Name of law Law amending and supplementing the law on cultural heritage of the Name Bill WALL of the law on cultural heritage date of acceptance 05/11/2009 number/year Official Gazette Decree No 92/2009 378

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 cultural heritage, adopted by the National Assembly of the HLI, 5 November 2009.

Issued in Sofia on 16 November 2009.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on cultural heritage (official SG. 19 of 2009; Decision of the Constitutional Court No. 7 of 2009 – No. 80 of 2009.)

§ 1. In art. 14 is hereby amended as follows:

1. In paragraph 11, the words "Regulation (EEC) No 3911/1992 of 9 December 1992 on the export of cultural goods" and "3911/1992 Regulation ' shall be replaced by ' Regulation (EC) No 116/2009 of the Council of 18 December 2008 on the export of cultural goods (OJ L 10, 39/1 February 2009)" and "Regulation 116/2009".

2. point 12 is replaced by the following:

"12. coordinates, organizes and controls the work of:

a) the return of illegal export movable cultural property – a national treasure;

(b) the protection of cultural heritage), connected with the Bulgarian history and culture, outside the territory of the Republic of Bulgaria;

the real monitoring) cultural values;

d) methodology and setting modes for the protection of immovable cultural values and their environment; ".

3. point 13 shall be replaced by the following:

13. agreed development schemes and plans, conservation and management plans, and project documentation for real cultural values, as well as works in their premises and the security zones, in accordance with the provisions of this Act and the spatial planning act; ".

§ 2. In art. 15, para. 1, the words "which is directly subordinate to the Minister of culture shall be deleted.

§ 3. In art. 16 is made the following changes and additions:

1. Paragraph 4 is hereby repealed.

2. in the Al. 6, after the words "of the Ministry of culture" is added "and the minimum requirements for the occupation of posts" Inspector "– with the single classification of posts in the administration."

§ 4. Article 18 shall be amended as follows:

"Art. 18. (1) the National Institute of immovable cultural heritage (NINKN) is a public cultural institution of national importance with research and expert functions in the field of immovable cultural heritage. The National Institute of immovable cultural heritage may set up branches of the territorial principle.

(2) the National Institute of immovable cultural heritage is a secondary authorising officer to the Minister of culture. "

§ 5. Article 19 shall be amended as follows:

"Art. 19. the National Institute of immovable cultural heritage:

1. assist the Minister of culture in the exercise of its powers in carrying out the State policy in the field of conservation of immovable cultural heritage;

2. interact with cultural institutes, scientific and other organizations in the country and abroad in the field of immovable cultural heritage;

3. conduct research on the search and examination of the immovable cultural heritage and methodology in this field;

4. draw up comprehensive assessments and scientifically motivated proposals for registration of immovable cultural property;

5. propose to the Minister of culture to determine the arrangements for the protection of immovable cultural property, draw up projects of conservation and management plans, opinions, expertise for business negotiations, routine jobs, pilot projects and other immovable cultural heritage;

6. carry out a specialized documentation of real cultural values and digitize the information available to them;

7. maintain a national register of immovable cultural property with the National Archive Fund and information centre;

8. establish, maintain and develop automated informational system of immovable cultural heritage;

9. performs other powers set out in the law. "

§ 6. In art. 20 the abbreviation "NIONKC" is replaced by "NINKN".

§ 7. In art. 57 the following modifications are made:

1. In paragraph 8. 1 in the text before point 1, the words "by NIONKC, the Center for underwater archaeology" is replaced by "from NINKN".

2. in the Al. 2, the words "by NIONKC" shall be replaced by ' of NINKN '.

§ 8. In art. 58 the following modifications are made:

1. In paragraph 8. 1 the abbreviation "NIONKC" shall be replaced by "Ministry of culture".

2. in the Al. 2 the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

3. in the Al. 3 the abbreviation "NIONKC" shall be replaced by "Ministry of culture".

§ 9. In art. 59 the following modifications are made:

1. In paragraph 8. 1 the words "NIONKC" are replaced by "the NINKN".

2. in the Al. 2 the abbreviation "NIONKC" is replaced by "NINKN".

§ 10. In art. 60 words "National Institute for the conservation of immovable cultural property" shall be replaced by ' the National Institute of immovable cultural heritage ".

§ 11. In art. 61 the abbreviation "NIONKC" is replaced by "NINKN".

§ 12. In art. 62 the following modifications are made:

1. In paragraph 8. 1 the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

2. in the Al. 2 the words "the National Institute for the conservation of immovable cultural property" shall be replaced by the "Ministry of culture".

§ 13. In art. 63, the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

§ 14. In art. 64 the following modifications are made:

1. In paragraph 8. 1 the words "NIONKC" are replaced by "the NINKN".

2. in the Al. 2 the words "NIONKC" are replaced by "the NINKN".


§ 15. In art. 66, para. 1 the words "the Director of the NIONKC shall notify the municipal administrations and the relevant regional Inspectorate for protection of cultural heritage" are replaced with "Minister of culture through the relevant regional Inspectorate for protection of cultural heritage shall notify the municipal administrations.

§ 16. In art. 67, para. 2 the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

§ 17. In art. 68 is hereby amended as follows:

1. In paragraph 8. 1 the words "the National Institute for the conservation of immovable cultural property" shall be replaced by ' the National Institute for the immovable cultural heritage ".

2. in the Al. 2 the abbreviation "NIONKC" is replaced by "NINKN".

3. in the Al. 4 the abbreviation "NIONKC" is replaced by "NINKN".

§ 18. In art. 71, para. 1 is hereby amended as follows:

1. In paragraph 2 the abbreviation "NIONKC" is replaced by "NINKN".

2. In paragraph 3 the words "NIONKC" are replaced by "in accordance with art. 84, para. 1. "

§ 19. In art. 72 the following modifications are made:

1. In paragraph 8. 3 the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

2. in the Al. 4, the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

3. in the Al. 5, the words "the Director of the NIONKC ' shall be replaced by" Minister of culture ".

4. Paragraph 6 is replaced by the following:

"(6) the Minister of culture through the relevant regional Inspectorate shall immediately notify the Mayor of the municipality for the prescriptions."

§ 20. In art. 73, para. 1, the words "two representatives of the NIONKC ' shall be replaced by ' two representatives of the Ministry of culture and a representative of the NINKN ' and the words ' three representatives of the municipality" shall be replaced by ' two representatives of the municipality ".

§ 21. In art. 74 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "(a) in the cases under art. 59, para. 4 – the Director of the NIONKC ' shall be deleted and the second sentence: "the first sentence shall also apply in the cases under art. 59, para. 4. "

2. in the Al. 2:

a) in the first sentence the word "bodies" is replaced by "authority" and the abbreviation "NIONKC" shall be replaced by "Ministry of culture";

(b) in the second sentence) "NIONKC" shall be replaced by ' in accordance with art. 84, para. 1. "

3. in the Al. the words "or the Director of the NIONKC ' shall be deleted.

§ 22. In art. 79 para. 9 shall be repealed.

§ 23. In art. 80 the following modifications are made:

1. In paragraph 8. the words "with the NIONKC prior to their approval by the procedure of art. 84 ' is replaced by ' in accordance with art. 84 before their approval.

2. in the Al. 4, the words "the National Institute for the conservation of immovable cultural property refused to concur" are replaced by "does not agree".

§ 24. In art. 82 para. 2 shall be amended as follows:

"(2) where the plans for the conservation and management are awarded and funded by the persons under art. 67, para. 2 and from municipalities, their tasks and plans drawn up before their adoption in accordance with para. 3 the Minister of culture by the procedure of art. 64. "

§ 25. In art. 83 following amendments and supplements shall be made:

1. In paragraph 8. 1 in the text before point 1, the words "NIONKC" are replaced by "in accordance with art. 84, para. 1. "

2. in the Al. 2 the words "NIONKC" are deleted.

3. in the Al. 3 the abbreviation "NIONKC" is replaced with "Minister of culture or authorised by officials" and the words "NIONKC" are replaced by "in accordance with art. 84, para. 1. "

4. in the Al. 4 the abbreviation "NIONKC" shall be replaced by "authority under para. 3. "

5. in the Al. 5, the words "Minister of culture" shall be replaced by the words "authority under para. 3 ", the words" (a) in the cases under art. 59, para. 4 – the Director of the NIONKC ' shall be deleted and the second sentence: "the first sentence shall also apply in the cases under art. 59, para. 4. "

6. in the Al. 6 the words "NIONKC" are replaced by "in accordance with art. 84, para. 1. "

§ 26. In art. 84 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "the coordination is carried out by the Minister of culture or by officials authorised by him after the written opinion of the NINKN."

2. paragraph 2 is replaced by the following:

"(2) the refusal for reconciliation be motivated in writing."

3. Paragraph 4 is hereby repealed.

§ 27. In art. 89 is hereby amended as follows:

1. In paragraph 8. 2 the abbreviation "NIONKC" shall be replaced by "the Ministry of culture, the NINKN".

2. in the Al. 3 the abbreviation "NIONKC" is replaced by "NINKN".

§ 28. In art. 149, para. 1 is hereby amended as follows:

1. point 1 shall be amended as follows:

"1. the three representatives of the Ministry of culture, one of whom is a representative of the Inspectorate under art. 15. ".

2. point 4 shall be replaced by the following: ' 4. a representative of the NINKN; ".

§ 29. In art. 152 al. 2 shall be amended as follows:

"(2) the owners of the resources of the Al. 1, item 6 are required to register with the Ministry of culture within 14 days of their acquisition. The procedure for registration of special technical means shall be determined by the Ordinance under art. 147, para. 6. "

§ 30. In art. 153, para. 2 the abbreviation "NIONKC" is replaced by "NINKN".

§ 31. In art. 155, para. 1 the abbreviation "NIONKC" is replaced by "NINKN".

§ 32. In art. 170 "NIONKC" are deleted.

§ 33. In art. 188, para. 2 the abbreviation "NIONKC" is replaced by "NINKN".

§ 34. In art. 189, t. 1 the abbreviation "NIONKC" is replaced by "NINKN".

§ 35. In art. 195, para. 1 the abbreviation "NIONKC" is replaced by "NINKN".

§ 36. In art. 200, para. 1 the words "NIONKC" are deleted.

§ 37. In the transitional and final provisions are made the following amendments and additions:

1. In paragraph 5:

(a)) in the Al. 1:

AA) the first sentence shall be replaced by the following:

"Within one year of the entry into force of the law, persons who have established de facto power over movable archaeological sites or movable archaeological cultural monuments until the entry into force of this law shall be obliged to ask for their identification and registration as a movable cultural property from the National Museum or by the corresponding regional Museum by the procedure of art. 97, para. 5. ";

BB) creates the fifth sentence: "in these cases apply art. 101. ";

(b)) paragraph 4 shall be repealed;


in) in the Al. 5, the words "para. 1-4 "shall be replaced by" para. 1. "

2. § 6 para. 1, the words ' six months ' are replaced by ' one-year term.

3. § 7 para. 4, the words "para. 2 – 6 "shall be replaced by" para. 5 and 6 ".

4. a § 8A:

"§ 8A. (1) Movable archaeological sites, movable archaeological cultural monuments and movable archaeological sites – coins and monetovidni objects can be exported with the permission of the Minister of culture after identification and registration pursuant to § 5, § 6 and 7 respectively.

(2) not allow export from the customs territory of the community and the removal from the territory of the Republic of Bulgaria to other Member States of the European Union, of property under para. 1, which constitute the national wealth, except in the cases and by the procedure of art. 129, para. 2, 3 and 4. "

5. In paragraph 12:

(a)) in the Al. 2 the abbreviation "NIONKC" is replaced by "NINKN";

(b)) in the Al. 3 the abbreviation "NIONKC" is replaced by "NINKN".

6. In paragraph 14, the word "year" is replaced by "biennial".

7. In paragraph 21, the words "the National Institute for the conservation of immovable cultural property" shall be replaced by the words "Minister of culture".

§ 38. In other texts of the law 3911/1992, the words "Regulation" are replaced by "Regulation 116/2009".

Transitional and final provisions

§ 39. The Ministry of culture and NINKN are the successors in title of the assets and liabilities of the National Institute for the conservation of immovable cultural property.

§ 40. (1) on the day of the entry into force of this Act, the powers of the Director of the National Institute for the conservation of immovable cultural property shall be terminated.

(2) legal relations of persons from the National Institute for the conservation of immovable cultural property shall be settled in accordance with art. 123 of the labour code and article. 87 (a) of the Act on civil servants in accordance with the conditions laid down in the rules of procedure of the Ministry of culture and the NINKN structure and numerical composition.

§ 41. (1) within one year of the entry into force of this Act shall provide the NINKN the registry agency list of incumbent declared and real declared monuments.

(2) the registry Agency notes the status of cultural value in the lots of sites within two months of the presentation of the list under para. 1.

§ 42. In the law on military monuments (promulgated, SG. 13 of 2008; amend., SG. 19 of 2009) all over the words "National Institute for the conservation of immovable cultural property" shall be replaced by the "Ministry of culture".

§ 43. In the Chamber of builders (promulgated, SG. 108 of 2006; amend., SG. 19 and 35 since 2009) in art. 17, al. 2, item 8, the words "the National Institute for the conservation of immovable cultural property" shall be replaced by "National Institute of immovable cultural heritage".

§ 44. In the law on the National Archive Fund (official SG. 57 of 2007; amend., SG. 19, 42 and 78 of 2009) in art. 33, para. 1, point 7, the words "the National Institute for the conservation of immovable cultural property" shall be replaced by "National Institute of immovable cultural heritage".

§ 45. In the law on the Organization and use of zastroâ Sofia Municipality (official SG. 106 2006; amend., SG. 41 (2007), no. 19 of 2009) in art. 9, para. 4, the words "the National Institute for the conservation of immovable cultural property" shall be replaced by the "Ministry of culture".

§ 46. In the law on the Organization of the Black Sea coast (promulgated, SG. 48 of 2007; amend., SG. 36 and 67 of 2008 and no. 19 and 82 from 2009) in art. 16, al. 3 the words "the National Institute for the conservation of immovable cultural property" shall be replaced by the "Ministry of culture".

§ 47. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008 and PC. 6, 17, 19 and 80 by 2009.) everywhere the words "National Institute for the conservation of immovable cultural property" shall be replaced by the "Ministry of culture".

§ 48. 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 November 5, 2009, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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