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Law On Census Of Agricultural Holdings In The Republic Of Bulgaria In 2010.

Original Language Title: Закон за преброяване на земеделските стопанства в Република България през 2010 г.

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Name of the law, law on the Census of agricultural holdings in the Republic of Bulgaria in 2010.




The name of the Bill a Bill to census of agricultural holdings in the Republic of Bulgaria in 2010.





Acceptance date 09/12/2009 number/year Official Gazette 102/2009 Decree No 400

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 on census of agricultural holdings in the Republic of Bulgaria in 2010, adopted by the National Assembly of the HLI, 9 December 2009.

Issued in Sofia on December 16, 2009.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

Law on census of agricultural holdings in the Republic of Bulgaria in 2010.

Chapter one

GENERAL

Art. 1. (1) this law shall be governed the preparation, organization and conduct of a census of agricultural holdings in the Republic of Bulgaria in 2010, hereinafter referred to as the "census".

(2) the census is carried out in order to:

1. establishing the structure of agricultural holdings in the country;

2. providing statistics that is comparable for all Member States of the European Union, on the structure of agricultural holdings, needed for the development of the common agricultural policy of the community, using standard classifications and common definitions for the characteristics of the research;

3. the survey on agricultural production methods and the use of resources in farms;

4. improvement of government regulation;

5. updating of the statistical methods of agriculture;

6. construction of a statistical register of agricultural holdings.

Art. 2. The Census under art. 1 shall be made by:

1. the preparation, including the compilation of a comprehensive list of farms and the Census test in art. 20;

2. collection of information on the spot for each farm by the list referred to in paragraph 1 by statistical questionnaire, including the characteristics of agricultural holdings;

3. summarize and disseminate the data.

Art. 3. (1) the Anketiraneto of farms begins in h. 8.00 on September 1, 2010 and ends at 20.00 hrs., 30 November 2010.

(2) on the proposal of the Central Committee on the census period under para. 1 may be extended by order of the Minister of agriculture and food, but not more than two months.

(3) for the sake of completeness of the collected information and accuracy in data coverage begins on September 2, 2010, and ends three months after the end of the anketiraneto in al. 1, respectively, at para. 2.

(4) in census collect data on agricultural holdings for 2009-2010 for the characteristics in accordance with Annex 1:

1. under item 6 and 17 is collecting data for a period of 12 months ending on 31 August 2010;

2. under item 12 – 31 August 2010;

3. under item 15 – for a period of three years ending on 31 December 2010.

Chapter two

OBJECT AND SCOPE OF MONITORING

Art. 4. Monitored census farms.

Art. 5. scope of monitoring are all farms, corresponding to at least one of the criteria in annex No. 2.

Art. 6. in the Census of agricultural holdings are collected data about them on the characteristics in accordance with Annex 1.

Art. 7. (1) the authority of statistics at the Ministry of agriculture and Forests shall draw up the final lists under art. 2, item 1.

(2) National Statistical Institute provides the statistics in the Ministry of agriculture and food information from non-supported registers under art. 7, para. 1, item 12 of the law on statistics.

(3) Administrative units in the Ministry of agriculture and food, other State structures and interbranch organisations are obliged to provide free information and/or data from registries that support, for compiling the list under art. 2, item 1 of the stats in the Ministry of agriculture and food.

(4) the public authorities, bodies of local government and other public institutions provide information to the census by the procedure of art. 20, para. 6 of the law on statistics.

Chapter three

AUTHORITIES OF THE CENSUS

Art. 8. Minister of agriculture and food, in conjunction with district governors and the mayors of the municipalities organize and manage the Census of agricultural holdings.

Art. 9. the authorities referred to in the census are:

1. the body of statistics at the Ministry of agriculture and food;

2. the regional directorates ' agriculture ';

3. The Central Commission for the Census;

4. the regional commissions in the Census;

5. the controllers;

6. the interviewers.

Art. 10. Minister of agriculture and food:

1. Approves the statistical questionnaire under art. 2, item 2, and methodologies for completion and for the keeping of the documents needed for the Census;

2. submit to the Council a report on the completion of the Census and for the main results of it by 31 December 2012.

Art. 11. The statistics in the Ministry of agriculture and food:

1. provides overall coordination and leadership metodologičeskoto in the preparation and conduct of the census in all the administrative-territorial units of the State within the meaning of the law on administrative-territorial unit of the Republic of Bulgaria;

2. develop a program of census of agricultural holdings in 2010, hereinafter referred to as "program of the Census", in accordance with the Bulgarian legislation and European Union law;


3. align census Toolkit with the National Institute of statistics;

4. to manage and carry out promotional activity among the population of the objectives and tasks of the Census;

5. collect information about farms and shall draw up a preliminary list of holdings;

6. Approves the distribution of agricultural holdings by counting areas and control areas;

7. organizes and manages the training of participants in the Census;

8. determine the agricultural holdings, in which control of information collected;

9. process and disseminate the results of the Census and draw up a methodological report under art. 12, § 1, of Regulation (EC) no 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 (OJ L 321/14 of 1 December 2008), hereinafter referred to as "Commission Regulation (EC) no 1166/2008".

Art. 12. The regional directorates for agriculture ":

1. carry out a general methodological manual on census on the ground;

2. organized in collaboration with the regional commissions, with the assistance of the Census bodies of local self government check and update the list of farms under art. 2, item 1;

3. the offer of the stats in the Ministry of agriculture and food regionalization of agricultural holdings by counting areas and control areas;

4. carry out inspections on farms and in communities on the progress of the Census and for the work carried out pursuant to the technology and methodology of the Census;

5. organized in collaboration with the regional commissions on the Census and the bodies of local self-government awareness among the population about the objectives and tasks of the Census;

6. prebroitelnite distributed the materials needed for the census, by municipalities and settlements;

7. carry out the training of participants in the census in the area, municipalities and settlements;

8. adopt and prebroitelnite of materials screened controllers;

9. organize the encoding of statistical questionnaires, the introduction of the individual data of technical media and sending them to the Ministry of agriculture and food.

Art. 13. (1) the Central Census Commission is a temporary body which consists of the President – a representative of the Ministry of agriculture and food, Vice President – representative of the National Institute of statistics, Secretary-representative of the Ministry of agriculture and food, and members who are representatives of the Ministry of agriculture and food, the Ministry of the Interior, General Directorate for civil registration and administrative service, Ministry of regional development and public works industry, non-governmental and professional organizations in agriculture and representative organizations of the employers and the employees.

(2) the Name of the Central Committee line-up on the census is determined by order of the Minister of agriculture and food, on a proposal from the heads of the relevant departments and organizations under para. 1. (3) the Minister of agriculture and Forests shall appoint the Commission within one month of the entry into force of the law.

(4) the Commission shall be headed by its Chairman.

(5) Central Committee on the Census:

1. discusses and gives opinions on the program of the census in other documents of the Organization, preparation and conduct of the Census and set criteria for the selection of interviewers and supervisors;

2. discuss and propose measures for elimination of omissions and errors in the work of the authorities responsible for carrying out the Census;

3. accept and evaluate the results of the Census and make its completion;

4. draw up to 30 June 2011, a report to the Minister of agriculture and food, and to the President of the National Institute of statistics about the performance of the tasks of the Census and for the main results of it.

Art. 14. (1) within 10 days of the appointment of the Central Commission for the census in each area creates a census district.

(2) the County census committees have from 5 to 9 members and shall be appointed and removed by the President of the Central Committee on the census at the suggestion of the heads of the agencies and organizations under para. 4.

(3) the Chairman of the Regional Committee on the census is the Director of the Regional Directorate for agriculture.

(4) in the composition of the regional commissions in the Census include experts on agrostatistika by the regional directorates of agriculture, professionals from territorial statistical offices, employees of the regional and municipal administrations, officials from the regional directorates of Internal Affairs and officials of the territorial units of the Directorate General for civil registration and administrative service, Ministry of regional development and public works.

(5) the activities of the regional census is led by its President.

(6) the Regional Committee on the Census:

1. ensure the proper conduct of the census in the field in accordance with the program of the Census with the methodologies established by the Minister of agriculture and food;

2. determine locations for which there will be chaperones;

3. take measures to rectify the omissions and errors in the work of the authorities responsible for carrying out the census in the field;


4. inform the Ministry of agriculture and food preparation and conduct of the census in the field;

5. draw up, by 31 March 2011, report to the Central Committee on the Census for obtaining materials in prebroitelnite District Department of agriculture and the Census of the territory of the region.

Art. 15. Minister of agriculture and food at the suggestion of the regional commissions on the Census determines by order interviewers and supervisors.

Art. 16. (1) the Anket′or″t performed the immediate filling of statistical questionnaires. In the collection of personal data is governed by the anket′or″t methodologies for filling statistical questionnaires, by the instructions of the controller and the Chairman of the Regional Committee on the census.

(2) if necessary, in localities with particular local conditions under art. 14, para. 6, item 2, in which interviewers have difficulty in its activities, the mayors determined companions. Attendants assist interviewers and carry out their instructions.

Art. 17. (1) the controller shall direct, supervise and assist the interviewers from his area. He is responsible for the completeness of the data recorded in the statistical questionnaires by interviewers.

(2) the controller in its activity is guided by the statistical methodologies for filling in the questionnaires and, where necessary, seek the assistance of the President of the Regional Committee on the census.

(3) the controller collects documents from the prebroitelnite interviewers and compiles aggregate data table for the control area in provisional timetable prepared by the district Directorate of Agriculture "and approved by the authority for statistics in the Ministry of agriculture and food.

Art. 18. Persons designated for interviewers and supervisors undergo training courses organised by the regional directorates of agriculture.

Chapter four

FUNDING OF THE CENSUS

Art. 19. (1) the funds required for the census are provided from the State budget target and on the conditions of art. 13 of Council Regulation (EC) no 1166/2008.

(2) the resources of the Al. 1 be expended as planned-Bill, proposed by the Minister of agriculture and food and approved by the Minister of finance.

Chapter five

ORDER AND WAY OF CONDUCTING THE CENSUS

Art. 20. (1) the Minister of agriculture and forests, with the assistance of regional governors and the mayors of the municipalities organise pilot census as the first stage of the census. The purpose of the test census is to experiment, conduct and organization of the Census Toolkit.

(2) the Minister of agriculture and foodstuffs lays down the settlements, which conducts the Census test.

(3) a Test census is carried out in the period from 1 April 2010 to 1 May 2010.

(4) the results and the findings of the test census shall be taken into account in the conduct and organization of the Census Toolkit.

Art. 21. (1) in the performance of their duties during the Census interviewers alone or with companions visited farms in your area prebroitelen each calendar day from 8.00 up to 20.00 p.m. Anketiraniât may request a visit to be made at other times, indicating the reasons therefor.

(2) farmers and farm managers are required to provide the access to the Census Office and/or business buildings in time for al. 1.

(3) farmers or farm managers are required to provide information on Annex 1 in accordance with art. 20, para. 1 and 3 and art. 21 of the law on statistics.

Art. 22. the census authorities receive data for agricultural holdings by the holder, by the head of the holding or by written authorized by the holder or by the person's head.

Art. 23. (1) for the conduct of the census, the Ministry of agriculture and food can attract persons under civil contract.

(2) the directors of the regional directorates of agriculture after the award of the Minister of agriculture and Forests shall conclude contracts under para. 1 with interviewers, supervisors and attendants.

(3) every anket′or, controller and an escort will be issued a badge number, containing their name, photo and period of validity. The model of the card is made public through mass media. After the completion of the census service cards are returned to the County directorates for agriculture "together with prebroitelnite material.

(4) the persons referred to in para. 3 are required when visiting the farms to identify themselves with the company card.

Art. 24. data on agricultural holdings in annex 1 are collected by statistical questionnaire.

Art. 25. In carrying out the controls using questionnaires for:

1. check the accuracy of the data recorded;

2. examination of the completeness of the list of farms.

Art. 26. The statistics in the Ministry of agriculture and food, summarizes the regional departments agriculture data under art. 12, item 9.

Art. 27. (1) the Minister of agriculture and food on the basis of the aggregated data referred to in art. 26 shall submit to the Council a report on the completion of the Census and for the main results of it until 31 December 2011.

(2) the results of the census, included in the report referred to in para. 1, to be published in special issues of Ministry of agriculture and food, and on the website of the Ministry.


(3) the Validated results of Census and related national methodological reports under Regulation (EC) no 1166/2008 shall be made available in electronic form to the Commission by the Minister of agriculture and food in the measures provided for in the regulation time-limits.

Chapter six

CONFIDENTIALITY OF DATA AND PROTECTION OF PRIVACY

Art. 28. (1) the statistical information obtained after processing of statistical questionnaires is used only for statistical purposes.

(2) it is prohibited to disseminate in any way the personal data obtained at the time of the census.

Art. 29. (1) the personal census data shall be protected in accordance with the requirements of this Act and the Statistics Act.

(2) the personal data obtained from the Census cannot be used as evidence before the authorities of the Executive and the judiciary.

Art. 30. (1) it shall be prohibited to persons who collect, control, and process the data in the census, to disclose or make available to other persons and organizations personal or aggregated data obtained at the time of the census.

(2) the prohibition under para. 1 shall also apply after the termination of the work with the data.

Art. 31. (1) the Minister of agriculture and food is required to ensure the protection of personal data, such as take appropriate organizational and technical measures and allowed to work with the data only individuals signed sworn affidavits to maintain secrecy.

(2) the Interviewers, supervisors and attendants sign affidavits under para. 1 upon receipt of their maps under art. 23, para. 3.

Art. 32. (1) the completed at the time of the census statistical questionnaires are destroyed after the expiry of a period of three years from the date of validation of the results, but no earlier than 2016.

(2) the order and the manner of disposal of statistical questionnaires are determined by an order of the Minister of agriculture and food.

Chapter seven

ADMINISTRATIVE PENAL PROVISIONS

Art. 33. A person who does not provide interviewers data under art. 6 or provide incorrect data is punishable by a fine of 1000 to 2000 BGN.

Art. 34. Anket′or, controller or any other person by the census authorities under art. 9, which does not comply with its obligations under this Act, is punishable by a fine of 500 to 1000 EUR

Art. 35. a person who has access to personal data and make them available or used for purposes other than those referred to in art. 28 or violated the prohibition under art. 30, is punishable by a fine of 2000 to 6000 EUR, if the Act does not constitute a crime.

Art. 36. (1) the infringements are noted with the acts drawn up by officials.

(2) the Minister of agriculture and food at the suggestion of the regional commissions in the Census determined by order the persons referred to in para. 1 find infringements with acts.

(3) on the basis of the acts necessary to demonstrate that the Minister of agriculture and food or authorised by him shall issue official penalties.

(4) Drafting of acts, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "agricultural holding" or "holding" is a single unit both technically and economically, which has single management and which produces agricultural products or maintain agricultural land which is no longer used for production purposes, in good agricultural and environmental condition within the meaning of art. 2 (a) of Regulation (EC) no 1166/2008.

2. a "farmer" means a natural or legal person-owner, tenant or user of the holding, on behalf of or on account of which the farm operates. He brings the legal and economic responsibility for the operation of the farm and take the risk.

3. "the head of the agricultural holding" is a natural person who carries out the direct day-to-day management of the holding.

4. "marketing year" means the period from 1 October to 30 September of the following year or to harvest.

5. "Prebroitelen station" is a territory defined by a census anket′or.

6. "personal data" are obtained for statistical purposes, the individual data which may relate to the business or other entity, operating in the territory of the Republic of Bulgaria.

7. "Toolbox" is a collection of all the documents and technical resources necessary for the preparation, organization and conduct of the census.

8. "the results of the Census" is this cumulative information from the processed data for farms and carried out on the basis of these analyses.

9. "the coding of the statistical questionnaire" is putting the individual number of each holding.

§ 2. Statistical register of agricultural holdings shall be established according to art. 28 and 29 of the law on statistics.

§ 3. This law created the conditions for the application of Council Regulation (EC) no 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88.

§ 4. Notification of the European Commission under art. 7 § 3 of Regulation (EC) no 1166/2008 shall be carried out by the Minister of agriculture and food.

FINAL PROVISIONS

§ 5. The implementation of the law is entrusted to the Minister of agriculture and food.

§ 6. In the animal health business (edu., SG. 87 of 2005; amend., SG. 30, 31, 55 and 88 from 2006, and 51/84 of 2007, issue 13, 36 and 100 from 2008 and no. 27, 35 and 74 of 2009) make the following amendments and additions:


1. In art. 298 Al is created. 4:

"(4) the requirements of paragraphs 1 and 2. 1, item 2 and al. 2 and 3 shall not apply to consignments of VMPS, produced in Member States or in third countries, which are examined in the Member State for which it has issued a certificate in analytical art. 357, which accompanies the consignment. "

2. In paragraph 9 of the transitional and final provisions:

and the current text) became al. 1;

(b)) is hereby set up al. 2:

(2) Holders of permits for use and registration certificates for STATUS under para. l may before expiry of the time limit to submit an application for the issuance of a license for use of these VMPS pursuant to this law. In these cases, art. do not apply 289. "

The law was adopted by 41-Otto National Assembly of 9 December 2009 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

Annex No 1 to art. 3, al. 4

A list of the main features that will be observed in the conduct of a census of agricultural holdings in the Republic of Bulgaria in 2010.

1. Administrative and geographic data for the farm:

a) location of the holding;

b) head office address of the holding;

the identification code of the holding) – ID NUMBER of individuals or UIC BULSTAT – for the legal persons;

d) legal status of the holding;

(e)) form of accounting record.

2. data for the head of a farm shall:

(a) the full names);

(b));

in agricultural education).

3. the Used agricultural area (UAA) – a type of ownership and stewardship.

4. Organic farming – the strands.

5. the Purpose of the production of the holding.

6. the distribution of areas under crops:

a) cereals;

b) protein and leguminous crops;

in industrial plants);

d) oilseed crops;

e) fibre plants;

f) medical and aromatic plants;

g) forage crops;

(h));

) and fresh vegetables, watermelons, melons and strawberries;

k), flowers and ornamental plants;

l.) seeds and seedlings;

m) fallow land;

h) permanent grassland, including maintained in good agricultural and environmental condition;

o) permanent crops;

p) family gardens;

p) total utilised agricultural area.

7. unused agricultural land, forest and other land.

8. production of cultivated mushrooms.

9. Irrigated area.

10. Energy crops (for the production of biofuels or other renewable energy).

11. Genetically modified crops.

12. Farm animals on the holding:

a) bovine animals;

b) Buffalo;

c) equidae;

d) sheep;

e) goats;

It is);

(g));

h) rabbits;

and bees);

k) silkworms;

(l)).

13. Machines and equipment:

a) machinery;

(b)) equipment used for renewable energy production by type of energy source.

14. Other gainful activity:

a) directly related to the holding;

(b)) work other than agriculture and off-farm.

15. Contribution to the development of rural areas – holdings that have benefited in the types of rural development measures.

16. the survey on agricultural production methods:

a) cultivation methods;

b) soil conservation;

in) the characteristics of the surrounding environment;

d) animal grazing;

e) farm buildings for livestock;

is the application of manure);

g) facilities for the storage and processing of manure;

(h)).

17. information for workers on the farm: a) permanently employed workers – family and non-family labour;

b) workers, temporary, seasonal or for services.

Annex 2 to the art. 5 the Census cover all agricultural holdings satisfying at least one of the following criteria:

1. Process (runs) at least:

a) 5 hectares of utilized agricultural area;

b) 3 acres of arable land;

in 5 acres of natural meadows);

d) 1 acre fruit plantations (pure culture);

e) 1 acre vineyard;

f) 1 acre (clean) specialized crops (vegetables, hops, tobacco, spices, medicinal and aromatic plants, flowers, ornamental plants, berries, mushrooms, nurseries, etc.);

g) 0.5 hectares of greenhouses.

2. Raise at least:

a cow);

(b) Buffalo);

in bovine animals);

d) 2 Buffalo;

e) 1 female for breeding (equidae);

It is) 2 working animals (equine);

g) 5 pigs;

h) 1 sow;

ewes and 5);

k) 2 goats;

l) 50 laying hens;

m) 100 chickens for fattening;

h) 10 families;

o) 10 rabbit;

p) 1 reproductive male animal used for naturally cover – Bull, Stallion, boar;

p) special types of animals or birds – quail, 1000 30 other birds (turkeys, geese, ducks and others), ostriches, angora goats, angora rabbits, mink, nutria, silkworms and others.

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