Law Amending And Supplementing The Law On Biological Diversity

Original Language Title: Закон за изменение и допълнение на Закона за биологичното разнообразие

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Name of law Law amending and supplementing the law on biological diversity Name of Bill a bill amending and supplementing the law on biological diversity date adopted 27/07/2010 number/year Official Gazette 62/2010 Decree No 224

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria


To be published in the Official Gazette the law amending and supplementing the law on biological diversity, adopted by the National Assembly of the HLI, 27 July 2010.

Issued in Sofia on July 30, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova


amending and supplementing the law on bio-logical diversity (promulgated, SG. 77 of 2002; amended and 88/105 by 2005, issue 29, 30, 34 and 80 of 2006, issue 52, 53, 64 and 94 in 2007, no. 43 of 2008 and no. 19, 80 and 103 of 2009.)

§ 1. In art. 8, al. 1, paragraph 4, the word "forms" is replaced by "forms".

§ 2. In art. 11, para. 2 the word "two" is replaced by "four".

§ 3. In art. 16 the following endorsements are added:

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

"5. the change of the subject matter and/or objectives of conservation."

2. a para. 6:

"(6) Change in al. 1, item 5 is permissible in the event of a new data set after the announcement of a protected zone by the procedure of art. 12, al. 6, and shall be made only after their coverage in the standard form of the art. 8, al. 1, item 4. Minister of environment and waters issued instructions for the order and the manner of recording the new data in the standard forms of art. 8, al. 1, item 4. "

§ 4. In art. 30, para. 1, after the words "under art. 12, al. 6 "a comma and add" art. 16, al. 4. "

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

1. In paragraph 8. 1, after the words "can be" added "significant".

2. Paragraph 3 shall be repealed.

3. in the Al. 7, after the word "decision" shall be added "and you can define specific conditions, requirements and measures for the conservation of the protected area in implementing the plan, program or project investment proposal".

4. in the Al. 14, after the words "in the case of Al ' is added. 7 and ".

5. Paragraph 20 shall be amended as follows:

(20) in the cases referred to in para. 9 and 10 assessment of the extent of the impact of the plan, program or project investment proposal on natural habitats and habitats of species – the subject of conservation in the protected area, shall be awarded by the sponsor of the team of experts with experience in the field of conservation of habitats and/or species, at least one of them has a degree in one of the specialties in a professional direction "biological sciences". Experts must meet the following requirements:

1. to have a university degree, master's degree;

2. have experience in the specialty for at least 5 years;

3. carry out or have expertise in research and/or expert activity, including the production of reports, written advice or environmental analyses and others in the field of conservation of habitats and species listed in annexes 1 and 2;

4. be familiar with the current Bulgarian and European legislation in the field of environmental protection and while dealing with guest under para. 9 and 10 refer to and comply with these requirements and with the available methodological documents;

5. you are not personally interested in the realization of the plan, program or project investment proposal – subject to the assessment procedure for compatibility;

6. are not related persons within the meaning of the commercial code;

7. not to be found with the contracting authority or the competent authority in the relationship, giving rise to reasonable doubts about their impartiality. "

6. a para. 21:

(21) the competent authority shall in its discretion or at the request of the contracting authority may require the collective under para. 20 to include experts with specific competence in accordance with the specifics of the plan, program or project investment proposal. "

§ 6. In art. 31 (a), para. 2 the following endorsements are added:

1. In paragraph 1, after the words "special features" are added "reconciliation".

2. an item 10:

"10. the conditions and procedures for issuing decisions on the termination of the procedure for the assessment of compatibility."

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

1. In paragraph 8. 1 finally added, "with the exception of those produced as a result of the traditional hunting of inuitskite peoples".

2. paragraph 2 is replaced by the following:

(2) importation and marketing of seal products from species other than those referred to in paragraph 1. 1 shall be carried out in accordance with Regulation (EC) no 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OB, L 286/36 from 31 October 2009). "

3. in the Al. 3 the words "para. 2 "are replaced by" para. 1 which are produced as a result of the traditional hunting of inuitskite peoples ".

§ 8. In art. 128 (a) after the words "art. 43 (a), para. 1 "a comma and add the number" 2 ".

§ 9. In § 1, item 31 (b) of the additional provision, after the words "the environmental protection act" is added "except for projects that require spatial planning act".

Transitional and final provisions

§ 10. Started on the date of entry into force of this law procedures under art. 31, para. 1 completed in the previous row.

§ 11. The Council of Ministers shall, within 30 September 2010 brings the Ordinance under art. 31 (a) in accordance with the requirements of this Act.

§ 12. The law shall enter into force on the day of its publication in the Official Gazette with the exception of § 5, which shall enter into force on September 30, 2010.

The law was adopted by 41-Otto National Assembly of 27 July 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva: