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LAW FOR THE INTERNATIONAL AGREEMENTS OF THE REPUBLIC OF BULGARIA

Prom. SG. 97/13 Nov 2001

Chapter one.

GENERAL

Art. 1. This law determines the order of preparation and conclusion of international agreements by the Republic of Bulgaria, as well as the order of fulfilment, amendment, suspension of the rules, termination, storing and registration of the international agreements party to which is the Republic of Bulgaria.

Art. 2. (1) The law shall apply for every bilateral or multilateral agreement concluded in written form between the Republic of Bulgaria and other countries or international organisations, regardless of whether the agreement is a part of one or several interrelated documents.

(2) The provisions of this law shall apply respectively to the agreements of the Republic of Bulgaria with foreign persons, in which it participates as a body governed by a public law, when these agreements are subject to ratification by the National Assembly according to art. 85, para 1 of the Constitution of the Republic of Bulgaria.

Chapter two.

PREPARATION FOR CONCLUSION OF INTERNATIONAL AGREEMENTS

Art. 3. The drafts of international agreements shall be worked out by the respective minister or head of administrative body upon a thorough study and in compliance with the Constitution, the legislation and the international obligations of the Republic of Bulgaria.

Art. 4. Worked out, jointly with the draft under art. 3, shall be a draft report to the Council of Ministers which shall substantiate the necessity of concluding the agreement, pointing out the expected results and financial consequences from its implementation, the compliance of its provisions with the Constitution, the legislation and the international obligations of the Republic of Bulgaria, as well as with the European Union Law.

(2) If the fulfilment of the agreement is related to adoption of normative acts or to amendments and supplements of the legislation of the country the draft report shall point out the respective legal and by-law measures which must be taken, as well as the state bodies of whose competence is their preparation.

(3) If the draft international agreement contains provisions requiring amendments in the Constitution of the Republic of Bulgaria the draft report shall substantiate the necessity of participation of the Republic of Bulgaria in the agreement and, respectively, the necessity of these amendments, motivating the concrete proposals for their introduction. The international agreement shall be concluded upon the adoption of these amendments.

Art. 5. (1) The draft international agreement and the report to the Council of Ministers shall be coordinated with the Minister of Foreign Affairs, as well as with the other ministers and heads of the interested administrative bodies, including on the issue of the amendments to be introduced in the legislation of the country, settling the matter of their competence in connection with the implementation of the agreement.

(2) When the coordination by the order of para 1 establishes that the draft international agreement contains provisions contradicting to the legislation of the Republic of Bulgaria the report shall explicitly point out the respective normative acts and provisions, as well as the proposals of the Minister of Justice and of the other ministers and heads of interested administrative bodies for removal of these contradictions.

Art. 6. (1) The draft international agreement shall be presented by a report and a draft decision to the Council of Ministers for approval. Attached to the report shall be the written statements of the other ministers and of the heads of interested administrative bodies, stating which of their recommendations have not been accepted and the reasons for that.

(2) If the conclusion of the agreement requires a consent of the National Assembly according to art. 84, item 9 of the Constitution or a permit of the Grand National Assembly according to art. 158, item 2 of the Constitution it shall also be attached to the report.

Art. 7. (1) The provisions of art. 3 - 6 shall also apply when as grounds of holding negotiations is proposed a draft international agreement worked out by another country or by international organisation. In this case the movant shall present, besides the original text in foreign language, translation of the draft into Bulgarian.

(2) The provisions of art. 4 - 6 shall apply respectively in the preparation for accession of the Republic of Bulgaria to a multilateral international agreement, whereas the movant shall present, besides the original text in foreign language, translation of the agreement into Bulgarian. When, if necessary, the Republic of Bulgaria formulates reserves or declarations to a multilateral agreement, the movant shall substantiate them in the draft report and shall include them in the draft decision of the Council of Ministers.

(3) The provisions of art. 3 - 6 shall also apply respectively in the working out of a draft agreement for amendment of an international agreement, as well as for termination of an agreement, for suspending its rules and for abandoning a multilateral agreement party to which is the Republic of Bulgaria.

Art. 8. (1) The Council of Ministers shall approve by a decision the draft international agreement or the draft for amendment of an international agreement party to which is the Republic of Bulgaria as a basis for holding negotiations and shall appoint the head of the delegation for holding the negotiations and for signing the agreement.

(2) In its decision under para 1 the Council of Ministers, in the cases under art. 4, para 2 and 3, shall assign to the competent ministers and heads of administrative bodies the preparation of the necessary measures and shall determine the deadlines of their fulfilment.

(3) In its decision under para 1 the Council of Ministers shall obligatorily take decision regarding the proposal under art. 6, para 2.

(4) The Council of Ministers shall approve by a decision the proposals under art. 7, para 2 and 3.

Chapter three.

CONCLUSION OF INTERNATIONAL AGREEMENTS

Art. 9. (1) International agreements shall be concluded:

1. by the President of the Republic - upon coordination with the Council of Ministers, depending on the importance and the subject of the agreement or according to the level of the state bodies who shall sign the agreement, coordinated between the parties;

2. by the Council of Ministers - according to the matter regarded by the agreement and its provisions.

(2) In the cases when an international agreement falls within the circle of the independent competence of a definite minister or head of administrative body he shall conclude the agreement with the respective body of the other country on the grounds of a decision of the Council of Ministers.

(3) The decision of the Council of Ministers for adoption of the draft agreement shall explicitly indicate who shall sign it.

Art. 10. (1) The Minister of Foreign Affairs shall present the approved draft to the other party and shall coordinate the time and the place of the negotiations.

(2) For the agreements under art. 9, para 2 the activities stipulated by para 1 shall be carried out by the respective minister or head of administrative body.

Art. 11. (1) The draft international agreement or the draft for amendment of an international agreement, party to which is the Republic of Bulgaria, approved by the Council of Ministers, shall serve as grounds for the negotiations.

(2) When, in the process of the negotiations, a substantial deviation from the draft under para 1 becomes necessary, the endorsement and the signing of the agreement shall be made upon approval of the Council of Ministers.

Art. 12. The bilateral international agreement shall be made in two identical copies, each of them in Bulgarian language and in the language of the other party. The agreement can also be made in a third language as well, or only in a third language. Each of the copies shall have the validity of an original.

Art. 13. (1) Authorisation for holding negotiations and for signing international agreements shall be issued by the Minister of Foreign Affairs on the grounds of a decision of the Council of Ministers.

(2) The President of the Republic, the Prime Minister and the Minister of Foreign Affairs shall conclude international agreements without being necessary to present letter of attorney.

Art. 14. The consent of the Republic of Bulgaria for binding with international agreements shall be expressed by ratification or by approval, acceptance, joining, signing without subsequent ratification or approval, as well as by an exchange of the documents forming the agreement.

Art. 15. (1) If the international agreement is subject to ratification according to the Constitution of the Republic of Bulgaria the Council of Ministers shall propose to the National Assembly to ratify the agreement by a law.

(2) If the Constitution does not require ratification of the international agreement the Council of Ministers shall approve it by a decision.

Art. 16. If an international multilateral agreement stipulates a possibility of joining or acceptance the binding of the Republic of Bulgaria with this agreement shall be made by ratification or approval by the order of art. 15.

Art. 17. If an international agreement stipulates the expression of the binding by signing or joining without subsequent ratification or approval the consent for that shall be given by the Council of Ministers and it shall be included in the decision for approval of the agreement.

Art. 18. If the binding with an international agreement is fulfilled through an exchange of documents forming the agreement the exchange shall be carried out by the Minister of Foreign Affairs on the grounds of a decision of the Council of Ministers.

Art. 19. (1) Reserves and declarations on provisions of multilateral agreement shall be formulated in signing, ratification, approval, acceptance or for joining.

(2) The text of the reserves and declarations under para 1 shall be approved by the state body who has expressed consent for binding of the Republic of Bulgaria with the agreement.

(3) Objections against reserves or declarations made by other parties to the agreement, as well as withdrawal of reserves and declarations shall be worked out and adopted by the order of this law and shall be declared by the Minister of Foreign Affairs.

Art. 20. The Minister of Foreign Affairs shall work out the ratification documents and the documents for approval, acceptance or joining on the grounds of the law for ratification or the act for approval of the Council of Ministers and shall present them to the other party or to the depository of the agreement.

Art. 21. The Minister of Foreign Affairs shall inform the other contracting party or the depository of the agreement for ratification, approval, acceptance or joining and shall carry out the exchange or the depositing of the respective documents. Written statement shall be worked out for the exchange of the ratification documents.

Art. 22. (1) In case of establishment of obvious mistakes in the text of an international agreement party to which is the Republic of Bulgaria the Minister of Foreign Affairs shall make representations through diplomatic channels in order to obtain the consent of the other party or other parties for its correction.

(2) In the cases when the agreement has already been promulgated the correction in it shall be promulgated in the State Gazette upon obtaining the consent under para 1. The correction shall enter into force on the day of its promulgation.

Chapter four.

ENACTMENT, PROMULGATION AND VALIDITY OF THE INTERNATIONAL AGREEMENTS

Art. 23. Upon its signing, with exception of the cases under art. 17, the international agreement shall be presented to the Council of Ministers by a report of the respective minister, coordinated with the Minister of Foreign Affairs, with the other ministers and with the heads of the interested administrative bodies.

Art. 24. (1) The international agreement shall enter into force for the Republic of Bulgaria under the conditions and by the order stipulated by it or additionally agreed upon between the parties.

(2) An international agreement under art. 9, para 2 which is not subject to ratification by the National Assembly can be enacted on the date of its signing without a subsequent approval, and this shall explicitly by indicated by the decision of the Council of Ministers for approval of the draft agreement.

Art. 25. (1) The international agreement shall be promulgated in the State Gazette within 15 days from the date of its enactment for the Republic of Bulgaria. The promulgation shall be prepared by the minister or by the head of the administrative body who is the movant of the proposal for participation of the Republic of Bulgaria in the respective agreement.

(2) The body giving consent for binding the Republic of Bulgaria with an international agreement can order in the act for binding not to promulgate the agreement.

(3) If an international agreement is promulgated the amendment, termination or suspension of the agreement shall be subject to promulgation by the order of para 1.

Chapter five.

FULFILMENT OF THE INTERNATIONAL AGREEMENTS

Art. 26. (1) The obligations ensuing from an acting international agreement party to which is the Republic of Bulgaria shall be fulfilled conscientiously, regardless of which competent state body has given the consent for binding.

(2) A state body cannot refer to provisions of the national law as grounds for non-feasance of an international agreement party to which is the Republic of Bulgaria.

(3) The act of the provisions of an international agreement in the internal legal order shall be determined in dependence of the nature of these provisions, directly applicable or not, and by the hierarchic place of the act for binding in the internal legal order in compliance with the Constitution and the laws of the country.

Art. 27. If it is necessary to adopt laws or other normative acts or introduce amendments in the acting legislation for the fulfilment of the obligations of the Republic of Bulgaria under an international agreement the Council of Ministers shall provide in a due period the preparation and the presentation to the National Assembly of the respective draft laws or the preparation and the adoption of the respective by-laws.

Art. 28. (1) The control over the fulfilment of the international agreements of the Republic of Bulgaria shall be exercised by the Council of Ministers.

(2) The ministers, in whose competence is the implementation of the international agreement according to its subject and provisions shall be responsible for the fulfilment of the obligations of the Republic of Bulgaria ensuing from the agreement.

(3) The Minister of Foreign Affairs shall control the fulfilment of the international agreements of the Republic of Bulgaria and shall inform the Council of Ministers for the cases of non-feasance when such become known to him, whereas he can propose measures for their elimination.

Art. 29. The provisions of art. 26 - 28 shall also apply respectively to decisions of an international organisation or its body, which have obligatory force for the Republic of Bulgaria by virtue of an international agreement.

Chapter six.

STORING, REGISTRATION OF THE INTERNATIONAL AGREEMENTS AND DEPOSITORY FUNCTIONS

Art. 30. (1) The originals of the international agreements with the participation of the Republic of Bulgaria, including bilateral and multilateral agreements for which there is no determined depository, as well as certified transcripts from international agreements shall be stored at the Ministry of Foreign Affairs.

(2) The originals of the international agreements under para 1 shall be submitted for storing immediately upon their signing together with the accompanying documents, as well as all subsequent documents for their amendment, supplement, termination or suspension.

Art. 31. The Minister of Foreign Affairs shall carry out the activities related to the registration of the international agreements of the Republic of Bulgaria in the United Nations Organisation and in other inter-governmental organisations according to the obligations assumed by the Republic of Bulgaria.

Art. 32. If the Republic of Bulgaria is a depository for a multilateral agreement these functions shall be fulfilled by the Minister of Foreign Affairs.

Additional provisions

1. In the context of this law:

1. "Foreign person" is:

a) a corporate body with headquarters outside the territory of the Republic of Bulgaria;

b) a company which is not a corporate body and which is registered abroad.

2. "Administrative body" is a state institution established by a law or by a decree of the Council of Ministers, whose head is authorised to conclude international agreements.

Transitional and concluding provisions

2. The international agreements, ratified, enacted for the Republic of Bulgaria and promulgated before the enactment of the acting constitution shall have the legal act of the international agreements under art. 5, para 4 of the Constitution of the Republic of Bulgaria.

3. The Council of Ministers shall provide the promulgation in the State Gazette of the acting not promulgated international agreements approved by the existing legal order at the time of their enactment within six months from the enactment of this law.

4. This law revokes Edict No 1496 for participation of the People's Republic of Bulgaria in international agreements (SG 62 of 1975).

5. In art. 5 of the Law for the State Gazette (prom., SG 89/1995; corr., SG 92/1995; amend., SG 123/1997; SG 56/1999 and SG 1/2000) para 1 is amended as follows:

"(1) The international agreements subject to promulgation shall be presented and promulgated in the State Gazette within 15 days from the date of their enactment regarding the Republic of Bulgaria."

 

The law was adopted by the 39th National Assembly on October 31, 2001 and was affixed with the official seal of the National Assembly.




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