Name of law a law amending the law on the protection of the plants Named Bill a bill amending and supplementing the law on plant protection date of acceptance 23/03/2011 number/year Official Gazette 28/2011 Decree No 67
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 plant protection, adopted by the National Assembly of the HLI 23 March 2011.
Issued in Sofia on 1 April 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 plant protection (official SG. 91 of 1997; amend., no. 90 of 1999, 96/2001, no. 18 of 2004, no. 26, 31 and 96 06, issue 13, 36 and 43 of 2008.82/2009 and no. 8 by 2011.)
§ 1. Article 1 shall be amended as follows:
"Art. 1. This law governs:
1. phytosanitary measures under the International Convention on the protection and implementation of phytosanitary control of plants and plant products;
2. the implementation and improvement of the methods for the integrated combating organisms harmful to plants or plant products;
3. the requirements for plant protection products and fertilisers, the system of testing, authorisation and supervision of manufacture, repackaging, storage, placing on the market and their use in order to protect human and animal health and the environment;
4. the requirements for the quality and plant health checks of plants and plant products intended for the domestic market and for export;
5. the control of conformity of plant protection products on the market with the indications approved in the resolution;
6. documentation requirements for marketed and consumed quantities of plant protection products and fertilisers;
7. the measures for the implementation of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, hereinafter referred to as "Commission Regulation (EC) No 2003/2003";
8. control of contaminants in plant materials;
9. integrated production control of plants and plant products;
10. the conditions and organization for conducting surveillance and diagnosis of economically important pests in agricultural crops. "
§ 2. In art. 8 make the following amendments and supplements: 1. a new paragraph. 3:
"(3) the individual administrative acts under para. 2 may appeal to the Director of the Regional Directorate for the food safety under the administrative code. An appeal shall not have suspensive effect.
2. The current paragraph. 3 it al. 4.
3. a para. 5:
"(5) the persons referred to in para. 1 stored records of the types and quantities of plant protection products and fertilisers in crops and areas and, on request, provide to the Bulgarian Agency for food safety data in a form approved by its Executive Director. "
§ 3. In art. 8 (a), para. 1, after the word "seed" shall be added "or the principles of integrated production.
§ 4. In art. 10 create item 3 and 4:
"3. to inspect the sites that produce, Pack, repack, store and place on the market plant protection products, fertilisers, soil improvers, biologically active substances and nutritional substrates in carrying out the control of sections IV and V of this chapter;
4. to request assistance by the authorities of the Ministry of the Interior. "
§ 5. In art. 12, al. 2, after the word "place" is added "through checks of phytosanitary inspectors."
§ 6. In art. 13, second sentence, the word "as the demise charterer" is replaced by "user".
§ 7. In chapter two, the title of section II, the words ' for the chemical and biological ' shall be replaced by "chemical".
§ 8. In art. 13 and the following modifications are made:
1. In paragraph 8. 1 the words "plant materials, soil and water for irrigation for the levels of chemical and biological pollutants" shall be replaced by "raw foods of plant origin for levels of contaminants", and the words "and the law on protection from the harmful effects of chemical substances and mixtures" are deleted.
2. in the Al. 3, second sentence, the words "by the Executive Agency" Bulgarian accreditation service "to the Minister of economy, energy and tourism" are replaced by "accreditation by a national authority of a Member State of the European Union.
§ 9. Article 13 (b) is repealed.
§ 10. In art. 14 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "offer" is replaced by "place".
2. a para. 6:
"(6) the holder of the certificate of authorisation under paragraph 1. 2 submit an annual statement of the quantities of products put on the market in a form approved by the Executive Director of the Bulgarian Agency for food safety. "
§ 11. In art. 15 (a) is hereby amended as follows: 1. In para. 2 the abbreviation "ban" and the comma after it is deleted.
2. in the Al. 4, item 3, the words "parallel import" shall be replaced by "parallel trade".
3. in the Al. 5 in the first sentence the words "the toxicological and ecotoxicological characteristics" are replaced by "the physico-chemical properties, residues of pesticides in or on food and feed of plant and animal origin, toxicological, ecotoxicological characteristics and behaviour in the environment".
§ 12. In art. 15 the following amendments and additions:
1. In paragraph 8. 1:
a) in paragraph 3, after the word "features" are added "and behaviour in the environment";
b) in paragraph 4, after the word "features" are added "and behaviour in the environment";
in point 6), the word "receipt" is replaced by "document".
2. in the Al. 5, after the words "original product" there shall be added "or alternative research on these data".
3. in the Al. 8, first sentence, the word "supply" is replaced by "placing".
§ 13. In art. 15 (g) the following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "parallel import" shall be replaced by "parallel trade".
2. in the Al. 2:
a) point 2 is replaced by the following:
"2. the original label and instructions for use with a translation of the Bulgarian language of the plant protection product in the Member State of the European Union, from the parallel trade and a draft label for the Republic of Bulgaria, which must include an indication that the product is marketed in parallel;"
b) in paragraph 3 the word "receipt" is replaced by "document".
3. a new paragraph. 3:
"(3) the Bulgarian food safety agency may ask the applicant a sample of the product you are stating to parallel trade."
4. The current paragraph. 3 it al. and 4 shall be replaced by the following:
"(4) the persons under art. 15A, para. 7 and 8 assess the identity of the plant protection product applied with permissions in the country product which represented in the Council as a plant protection product within two months of receipt of the documentation referred to in paragraph 1. 2. A plant protection product is considered identical to the already authorised in the country when:
1. is manufactured by the same manufacturer, the manufacturer related undertaking or under licence according to the same production process;
2. is identical in specification and content of the active substances as well as on the type of formulation;
3. is the same or equivalent in the presence of co-Formulants and in size, material and shape of the package in view of the potential negative impact on the safety of the product in terms of the health of humans or animals, or the environment. "
5. The current paragraph. 4 it al. 5 and in the text before item 1 the words "parallel import" shall be replaced by "parallel trade".
6. The current paragraph. 5 it al. 6.
7. The current paragraph. 6 it al. 7 and in her words "parallel import" shall be replaced by "parallel trade".
8. The current paragraph. 7 it al. 8 and in her words "para. 6 ' shall be replaced by "para. 7. "
9. The current paragraph. 8 it al. 9.
§ 14. In art. 15 h the following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in item 3 (b), after the words "properties of" insert "and" active substances;
b) in paragraph 4, after the word "features" are added "and behaviour in the environment";
in point 6), the word "receipt" is replaced by "document".
2. in the Al. 3, first sentence, the word "supply" is replaced by "placing".
§ 15. In art. 15 l make the following amendments and additions:
1. In paragraph 8. 1 the word "supply" is replaced by "placing".
2. in the Al. 2:
a) in paragraph 1, after the word "identity" is added "or equivalent";
b) in paragraph 2 the word "receipt" is replaced by "document".
3. in the Al. 4 everywhere after the word "identity" is added "or" equivalence.
4. in the Al. 5:
(a)) in the text before paragraph 1, after the word "identity" is added "or equivalent";
b) in paragraph 3 the word "receipt" is replaced by "document".
5. in the Al. 11, after the word "identity" is added "or equivalent".
6. in the Al. 12, item 3, after the word "identity" is added "or equivalent".
§ 16. In art. 15 h the following endorsements are added:
1. In paragraph 8. 1 item 3 is created:
"3. where are given subsequent trade names of a plant protection product authorised."
2. in the Al. 2, after the words "paragraph 2" shall be inserted "and 3".
§ 17. In art. 15 p make the following amendments and additions:
1. In paragraph 8. 2, item 2, after the word "identity" is added "or equivalent".
2. a new paragraph. 4:
"(4) in the cases referred to in para. 3 the holder of the certificate submitted in the Bulgarian Agency for food safety:
1. an application under art. 15 in, al. 1;
2. data for the change, the form, content and deadline for assessment shall be determined by the Ordinance under art. 14, para. 5; evaluation of the data is carried out by the persons under art. 15A, para. 7 and 8;
3. a document of fee paid under the tariff referred to in art. 3. "
3. The current paragraph. 4 it al. 5.
§ 18. In art. 16, al. 1 the words "one-time use and imports of certain quantities of an unauthorized plant protection product ' shall be replaced by" placing on the market of certain quantities of the plant protection product for limited and controlled use.
§ 19. In art. 16 and the following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "the Bulgarian Agency for food safety" is added "authorised".
2. paragraph 2 is replaced by the following:
"(2) for the granting of permission under subsection. 1 in the Bulgarian food safety agency shall be submitted:
1. an application in a form approved by the Executive Director of the Bulgarian Agency for food safety;
2. the safety data sheet of a plant protection product in the Bulgarian language in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Council Regulation (EC) No 1488/94 the Commission as well as Council Directive 76/769/EEC and directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;
3. a document of fee paid under the tariff referred to in art. 3. "
3. Al are created. 3, 4 and 5:
(3) within 14 days from the filing of the application referred to in paragraph 1. 2 the Executive Director of the Bulgarian food safety agency or an official authorised by him shall issue permission for testing with research or experimental purposes in a form determined by the Ordinance under art. 19, para. 4, or makes a reasoned refusal.
(4) the authorisation referred to in paragraph 1. 3 shall be issued for a period of one year.
(5) the refusal under para. 3 subject to appeal pursuant to the administrative code.
§ 20. Art is created. 16 (b):
"Art. 16B. Tests with unauthorised plant protection products with the scientific research and experimental purposes shall be carried out under the conditions and by an order determined by the Ordinance under art. 19, para. 4. "
§ 21. In art. 18 the following modifications are made:
1. In paragraph 8. 1 the words "import, marketing and use in the country of the plant protection products with regard to the formulation, labelling, content of the labels and their conformity with the plant protection product ' shall be replaced by" manufacture, repackaging, storage, placing on the market and use in the country of the plant protection products with regard to the formulation, labelling, the contents of the labels and their conformity with the indicators approved in resolving them. "
2. paragraph 2 is replaced by the following:
"(2) Prohibit the placing on the market and use of unauthorised or unsuitable for plant protection products. '
§ 22. Art is created. 18A:
"Art. 18. (1) When it is established that plant protection products are not authorised, or with a proven discrepancy in terms of physical and/or chemical properties, the supervisory authorities of the Bulgarian food safety agency suspended them from sale and use and provide for account of the owner:
1. to be exported from the territory of the country;
2. to be destroyed in accordance with the law on waste management.
(2) the measures referred to in paragraph 1. 1 apply with requirements, a copy of which shall be served on the owner or his representative.
(3) the individual administrative acts under para. 2 may appeal to the Director of the Regional Directorate for the food safety under the administrative code. An appeal shall not have suspensive effect.
(4) in order to establish an infringement and the application of the measure referred to in paragraph 1. 1 the supervisory authorities shall immediately notify the Executive Director of the Bulgarian Agency for food safety, which on the basis of the findings may issue an order for the immediate suspension of the placing on the market and use of a particular batch of a plant protection product, such as disposal of the holder of the certificate of authorisation of the product within a period of not more than one month to withdraw the lot from the market. The order must contain an order for dispatch of the consignment from the territory of the country or its destruction under the waste management act.
(5) the order under paragraph 1. 4 may be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.
(6) in accordance with the terms laid down in the acts under paragraph 1. 1 and 4, the owner or the holder of the certificate presented in Bulgarian food safety agency written evidence for the implementation of the measures implemented. "
§ 23. In art. 19 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "supply" is replaced by "placing".
2. in the Al. 3, first sentence, after the words "the requirements of the" added "good experimental practice and".
§ 24. In art. 22 creates the second sentence: "it is prohibited to advertising of unauthorised plant protection product.
§ 25. Article 23 shall be replaced by the following: "art. 23. (1) the wholesale or retail of plant protection products, repackaging activities of plant protection products on the market and carry out the fumigation and disinfection of areas, facilities and plant products against harmful organisms shall be carried out by persons who hold a permit issued by the Executive Director of the Bulgarian Agency for food safety.
(2) the authorization shall be issued for a period of 5 years and shall not be transferable to another person.
(3) to obtain an authorisation under paragraph 1. 1 individuals must have been merchants within the meaning of the commercial code and to possess higher agronomičesko education or contract with a person holding such and, in the case when carrying out fumigation and disinfection of areas, facilities and plant products against harmful organisms – and finished a course for fumigation in University or Research Institute under a programme approved by the Executive Director of the Bulgarian Agency for food safety.
(4) for the implementation of the activities referred to in para. 1 persons need to have objects in accordance with the requirements laid down in the Ordinances under art. 23 and 23 (d), as follows:
1. for wholesale-warehouse;
2. for the retail industry – agricultural pharmacy;
3. for repacking – workshop for repacking;
4. for fumigation and disinfection of areas, facilities and plant products against harmful organisms – storage room (box).
(5) for permission under paragraph 1. 1 the persons submitted to the Director of the Regional Directorate for the food safety sample application, approved by the Executive Director of the Bulgarian Agency for food safety.
(6) an application under subsection. 5 apply and certified copies of the following documents:
1. certificate of good standing of the judicial registration or unified identification code (UIC) of the merchant;
2. diploma of higher agronomičesko education of the person or contract with a person holding such;
3. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code;
4. documentary proof of ownership or the right to use the site, in which the activity will be carried out;
5. a document certifying the introduction of object in operation, with its associated purpose, responsible for the requested activity, issued by the order of the spatial planning act;
6. list of technique for repacking – in the case of al. 4, item 3;
7. certificate of course completion for the fumigation of the person – in the case of al. 4, paragraph 4;
8. a document for paid fee for the processing of documents and issuance of an opinion under the tariff referred to in art. 3.
(7) persons working in agricultural pharmacies as consultants must possess higher agronomičesko education or secondary vocational education in the field of horticulture.
(8) persons who carry out re-packaging of plant protection products on the market, must have written permission from the manufacturer for repacking of the plant protection product or by his authorized representative. The authorization must contain the name of the manufacturer, the products and the period for which the manufacturer gives permission for repacking. At the start of the action a copy of the authorisation shall be presented to the relevant regional Directorate on food safety.
(9) specific requirements in carrying out the fumigation and disinfection of areas, facilities and plant products against harmful organisms shall be determined by an Ordinance of the Minister of agriculture and food. "
§ 26. In art. 23 and following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "para. 3-5 "shall be replaced by" para. 5 and 6 ".
2. in the Al. 3 the words "the Director of the Regional Directorate for the food safety gives written statement and sends the documents in Bulgarian food safety agency" is replaced by "check of the object and shall draw up a written opinion.
3. in the Al. 4, the words "within one month of receipt of the documents and the opinion referred to in paragraph 1. 3 in the Bulgarian food safety agency "is replaced by" within 14 days of the drafting of the opinion.
4. in the Al. 5, after the words "art. 3 "there shall be added" as her size is determined depending on the number of objects in which the activity will be carried out ".
5. Al are created. 7, 8 and 9:
"(7) in the Bulgarian Agency for food safety to establish and maintain a register of permits issued, according to the fault under art. 23 and the withdrawal of authorisations under art. 23 (b), which contains:
1. the type, number and date of the authorization;
2. company name, respectively, and the single identification code or code BULSTAT of the trader;
3. the seat and address of management and representative of the merchant;
4. type and address of the entity/entities (stock, agricultural pharmacy, a workshop for repacking, storage room (cell);
5. the name of the person (s) performing/being active on the site;
6. name of the manufacturer and product name/plant protection products and a period when permission for repacking;
7. changes in the scheduled circumstances;
8. number and date of the refusal to issue a permit;
9. number and date of the order for withdrawal of an authorisation.
(8) the register shall be published on the website of the Bulgarian Agency on food safety and is updated with each change.
(9) the holder of the authorization referred to in art. 23 is obliged to notify the relevant regional Directorate on food safety for all changes in the scheduled circumstances within 7 days of the event in question. "
§ 27. In art. 23 (b), para. 1 make the following amendments and additions:
1. In paragraph 1, after the word "content" there shall be added "or when you establish trade of unauthorised plant protection products".
2. a new paragraph 3: "3. for a period of 6 months – when repackaging of plant protection products on the market without the necessary authorization under art. 23, para. 8; ".
3. paragraph 4 shall be inserted:
' 4. for a period of three months – when you establish the trading of plant protection products on the market by a person who does not possess the required education in accordance with art. 23, para. 7; ".
4. Current item 3 becomes item 5.
§ 28. In art. 23 in the word "supply" is replaced by "placing" and "after the word" line "is added and the way".
§ 29. In art. 24 (b) creates a paragraph. 4:
"(4) except in the cases referred to in paragraph 1. 1 registration shall be terminated at the request of the holder. "
§ 30. Article 24 shall be replaced by the following: "art. 24. (1) The registration shall be subject to:
1. inorganic fertilizer, possessing identification marking "EC fertiliser";
2. waste products and sludge from the treatment of waste water;
3. secondary agricultural or non-agricultural products or products of natural origin, mixed together and even received without chemical processing.
(2) the Marking "EC fertiliser" shall be placed only in cases when they are satisfied the requirements of Regulation (EC) No 2003/2003. "
§ 31. Article 24 shall be amended as follows:
"Art. 24. When placed on the market each batch of products under art. 24A, para. 1 shall be accompanied by a certificate of quality. "
§ 32. In art. 24 (e) the following amendments and supplements shall be made: 1. In para. 1 the words "the" are replaced with "on" and after the word "substrate" is added "and control of the compliance with the requirements of Regulation (EC) No 2003/2003.
2. in the Al. 2:
a) in the first sentence the words "shall take" shall be replaced by ' may take ';
(b)) the second sentence shall be deleted.
3. a new paragraph. 3:
"(3) EC fertilisers shall be tested in notified under art. 30 of Council Regulation (EC) No 2003/2003. Laboratories, established in the territory of the Republic of Bulgaria that yearn to be approved and notified in accordance with art. 30 of Council Regulation (EC) No 2003/2003, shall submit an application in the Bulgarian Agency for food safety, accompanied by a copy of the certificate of accreditation, in whose scope included examination of compliance of EC fertilisers in indicators and methods referred to in Regulation (EC) No 2003/2003. "
4. The current paragraph. 3 it al. and 4 shall be replaced by the following:
"(4) the Bulgarian food safety agency shall notify to the Commission the list of approved laboratories on the territory of the Republic of Bulgaria within the meaning of art. 30 of Council Regulation (EC) No 2003/2003. "
5. Al are created. 5, 6, 7, 8, 9 and 10:
"(5) where it is found that the consignment of fertilisers, soil improvers, biologically active substances and nutritional substrates are unregistered, unfit for use or inconsistent with the label or the accompanying documentation, the supervisory authorities of the Bulgarian food safety agency suspended them from sale and use and provide:
1. to be exported from the territory of the country at the expense of the owner;
2. to be processed by the manufacturer to achieve the stated objectives;
3. to be destroyed at the expense of the owner, if the product is hazardous to the health of humans, animals or the environment.
(6) the measures referred to in paragraph 1. 5 apply with requirements, a copy of which shall be served on the owner or his representative.
(7) the individual administrative acts under para. 6 may appeal to the Director of the Regional Directorate for the food safety under the administrative code. An appeal shall not have suspensive effect.
(8) when establishing the violation and the application of the measure referred to in paragraph 1. 5 the control authorities shall immediately notify the Executive Director of the Bulgarian Agency for food safety, which on the basis of the findings may issue an order for the immediate suspension of the placing on the market and use of a particular batch of the products as ordered, is launched, that it is withdrawn within a time limit not exceeding one month. The order must contain an order for dispatch of the consignment from the territory of the country, processing to achieve the stated objectives or if it presents a danger to the health of humans, animals or the environment, for its destruction according to the law on waste management.
(9) the order under paragraph 1. 8 may be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.
(10) in accordance with the terms laid down in the acts under paragraph 1. 5 and 8, the owner or the person having placed products on the market, present in the Bulgarian food safety agency written evidence for the implementation of the measures implemented. "
§ 33. In art. 24 is the following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1, after the word "packages" a comma and the words "or the labels" are replaced by "labels and accompanying documents;
(b)) into the word "offers" is replaced by "run".
2. Paragraph 5 shall be repealed.
§ 34. In art. 24 (g) the following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and it creates the second sentence: "the manufacturer/importer is required to maintain records of the origin of the products for the entire period during which it places on the market, and two years after that."
2. Al are created. 2 and 3:
"(2) for the placing on the market of ammonium nitrate fertilisers of high nitrogen content of each batch of them is accompanied with the certificate of resistance to detonation, issued up to three months before putting them on the market. The manufacturer/importer is required to provide in the Bulgarian food safety agency test results at least 5 days before placing the product on the market.
(3) the ammonium nitrate fertilisers of high nitrogen content shall be offered to the end user only packed. "
§ 35. In art. 25 Al is created. 5:
"(5) the phytosanitary controls on imports of places other than border crossing points shall be effected under the conditions and in accordance with procedures laid down by Decree of the Minister of agriculture and food."
§ 36. In art. 26, after the words "authorization of" insert "plant", and the word "inspectors" shall be replaced by "inspectors".
§ 37. In art. 28 after the word "through" add "approved by the Minister of agriculture and food, phytosanitary border inspection posts located on".
§ 38. In art. 33 para. 2 shall be amended as follows:
"(2) at the request of the exporters of plants and plant products, the Ministry of agriculture and food and the Ministry of Health issued a certificate for the presence of chemical and biological contaminants."
§ 39. Article 36 shall be amended as follows:
"Art. 36. is placed on the market of plant protection equipment, complying with the requirements of the law on technical requirements for products and the regulations for its implementation. "
§ 40. In art. 37, para. 1 make the following amendments and additions:
1. point 1 shall be amended as follows:
1. control test and certification of the new technique for plant protection and fertilization; ".
2. In paragraph 5, the words "and the current" shall be deleted, and after the word "control" is added "and functional technical reviews".
§ 41. In art. 39 the following modifications are made:
1. In paragraph 8. 1:
and in the text) before item 1, the words "EUR 600. up to EUR 900 "is replaced by" EUR 1800 to 3600. ";
b) points 5 and 6 are amended: "5. it places on the market, store, re-packaged or used unauthorized or unfit for use as plant protection products;
6. it places on the market or used unregistered, unfit for use or inconsistent with the accompanying documentation and/or label fertilisers, soil improvers, biologically active substances and nutritional substrates; "
in point 7) the word "offers" is replaced by "placed on the market, store, re-packaged";
d) point 9 shall be repealed.
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole traders and legal persons", and the words "900 EUR up to EUR 1200. "shall be replaced by ' up to 2700 4800 EUR".
§ 42. Art is created. 39A:
"Art. 39. (1) a fine of 1800 to 3600 EUR, if the Act does not constitute a cation, a natural person who: 1. put the marking "EC fertiliser" on a product that does not comply with the requirements of Regulation (EC) No 2003/2003;
2. does not comply with the requirements of compulsory Declaration the contents of nutrient elements in art. 6 of Regulation (EC) No 2003/2003;
3. to fulfil the obligations under art. 8 of Regulation (EC) No 2003/2003 for maintaining and providing documentation for traceability and origin of fertilizers;
4. violate the requirements for identification, marking, labelling and packaging of art. 7, 9, 10, 11 and 12 of Regulation (EC) No 2003/2003;
5. violate the requirements of art. 13 of Council Regulation (EC) No 2003/2003, in respect of tolerances;
6. do not comply with the requirements for record keeping and documentation of art. 26 of Regulation (EC) No 2003/2003;
7. do not fulfill the requirements of art. 24 g, para. 2 and art. 27 of Regulation (EC) No 2003/2003;
8. violates the provisions of art. 24 g, para. 3 for the obligatory packing of ammonium nitrate fertilizer.
(2) for infringements under para. 1 the sole traders and legal persons shall impose financial penalties in the amount of $2700. up to 4800 EUR "
§ 43. In art. 40 the following modifications are made:
1. In paragraph 8. 1 the words "$ 360. up to EUR 600 ' is replaced by ' up to 1000 EUR 2400 "and the words" art. 8, 9, 24, 26 and 24 h "shall be replaced by" art. 8, 9, art. 17, al. 1 and 4, art. 24, 24 h and 26 ".
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole proprietorship and ûridičes in others, individuals ' and the words ' 660 BGN. up to $900. "shall be replaced by ' 1900 to 3600 EUR".
§ 44. In art. 41 the following modifications are made:
1. In paragraph 8. 1, the words "EUR 600. up to EUR 900 "is replaced by" EUR 1800 to 3600.
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole proprietorship and ûridičes in others, individuals ' and the words ' 900 EUR up to EUR 1200. "shall be replaced by ' up to 2700 4800 EUR".
§ 45. In art. 42, the words "EUR 180. up to EUR 300 "is replaced by" EUR 600 to 1200.
§ 46. Art is created. 42A:
"Art. 42. (1) a fine of 1800 to 3600 EUR, if the Act constitutes a crime, a person who contravenes or fails to comply with and/or prescription to the supervisory authorities of the Bulgarian food safety agency issued in connection with the duties as officials.
(2) for infringements under para. 1 the sole traders and legal persons shall impose financial penalties of up to $2700 4800. "
§ 47. In art. 43 the following modifications are made:
1. In paragraph 8. 1, the words "EUR 480. up to EUR 600 ' is replaced by ' up to 1500 EUR 2400 ".
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole proprietorship and ûridičes in others, individuals ' and the words ' 780 EUR up to EUR 900 "is replaced by" EUR 2400 to 3600.
§ 48. In art. 44 the following modifications are made:
1. Paragraph 1 shall be amended as follows:
(1) a fine of up to $1500 4800, if the Act constitutes a crime, the individual who places on the market, store, re-packaged without the necessary authorisation of plant protection products intended for sale, or to carry out fumigation and disinfection of areas, facilities and plant products against harmful organisms without the necessary authorization. "
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole proprietorship and ûridičes in others, persons" and the words "EUR 1200. up to $1500. "shall be replaced by ' up to 3600 EUR 6000.
§ 49. Art is created. 44A:
"Art. 44. (1) a fine of 500 to 1000 EUR, if the Act constitutes a crime, the individual who experiences with research and experimental purposes not authorised plant protection products without the required authorization under art. 16 a, para. 1.
(2) for infringements under para. 1 the sole traders and legal persons shall impose financial penalties from 1000 to 2000 euro. "
§ 50. In art. 45 the following modifications are made:
1. In paragraph 8. 1, the words "EUR 180. up to EUR 420 "is replaced by" EUR 600 to 1600 ".
2. in the Al. 2 the words "legal persons" shall be replaced by the words "sole traders and legal persons" and the words "$ 600. up to EUR 900 "is replaced by" EUR 1800 to 3600.
§ 51. Create art. 46A and 46b:
"Art. 46. Violations of this law other than those referred to in this chapter, the guilty persons are punishable by a fine of 100 to 500 EUR and sole traders and legal persons – with a penalty payment in the amount of 500 to 1000 EUR
Art. 46b. For breach of regulations and other normative acts for the implementation of this Act for which no sanctions are provided for in this chapter, the guilty persons be imposed a fine of 50 to 250 EUR, while the sole traders and legal persons – penalty payment in the amount of $250 to 750. "
§ 52. In § 1 of the supplementary provision the following amendments and additions:
1. In paragraph 25, the word "offers" is replaced by "run".
2. In paragraph 32, the word "offers" is replaced by "run".
3. Section 35 is amended as follows:
"35." parallel trade of plant protection products on the market "means placing on the market of the Republic of Bulgaria of the plant protection product is identical to the plant protection product already authorised in the country."
4. In paragraph 36, after the words "quality" is added "good experimental practice and".
5. In paragraph 37, the word "supply" is replaced by "placing".
6. Section 38 shall be amended as follows:
"38." Original plant protection product ' means plant protection product for which authorisation, which contains the active substance, whose manufacturer has stated him or participated in qualifying for inclusion in the list of active substances authorised in the European Union. "
7. Section 40 is amended as follows:
"40." placing on the market "means any supply, whether in return for payment or free of charge, which is not intended for storage, followed by expedition outside the territory of the Republic of Bulgaria. Storage for the purposes of delivery is deemed to be placing on the market. Imports to the territory of the Republic of Bulgaria shall be considered for placing on the market. "
8. In paragraph 41, after the words "the principles of" insert "good experimental practice and".
9. In paragraph 43, after the word "producer" shall be added ' or cultures are widespread, but the use is necessary to meet the emergency needs. "
10. Create t. 53-63:
"53. Ammonium nitrate fertilisers of high nitrogen content" are straight or compound ammonium nitrate-based fertilisers containing more than 28 per cent by mass of nitrogen in relation to ammonium nitrate.
54. "Good experimental practice" is a system of basic rules for the Organization of trials under field conditions, which provides implementation, reporting, recording, evaluation and interpretation of experiments to be carried out so that their results are in accordance with the provisions of the guidelines and of the 152 181 European and Mediterranean plant protection organisation (EPPO).
55. "Equivalence" is the determination of the chemical composition, represented by different sources of technical materials. In the event that the new source represents a similar or lesser threat compared to the source, the new source can be considered the equivalent of the reference source.
56. "a co-formulant is an inactive compound other than the active ingredient, added to a plant protection product.
57. "Unfit plant protection products and fertilisers" means products with expiration date and/or with altered physical and chemical properties.
58. "batch" within the meaning of chapter two, section V is a quantity of fertilisers, soil improvers, biologically active substances and nutritional substrates, packaged or in bulk, which is homogeneous in terms of type, composition, quality, name, place of origin and the person who packaged them, accompanied by the same commercial document or document for quality.
59. "behaviour in the environment of the plant protection product ' is the impact of products on the components of the environment and the possibility under the conditions of their use to fall in soil, pollute groundwater and surface water and to spread in the air.
60. "retail sale of plant protection products ' means all activities of acquisition, delivery, storage in stock for sale or sale of plant protection products in agricultural pharmacies of the end user.
61. Wholesale trade of plant protection products ' means all activities consisting of a sale, acquisition, import, supply, storage, supply or export of plant protection products on the market, with the exception of the retail trade in plant protection products.
62. Phytosanitary inspectors "are experts possessing the necessary qualifications for plant-health control, intended for that.
63. "" Fumigation is a method for the destruction of pests based on the use of gases in hermetically sealed spaces. "
§ 53. In other texts of the Act the words "marketing", "marketing" and "offer" are replaced by "placing on the market", "placing on the market" and "place".
Final provision
§ 54. 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 23 March 2011 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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