Name of law Law amending and supplementing the law on medicinal plants Named Bill a bill amending and supplementing the law on medicinal plants of acceptance Date 25/03/2011 number/year Official Gazette 28/2011 Decree No 64

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 medicinal plants, adopted by the National Assembly of the HLI 25 March 2011.

Issued in Sofia on 30 March 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 medicinal plants (promulgated, SG. 29 of 2000; amend., SG. 23 and 91 of 2002, no. 30 and 65 by 2006, 94/2007, no. 36 and 43 of 2008 and no. 80 and 103 of 2009.)

§ 1. In art. 12 the words "order under art. 10, para. 2 "are replaced by" orders under art. 10, para. 2 and 5 ".

§ 2. In art. 13 in the text before item 1 the words "end user" shall be replaced by "persons who use them with or without processing for the production of medicinal products, foods and cosmetics.

§ 3. Article 14 shall be amended as follows:

"Art. 14. the types of plants, designated to be protected in accordance with annex 3 to the art. 37 of the law on biodiversity, and covered in the list in the annex to article 2. 1, al. 2 of this law shall be protected in accordance with the provisions of the law on biodiversity. "

§ 4. Article 15 shall be amended as follows:

"Art. 15. for deposits of medicinal plants, which are located in protected areas, apply the arrangements and the rules laid down by the law on protected areas, the orders for the announcement and the management plans of protected areas, and in respect of the conservation and enjoyment – the provisions of this law. "

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

1. In paragraph 8. 1 the words "lands and forests of the forest fund" shall be replaced by the words "forest areas".

2. in the Al. 4, the words "forests and lands of the forest fund" shall be replaced by the words "forest areas".

§ 6. Article 19 shall be deleted.

§ 7. In art. 21 the following amendments and supplements shall be made:

1. In paragraph 8. 2, the words "for use issued under this law" shall be deleted.

2. a para. 5:

"(5) Pozvolitelnoto must accompany the gathered herbs and bilkozagotvitelniâ to the point and warehouses to it."

§ 8. Article 22 shall be replaced by the following: "art. 22. Licenses for the use of medicinal plants is issued by:

1. the Director of the State forestry or hunting farm of State within their territorial scope – when the use is of forest territories – Government property and granted them on the basis of a management contract – after the payment of a fee in the State forestry or hunting farm in nation;

2. the Mayor of the municipality where the use is from:

 agricultural land and land) of the Fund and those included in the boundaries of settlements – municipal property, upon payment of a fee in the municipality;

b) territories in the borders of settlements – municipal property, regardless of their purpose, upon payment of a fee in the municipality;

in the land of agricultural lands) Fund – private property; license shall be issued to the owner/lessee or authorized person without paying the fee with the possibility of his assignment to third parties – for valuable consideration or free of charge, for free negotiation;

3. the District Governor, when the use is of agricultural lands – State property within the boundaries of settlements and in the Land Fund, after the payment of a fee in the oblast administration;

4. the Director of the Directorate of the National Park, when the use is of the territories of the respective catchment areas and national parks, upon payment of a fee to the relevant Directorate;

5. the person with the higher education lesov″dsko, empowered by the Mayor of the municipality and registered in the public register for the exercise of the lesov″dska practice – on forest territories – municipal property, upon payment of a fee in the municipality, as well as those submitted to the municipality for the management on the basis of a contract;

6. a person with a university education, lesov″dsko registered in the public register for the exercise of the lesov″dska practice – the forest territories, for which forest Association has entered into a contract;

7. a person with a university education, lesov″dsko registered in the public register for the exercise of the lesov″dska practice – on forest territories other than those referred to in paragraphs 1 and 5, for which the owner has contracted for a specific property. "

§ 9. In art. 25, para. 1 is hereby amended as follows:

1. point 1 shall be amended as follows:

"1. the benefit of the State-owned forestry or hunting farm State, when the use is from deposits located in the forest territories – Government property, as well as those submitted to manage them on a contract basis;".

2. point 3 shall be replaced by the following:

"3. the budget of the municipality where the use is from deposits located in the forest territories – municipal property, lands, waters, and bodies of water in the Land Fund or in populated areas-municipal property;".

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

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

(a)) in the text before paragraph 1, after the words "issue of" is added "bilkozagotvitel – legal person, or the" and the words "or primary processing" shall be deleted;

(b)) that are 5, 6 and 7:

"5. duration of use;

6. other terms and conditions related to the conservation of the deposit;

7. persons performing mobile use, if they are different from the holder of the pozvolitelnoto. "

2. Al are created. 2 and 3:


"(2) when pozvolitelnoto was issued on bilkozagotvitel – legal person in it roll are saved individuals, with which he organized the collection; the number of those persons cannot be larger than 20 people.

(3) Pozvolitelnoto shall be issued before the implementation of usage. "

§ 11. Create art. 28A and 28B:

"Art. 28. It shall be prohibited to individuals and legal persons to sell, buy and carry herbs or genetic material, for which there are no issued licenses for the use of art. 22 certificate or for growing in culture under art. 46, item 3.

Art. 28 (b). it is prohibited to use of medicinal plants in violation of the conditions set out in pozvolitelnoto of art. 26, al. 1 type, quantity, location, method of use and other conditions. "

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

1. Paragraph 1 shall be amended as follows:

"(1) the primary processing of herbs include their freezing, drying, ositnâvane, cleaning, bailing and/or packaging."

2. in the Al. 2, after the words "post is" insert "or" freeze.

§ 13. In art. 31 is made the following changes and additions:

1. In paragraph 8. 2:

create a new) item 2 and 3:

"2. to buy only herbs, for which it has been granted license from the authorities and the persons under art. 22 or cultivation certificate;

3. to store the permit and/or certificates referred to in paragraph 2 by 31 March of the following calendar year; "

(b)) the current paragraph 2 and 3 shall become paragraph 4 and 5;

in the current item 4) became item 6 and in her words "31 January" are replaced by "20 January" and after the word "herb" is added "and their origin in the license".

2. a para. 3:

"(3) the provision of information under para. 2, item 1 and 6 may be made on paper or by electronic means. "

§ 14. Art is created. 31a:

"Art. 31a. (1) the book of art. 31, para. 2, item 4 shall be kept for each post and a warehouse for herbs and is identified by a serial number, the address of the bilkozagotvitelniâ post and bilkozagotvitelâ data – name, identity document number and permanent address, where he is a natural person, or the name, registered office, address, BULSTAT code or VAT and VAT registration number, where it is a legal person.

(2) the closed books a year are stored by the persons under art. 31 and 32.

(3) upon termination of the activity points or warehouse for herbs the persons under art. 31 and 32 are required within 7 days in writing to inform the relevant regional Inspectorate of environment and waters to provide summary information about redeemed, processed and realized to date of termination of the activity book and store herbs under art. 31, para. 2, item 4 for a period of one year. "

§ 15. In art. 32, para. 2 the words "art. 31, para. 2, item 4 "shall be replaced by" art. 31, para. 2, item 6 and art. 31.

§ 16. In art. 33, the words "the documents referred to in art. 13, item 2 and 3 ' shall be replaced by "license for the use of herbs, issued by the order of art. 21, para. 2, and/or cultivation certificate under art. 46, item 3 ".

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

1. In the text before paragraph 1, after the word "bodies" shall be inserted "or persons".

2. point 1 shall be amended as follows:

' 1. the name, identity document number and permanent address – for individuals; ".

3. a new paragraph 2: "2. name, registered office, address, BULSTAT code or VAT and VAT registration number of the legal person and the data under item 1 of the person it represents – bilkozagotvitel – legal person, as well as the names, identity document number and permanent address of the persons who will be entered in the pozvolitelnoto, when the use is in accordance with art. 26, al. 2; ".

4. The former paragraph 2 and 3 shall become paragraph 3 and 4.

§ 18. In art. 35 after the word "Bodies" shall be inserted "or persons".

§ 19. In art. 37, para. 1 and 2, after the word "bodies" shall be inserted "or persons".

§ 20. In art. 38 after the word "authority" there shall be added "or person".

§ 21. In art. 40 after the word "authority" there shall be added "or person".

§ 22. In art. 41 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "authority" there shall be added "or person", the words "by order" shall be deleted, and after the words "the holder of the pozvolitelnoto to use" insert "or recorded it under art. 26, al. 2 persons ".

2. The current paragraph. 2 is repealed.

§ 23. In art. 42, para. 1 creating a t. 6:

"6. the directors of State-owned forest farms and state hunting grounds."

§ 24. In art. 43, para. 2 point 7 is created:

7. approve the conversion factors to the quantities of fresh herbs in dry weight after consultation with scientific and professional organizations. "

§ 25. In art. 44, para. 2 item 4, add "in accordance with the requirements of the law on seeds and propagating material".

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

1. In paragraphs 1 and 2, the words "forest fund" shall be replaced by the words "forest areas".

2. In paragraph 4, the words "forests, land, water and aquatic sites of forest fund" shall be replaced by the words "forest areas".

§ 27. Article 49 shall be amended as follows:

 "Art. 49. the Director of the State forestry or hunting farm of State:

1. provides and organises activities for the conservation and protection of medicinal plants in the forest territories – Government property, as well as in the territories, submitted their management on the basis of a contract;

2. the issue of use of mens medicinal plants of forest territories – Government property, as well as from the territories, granted on the basis of the management contract. "

§ 28. In chapter IV, section I, article is created. 49A:

"Art. 49. The authorities referred to in art. 42 may delegate its powers relating to the issuance of a permit under this Act, the officials authorised by them. "

§ 29. In art. 50 item 4 shall be amended as follows:

"4. the section" medicinal plants "to forest plans and programmes in accordance with the law on forests".

§ 30. In art. 55 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.


2. a para. 2: "(2) in the development of Pará. 1 priority is prevalent in the area include types of medicinal plants – the subject of economic use, and medicinal plants under the special regime of protection and use or of interest for nature conservation or scientific character. "

§ 31. In art. 56 para. 4 shall be amended as follows:

"(4) the Minister of the environment and waters: enshrine

1. the methodology for the evaluation of resource of medicinal plants;

2. a methodology for carrying out long-term evaluation and monitoring of natural populations of medicinal plants. "

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

1. In paragraph 4, add "and trade".

2. point 7 is created:

"7. the licences issued by the authorities and mens persons under art. 22. "

§ 33. Article 64 shall be amended as follows:

"Art. 64. the regional forest Directorate organizes the control over the use and reproduction of herbs in forest areas in the scope of its action. "

§ 34. In Chapter five establishes the art. 64 (a):

"Art. 64. The outstanding cases in the course of the inspection powers under this Act shall be subject to the provisions of Chapter 9 of the law on the protection of the environment. "

§ 35. The title of Chapter vi shall be replaced by the following: "compulsory administrative measures and administrativnonakazatelna responsibility."

§ 36. In chapter six section I is created with art. 64 (b), (c), (d) 64 64 64 (e):

"Section I

Compulsory administrative measures

Art. 64 (b) for the prevention and cessation of administrative offences under this law, and to prevent or remedy the harmful effects on medicinal plants and their localities the authorities under art. 64 or authorised by them officials apply coercive administrative measures.

Art. 64. the compulsory administrative measures are applied in the case of an imminent danger of the occurrence of the damage or destruction of natural fields or biological diversity of medicinal plants as a result of:

1. offences under this law;

2. natural disasters;

3. accidents and other unforeseen circumstances, caused by human activity.

Art. 64. (1) the directors of the regional Inspectorate of environment and waters, or officials designated by them:

1. stop with a reasoned order use activities of medicinal plants in their natural deposits effected in violation of this Act;

2. issue the compulsory requirements for measures to protect, maintain and restore the natural deposits of medicinal plants, as well as to prevent and/or eliminate distortions and adverse consequences with the determination of terms and those responsible for their implementation.

(2) the directors of directorates of national parks in accordance with territorial competence or officials authorised by them:

1. the compulsory administrative measures referred to in paragraph 1. 1;

2. restrict or prohibit access to natural deposits of medicinal plants for a specified period.

(3) the directors of State-owned forest farms, directors of State hunting grounds and the mayors of municipalities or officials authorised by them in accordance with territorial competence apply coercive administrative measures referred to in paragraph 1. 2, item 2, shall inform the relevant regional Inspectorate of environment and water.

Art. 64 (1) the application of compulsory administrative measures shall be carried out with a reasoned order, stating the grounds for the application, the type and the way of application of the compulsory administrative measure.

(2) the order under paragraph 1. 1 may be appealed pursuant to the administrative code.

(3) the appeal of the order under paragraph 1. 1 does not stop its implementation. "

§ 37. After art. 64 (e) creates a name "Section II liability Administrativnonakazatelna".

§ 38. In art. 65, para. 1, after the words "shall be punished with fine" is added "of 100" and after the words "penalty" is added "300".

§ 39. In art. 66 the words "order under art. 10, para. 2, is punishable by a fine of up to $ 3000. "shall be replaced by ' orders under art. 10, para. 2 or 5, shall be punishable by a fine of 100 to 1000 EUR, respectively with a proprietary sanction from 500 to 3000 BGN.

§ 40. Articles 67, 68 and 69 shall be repealed.

§ 41. In art. 70 is made the following changes and additions:

1. In the first sentence the words "forestry projects ' shall be replaced by ' forest plans and programmes," and after the words "shall be punished with fine" add "100".

2. In the second sentence the words "and for grazing in protected areas in accordance with the requirements of art. 15, para. 3 "shall be deleted.

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

1. a new paragraph. 1: "(1) an official who issued a license for use in violation of the rules and requirements set by the Ordinance under art. 27, is punishable by a fine from 100 to 3000 pounds. "

2. The current paragraph. 1 it al. 2 and in her words "art. 10, para. 1, is punishable by a fine of up to EUR 5000 "are replaced by" article. 10, para. 2 and the order of the Director of the regional Inspectorate of environment and waters under art. 10, para. 5, is punishable by a fine from 200 to 5000 LEVs. ".

3. The current paragraph. 2 is repealed.

§ 43. In art. 72 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and after the words "in her art. 21, para. 2 "there shall be added" and al. 5 "and the words" up to EUR 5000 "are replaced by" 20 to 1000 EUR, respectively with a proprietary sanction from 300 to 5000 LEVs. ".

2. a para. 2:


"(2) in violation of art. 28B using medicinal plants with regularly issued licenses, but outside of those specified in it kind of use, amount authorised, a region or a specific field of use, manner and duration, as well as the failure of the POS volitelnoto other conditions is punishable by a fine of 100 to 1000 EUR, respectively with a proprietary sanction from 200 to 2,000 LEVs. "

§ 44. Create art. 73A and 73B:

"Art. 73. Who in violation of art. 28A sales, buy and/or carry herbs or genetic material, for which there are no issued licenses for the use of art. 22 certificate or for growing in culture under art. 46, paragraph 3, is punishable by a fine of 100 to 2,000 BGN. or with a proprietary sanction from 300 to 3000 BGN.

Art. 73b. Who violates requirements of the Ordinance under art. 29, para. 3, is punishable by a fine of 50 to 3000 BGN. or with a proprietary sanction from 300 to 5000 LEVs. "

§ 45. Article 74 is amended as follows:

"Art. 74. Which in violation of art. 31, para. 2 notifies the regional Inspectorate of environment and water for bilkozagotvitelni organised by him points, buy herbs, for which no license or certificate has been issued for cultivation, not store permit or certificates within the time limit, does not book for redeemed, realized and the quantities available herbs and for their origin, does not provide access to available to the supervisory authorities or those in the process of primary processing herbs , does not provide a summary of the inspection for the redeemed and the quantities available herbs, is punishable by a fine of 100 to 1000 EUR or with a proprietary sanction from 300 to 2500 pounds. "

§ 46. Create art. 76 (b), (c) and (d) 76 76:

"Art. 76 (b). When the persons under art. 31 and 32 do not present or do not have the documents in accordance with the requirements of art. 33, having a fine of 100 to 1000 EUR or penalty payment from 200 to 2500 EUR

Art. 76. in the compulsory administrative measures under art. 64 individuals are punishable by a fine of 100 to 2,000 BGN, and for legal persons and the sole traders having a proprietary sanction from 300 to 4000 EUR

Art. 76. For other violations of this law, if the do not constitute an offence, individuals are punishable by a fine of 100 to 1000 BGN, and for legal persons and the sole traders having a proprietary sanction from 200 to 2,000 LEVs. "

§ 47. Everywhere in the law the words "medicinal products" shall be replaced by the words "medicinal products".

Final provisions

§ 48. The Water Act (promulgated, SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005, issue 29, 30, 36 and 65 of 2006; Corr. , PC. 66 by 2006; amend., SG. 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009 and PCs. 61 and 98 of 2010.) art. 61 and is repealed.

§ 49. 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 25 March 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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