIC of the trader. The application shall be accompanied by:

1. the draft rules of the clearing house; minimum requirements for the content of the rules of procedure shall be determined by the Ordinance under para. (2);

2. details of the premises and for the technical equipment of the clearing house. "

6. Al are created. 6, 7 and 8:

"(6) a licence under subsection. 4.

(7) the rights under the licence under subsection. 4 are not transferable and/or disposal except in the case of succession under the Commerce Act.

(8) the Commission officially required by the registry Agency the following documents required for issuance of a license clearing house:

1. the statutes of the company;

2. details of the paid-up capital and its structure in accordance with the requirements of art. 26A;

3. good standing with the names and addresses of the persons who will govern and will represent clearing house. "

§ 15. In art. 26 and the following modifications are made:

1. In paragraph 8. 5, item 4 and 5, the words "para. 1 "shall be replaced by" para. 2. "

2. in the Al. 6, paragraph 2, subparagraph (a), the words "para. 1 "shall be replaced by" para. 2. "

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

1. The current text becomes paragraph 1 and the words "in writing" shall be deleted.

2. a para. 2:

(2) notification shall be made in writing or by electronic means in accordance with the requirements of the electronic document and electronic signature law and the law on e-governance. "

§ 17. In art. 52 following amendments and supplements shall be made: 1. In para. 1 paragraph 1 shall be replaced by the following:

"1. provides commercial properties or other assets of the marketplace vendors under conditions and in accordance with procedures laid down by the regulation under art. 54, para. 1; ".

2. in the Al. 3 the words "and activities" shall be replaced by "activities and security".

3. a para. 4: "(4) the implementation of the obligations under para. 1, item 3 shall be verified by a written document which details shall be authorised by the Commission. "

§ 18. In art. 52 and following amendments and supplements shall be made: 1. The current text becomes paragraph. 1.

2. Al are created. 2 and 3: (2) the implementation of the obligations under para. 1, item 4 shall be certified by means of a written document, whose requisites shall be authorised by the Commission.

 (3) the organizer of the market the producer may engage in sales of goods in his own name and for the account of a particular farmer in order, determined by the regulation for the organisation, operation and security of the market. "

§ 19. In chapter v the name of section III shall be replaced by the following: "deals on the stock market and the market of manufacturers".

§ 20. Article 55 shall be replaced by the following: "art. 55. (1) The stokovoto auction and market growers allowing execution of transactions only with available food and flowers, accepted in their territory, and of places defined for sales.

(2) the transactions referred to in para. 1 shall be made only by registered dealers under the conditions and in accordance with the commercial law or the law on cooperatives, or by persons registered under the relevant legislation of a country member of the European Union.

(3) where a farmer has no registered under the commercial law or under the law on cooperatives, the transactions referred to in para. 1 may be carried out by the entities referred to in para. 2 or by the organizer of the market of producers by the procedure of art. 52A, al. 3 the price set by the manufacturer. "

§ 21. In art. 57 the following endorsements are added:

1. In paragraph 8. 1, after the word "auction" and "be added to the market the producer".

2. in the Al. 2, after the word "auction" and "be added to the market the producer".

§ 22. In art. 59 the following endorsements are added:

1. In paragraph 8. 2, after the word "marketplace" is added "and" producers on the market.

2. in the Al. 3, after the words "commodity market" insert "and the market of producers" and after the words "stokovoto" insert auction "and" producers on the market.

§ 23. In art. 60 make the following amendments and supplements: 1. Al. 1, after the word "auction" is added "and" producers on the market.


2. in the Al. 2, after the word "auction" is added "and" producers on the market.

3. in the Al. 3, after the word "marketplace" is added "and the market of producers", the words "and activities" shall be replaced by "activities and security", and "after the word" auction "is added and the market of manufacturers".

4. Paragraph 4 is hereby repealed.

5. in the Al. 5 after the word "auction" is added "and" producers on the market.

§ 24. In art. 64, para. 1 make the following amendments and additions:

1. In paragraph 2, the words "authorizations" are replaced by "the license".

2. an item 6: ' 6. suspended the activities of the places where business is carried in violation of the requirements of art. 3 (b). "

§ 25. In art. 64 and Al is created. 5: "(5) in the application of the measure referred to in art. 64, para. 1, item 6, the Commission shall suspend the activity of persons operating in breach of art. 3 (b), through the sealing of the premises pursuant to para. 3 and 4. "

§ 26. In art. 65, para. 1 the first sentence shall be replaced by the following: "Whoever violates art. 2, al. 2 and 3, art. 3, al. 2, art. 3 (a), para. 2, art. 3 (b), art. 6, al. 3, art. 8, al. 3 and 4, art. 9, art. 11, art. 15, para. 1, art. 22, para. 2, art. 25, art. 27, al. 1, art. 29, para. 2, art. 31, art. 35, art. 38, para. 2, art. 39, art. 41, art. 42, para. 1, art. 43, 44, 52, art. 52A, al. 1, art. 54, para. 3, art. 54 (a), para. 3, art. 55, para. 2 and 3, art. 57, 59 and 60 and § 3, is punishable by a fine of up to $400, 3500 if the Act does not constitute a crime. "

§ 27. In § 2 of the supplementary provisions the following modifications are made:

1. point 10 shall be replaced by the following:

"10." wholesale trade "is the sale of a quantity not less than unit transport packaging, when the product is packaged, or the quantity determined by the regulation for the organisation, operation and security of the relevant market or markets of the manufacturers, when the product is not packaged."

2. Point 11 is repealed.

§ 28. In other texts of the law the word "licence" shall be replaced by "license", and the word "licence" shall be replaced by "license".

Transitional and final provisions

§ 29. (1) persons who, at the entry into force of this law shall have the certificate for registration of stock market and market of the manufacturer are required to adapt their activities in accordance with its requirements within 6 months from its entry into force.

(2) the procedures for making registration of stock market or market of manufacturers, started the previous line, completed under the conditions and in accordance with this law.

§ 30. Persons who, at the entry into force of this Act are not registered as a commodity market or market of manufacturers and carry out wholesale of food and flowers, are required to bring their activities in accordance with the requirements of the act within 6 months from its entry into force.

§ 31. The law shall enter into force on the day of its publication in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 19 May 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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