Law Information System CIELA

LAW FOR THE SEA WATERS, THE INTERNAL WATER WAYS AND THE PORTS OF THE REPUBLIC OF BULGARIA

Prom. SG. 12/11 Feb 2000, amend. SG. 111/28 Dec 2001, amend. SG. 24/23 Mar 2004, amend. SG. 70/10 Aug 2004, amend. SG. 11/1 Feb 2005, amend. SG. 45/31 May 2005, amend. SG. 87/1 Nov 2005, amend. SG. 88/4 Nov 2005, amend. SG. 94/25 Nov 2005, amend. SG. 102/20 Dec 2005, amend. SG. 104/27 Dec 2005, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 43/26 May 2006, amend. SG. 65/11 Aug 2006

Chapter one.

GENERAL PROVISIONS

Art. 1. (1) This law shall provide the legal regime of the sea waters, the internal water ways and the ports of the Republic of Bulgaria.

(2) In the sea waters and the internal water ways and in the ports the Republic of Bulgaria shall exercise sovereignty, defined sovereign rights, jurisdiction and control in compliance with the generally recognised principles and standards of international law and the international agreements to which the Republic of Bulgaria is a party.

Art. 2. (amend., SG 24/04) This law has an objective of:

1. using the Black sea and the Danube river to the interest of the co-operation with the Black sea, the Danube and the other countries;

2. facilitating the sea and river connections;

3. ensuring safety for shipping, preservation of the sea and river environment in shipping and maintaining ecological equilibrium;

4. providing an equal access to the market of port services and increasing the efficiency of their implementation;

5. improving the quality of the services offered to the users of the ports;

6. reduction of the expenses and encouragement of the sea and river transportation, including at short distances and combined transport.

Art. 3. The control over the observing of the legal regime in the sea waters, the internal water ways and the ports of the country shall be implemented according to the provisions of this law.

Art. 4. (1) (suppl., SG 24/04) The ports and the roadsteads closed for visits of foreign ships shall be determined with a decision of the Council of Ministers and announced in "Message to the navigators", published by the Hydro-geographic service of the Naval Forces.

(2) The ports and the roadsteads out of these defined in para 1 shall be open.

Chapter two.

SEA WATERS OF THE REPUBLIC OF BULGARIA

Section I.

General provisions

Art. 5. (1) The sea waters of the Republic of Bulgaria shall comprise the internal sea waters, the territorial sea, the adjacent zone, the continental shelf and the exclusive economic zone.

(2) The internal sea waters and the territorial sea as well as the airspace above them, their bottom and its bowels shall be part of the territory of the Republic of Bulgaria on which it shall exercise its sovereignty.

(3) In the adjacent zone, in the continental shelf and in the exclusive economic zone the Republic of Bulgaria shall exercise sovereign rights, jurisdiction and control determined with this law.

(4) (amend., SG 24/04) The sailing and the border regime in the internal sea waters and in the territorial sea for Bulgarian and foreign yachts, boats and other ships for sport, tourism and entertainment shall be determined with an act of the Council of Ministers.

(5) (amend. SG 88/05) The rendering of help to ships and people suffering disaster in the sea waters of the Republic of Bulgaria shall be implemented under the conditions and by order determined by the Minister of Transport.

(6) At danger for the life of people or at danger for hampering the shipping the captain of the port can attract for rendering assistance each ship located near.

Section II.

Internal sea waters

Art. 6. The internal sea waters of the Republic of Bulgaria shall include:

1. the waters between the coast line and the starting lines from which the width of the territorial sea is measured;

2. the waters of the ports limited to the sea with the line linking the most distant points of the anchor places, the hydro-technical and the other permanent port facilities;

3. the waters of:

a) the Varna bay between the coast line and the line linking cape Sv. Konstantin with cape Ilandzhik;

b) the Bourgas bay between the coast line and the line connecting cape Emine with cape Maslen;

c) the waters between the coast line and the direct starting lines linking cape Kaliakra with cape Touzlata, cape Touzlata with cape Ekrene and Cape Maslen with cape Ropy.

Art. 7. (suppl., SG 102/05) A foreign non-military ship with used with commercial or humanitarian purpose can freely enter the internal sea waters and to visit the open ports and roadsteads.

Art. 8. (1) (amend., SG 102/05) A foreign non-military submarine ship can enter the internal sea waters and to visit with peace (not military) objective the open ports and roadsteads with a permission of the Council of Ministers if other has not been provided in an agreement between the Republic of Bulgaria and the state of the flag.

(2) The permission is to be required at least 30 days before the visit - for the ships of the Black sea countries, and 45 days - for the ships of the other states if other has not been provided in an agreement between the Republic of Bulgaria and the state of the flag.

(3) (new, SG 11/05, revoked, SG 102/05)

(4) (new, SG 11/05, amend. SG 88/05, revoked, SG 102/05)

(5) (new, SG 11/05, revoked, SG 102/05)

Art. 9. A foreign state ship used with no commercial objective can enter the internal sea waters and visit the open ports and roadsteads with a permission of the Council of Ministers required not later than 30 days before the visit if other has not been provided in an agreement between the Republic of Bulgaria and the state of the flag.

Art. 10. (1) (amend., SG 11/05, suppl., SG 102/05) A foreign non-military ship with nuclear power facilities can enter the internal sea waters and visit the open ports and roadsteads by the order of art. 8, Para 1 and 2.

(2) (amend. SG 88/05) Before the ship starts for the port region the competent bodies shall make check of the documents for safety of the ship, dosimetric control and other checks connected with protection of environment. The place of the checks shall be determined by the sea administration at the Minister of Transport.

(3) During the time of the stay of the ship in the port or at the roadstead additional checks can be made.

(4) (amend. SG 88/05) If at the check occurs that the stay of the ship can lead to dangerous consequences the sea administration at the Minister of Transport shall order the ship to leave within certain term the internal sea waters or the territorial sea. The Republic of Bulgaria shall not bear responsibility for the damages incurred in this case due to the departure of the ship ahead of time.

(5) Para 2 - 4 shall also be applied for the ships transporting nuclear and radioactive substances.

(6) Para 2 - 4 shall also be applied for the ships transporting poisonous and other dangerous substances.

Art. 11. (1) (amend., SG 11/05, amend., SG 102/05) A foreign military ship with nuclear power facilities or with nuclear arms can enter the internal sea waters and visit the open ports and roadsteads under the conditions and by the order established in art. 8, Para 1 and 2. The check of the documents for safety, the dosimetric control and the other checks connected with protection of environment, performed on e foreign military ship, equipped with nuclear devices or armed with nuclear weapons, shall be implemented by the bodies of the Ministry of Defence at a place chosen by them.

(2) The provisions of art. 10, para 3 and 4 shall be applied respectively also for a foreign military ship with nuclear power facilities or nuclear arms. In this case the checks shall be implemented and the order for leaving shall be given by the bodies of the Ministry of Defence.

Art. 12. (amend., SG 102/05)The Council of Ministers shall determine the order for visit and stay of foreign non-military submarine ships, foreign state non-military ships with no commercial objective, foreign non military ships with nuclear power facilities, ships transporting radioactive substances.

Art. 13. Preliminary permission for entering the internal sea waters or ports shall not be required:

1. at official visit when on the ship there is head of state, Prime Minister or head of department for foreign affairs as well as for the accompanying ships;

2. at accident on the ship, for shelter from a storm or at other natural disasters about which the captain of the ship is obliged immediately to announce with all possible means to the captain of the nearest port and to fulfil his instructions.

Art. 14. (amend. - SG 104/05, in force from 27.12.2005) The foreign military ships shall be exempt from fees at the visit of Bulgarian Military Ports and the ships of art. 13, except for the rendered services.

Art. 15. (1) To the foreign ships in the internal sea waters in the ports and the roadsteads shall be prohibited to use means for radio navigation, hydro-acoustic and radio connection apparatus, electronic and optic systems for observation except for ensuring the safety of shipping and riding at anchor. They can use their FM radio-stations only for contact with the port bodies or with empowered telecommunication operator.

(2) The ships supplied with ship earth stations of the system for satellite sea telecommunications can use them at stay in the internal sea waters and in the territorial sea according to the principle of mutuality.

Section III.

Territorial sea

Art. 16. (1) The territorial sea of the Republic of Bulgaria shall include the sea adjacent to the coast and the internal sea waters strip wide 12 nautical miles measured from the starting lines.

(2) As starting lines shall serve the line of maximum ebb-tide from the coast or the straight lines connecting the two end points of the bays and the waters pointed out in art. 6.

Art. 17. The territorial sea of the Republic of Bulgaria shall be delimited from the territorial sea of the neighbouring countries with the geographic parallel from the point of the land border touching the sea coast.

Art. 18. The external and the side boundaries of the territorial sea shall be state border of the Republic of Bulgaria.

Art. 19. (1) The ships of all countries shall have the right to peace passing through the territorial sea in compliance with the requirements of this law and of the international law.

(2) The right to peace passing shall be exercised in order to be crossed the territorial sea without going to the internal sea waters, to go to the internal sea waters or to go out of them. The ship shall be obliged to move constantly through the regions not prohibited for sailing with speed not less than the normal one for the corresponding type of ships, to follow the established sea corridors, schemes for separate movement, fairways and recommended ways and not to violate the peace the good order and the security of the country.

(3) (amend., SG 24/04)During the peace passing shall not be admitted stopping or riding at anchor except when this is caused by navigation need, accident, disaster, insurmountable force or rendering help to people, ships or aircraft.

(4) At entering, exiting or sailing in the territorial sea the ships shall be obliged to participate in the system for reporting and control of movement in shipping.

Art. 20. (1) The peace, the good order or the security of the country at passing through the territorial sea shall be violated when the foreign ship implements some of the following actions:

1. threat with force or use of force against the sovereignty, the territorial entity or the political independence of the Republic of Bulgaria in breach of the principles of international law contained in the Charter of the United Nations;

2. exercises or drills using whatever type of arms;

3. activity with objective to collect information hazardous for the defence or the security of the country;

4. act of propaganda impeding the interests of the defence or the security of the country;

5. taking off, landing or taking on board any aircraft;

6. lifting in the air, landing, taking on board or taking off board of any military facility;

7. taking on or off the ship of loads, currency valuables or persons in violation of the customs, the tax, the border control or the sanitary provisions;

8. not permitted according to the international standards pollution of the sea environment;

9. fishing activity;

10. scientific research or hydro graphic activity;

11. activity which can impede the work of the systems for communication or of radio-electronic or other facility or appliance of the country;

12. other activity that is not immediately connected with the passing of the ship.

(2) No violation of the peace, the good order or the security shall be the activities of para 1, items 2, 5, 6, 9, 10 and 12 if for this a permission by the due order has been received.

Art. 21. The foreign ship shall not pay fees for passing through the territorial sea except for the rendered services.

Art. 22. (amend. SG 88/05) With regard to the security of the country, including for conducting exercises with use of arms the Minister of Defence in co-ordination with the Minister of Transport and the Minister of Interior can temporarily terminate the peace passing through separate regions of the territorial sea and to prohibit shipping in certain parts of the internal sea waters. These measures shall be announced in "News for the sailors".

Art. 23. (1) (amend., SG 70/04) At the peace passing through the territorial sea and during her stay in the internal sea waters, the ports and the roadsteads the foreign ship shall be obliged to observe the navigation requirements, the border control, the customs, the financial, the health, phyto-sanitary, the veterinary and the port provisions as well as the provisions for protection of environment.

(2) The foreign ship shall be obliged at the peace passing through the territorial sea and during her stay in the internal sea waters to have raised her flag during the day and the non military ship - the flag of the Republic of Bulgaria.

(3) In the territorial sea and in the internal sea waters to the foreign ship shall be prohibited:

1. to use the ship boats except in case of disaster - for searching and saving people;

2. to implement diving and submarine activity;

3. to keep her fishing facilities in working position;

4. to emit sound or light signals except these established in the international rules for protection of the ships from collision in the sea;

5. premeditated stranding or sinking;

6. to implement actions that can cause damages to cables, pipelines or any installations and facilities connected with the use of sea resources;

Art. 24. The foreign ships supplied with nuclear power facilities and the ships transporting nuclear, radioactive, poisonous or other dangerous substances, shall be obliged at passing through the territorial sea to have the documents and to undertake the preventive measures prescribed for such ships by the corresponding international agreements.

Art. 25. (1) In the territorial sea and in the internal sea waters the foreign submarine ship shall be obliged to be only in position over the water.

(2) The foreign submarine ship in submarine position shall be forced to go to the surface. At damage due to which she cannot go to the surface, she shall be obliged with all possible means to emit signal about this.

Art. 26. The foreign ship at passing through the territorial sea shall be able to use only those means for radio-communication that ensure radio-connection with the Bulgarian coast stations and the means for radio-navigation, hydro-acoustic apparatus, the optic, the electronic and the other devices - only for navigation purposes.

Art. 27. (amend. SG 88/05) The diving and any other submarine activity in the internal sea waters and in the territorial sea shall be implemented by order determined by the Minister of Defence, the Minister of Interior and the Minister of Transport.

Art. 28. The foreign ship that due to disaster or insurmountable force is forced to stop or to ride at anchor shall be obliged with all possible means immediately to announce about this to the captain of the nearest port.

Art. 29. (1) The guarding of the sea state border and the control over the observing of the border regime in the territorial sea and in the internal sea waters shall be implemented by the bodies of the Ministry of Interior.

(2) (amend. SG 88/05) The regime of sailing in the internal sea waters and in the territorial sea shall be determined with an ordinance by the Minister of Transport and shall comply with the requirements of the national security of the country.

Art. 30. (1) (amend. SG 88/05) Within their competence the bodies of the Ministry of Interior, the Ministry of defence and the Ministry of Transport shall have right within the boundaries of the internal sea waters and the territorial sea with regard to a foreign non military ship:

1. to require to be raised the state flag;

2. to direct the corresponding questions at doubt for breaching the rules for peace passing;

3. to propose to her to change the course if it leads to a region prohibited for sailing;

4. to stop her and to implement a check or to detain her if she does not answer to the question or breaches the provisions of art. 19, para 2, art. 23 and 24 or when such measures are provided in international agreement to which the Republic of Bulgaria is a party;

5. to stop her and keep her in the cases provided in art. 31, para 3 and 4;

6. to take out of her and to detain the persons committed crimes pointed out in art. 32 and submit them to the investigation authorities notifying the prosecutor in 24 hours term.

(2) If the foreign non military ship refuses to stop or opposes to detention, or proceed with violent actions the bodies of the Ministry of Interior and the Ministry of defence shall be able to take the corresponding forceful measures, including use of arms and combat machinery.

Art. 31. (1) For the damages caused by non permitted damage in the internal sea waters and in the territorial sea as well as for the damages from violation of the rights and the jurisdiction of the Republic of Bulgaria in the adjacent zone, in the continental shelf and in the exclusive economic zone shall be applied the Bulgarian legislation and the disputes shall be under the jurisdiction of the Bulgarian courts.

(2) A foreign non military ship passing through the territorial sea cannot be stopped or her course changed in order to be implemented civil jurisdiction with respect to a person on board.

(3) With respect to a foreign non military ship in the internal sea waters, raids at anchor in the territorial sea or passes through them, actions for securing a claim or compulsory execution can be undertaken.

(4) Securing a claim and compulsory execution over a foreign non military ship passing through the territorial sea can be undertaken only for liabilities of the ship occurred at her passing through the territorial sea as well as for damages of para 1.

Art. 32. (1) The punitive jurisdiction of the Republic of Bulgaria shall not cover crimes committed on board of a non military ship when passing through the territorial sea except:

1. crime committed by a Bulgarian citizen;

2. crime breaching the peace in the country or the good order in the territorial sea;

3. crime of general character affecting the interests of the Republic of Bulgaria or of Bulgarian citizen;

4. illegal transfer of drug, psychotropic or radioactive substances;

5. illegal deprivation from freedom;

6. crimes against peace and mankind.

(2) The punitive jurisdiction of the Republic of Bulgaria shall be applied with respect to each crime committed on board of a foreign non military ship during her stay in Bulgarian ports or in the internal sea waters. It shall be applied also after the ship leaves the internal sea waters and enters the territorial sea.

Art. 33. The competent Bulgarian bodies can implement preliminary investigation and take measures of procedure enforcement also for other crimes out of these pointed out in art. 32, para 1, committed on board of a foreign non military ship passing through the territorial sea at request by the captain of the ship, the diplomatic agent or the consular official of the country of the flag.

Art. 34. At starting punitive procedure in the cases of art. 32, para 1 as well as at implementing investigation activities of art. 33 at request by the captain, the diplomatic agent or the consular official of the country of the flag shall be notified.

Art. 35. A foreign military ship or state ship used with non commercial objective which during her stay in the internal sea waters or in the territorial sea violates this law or other normative act and neglects the requirements to her, shall be warned to leave immediately the internal sea waters and the territorial sea.

Art. 36. For damages caused by foreign military ship or by foreign state ship used with non commercial objective at passing through the territorial sea or during her stay in the internal waters the indemnification shall be due by the state of the flag.

Section IV.

Adjacent zone

Art. 37. The adjacent zone of the Republic of Bulgaria shall be the sea strip next to the territorial sea and spreading out at distance 24 nautical miles from the starting lines from which is measured the width of the territorial sea.

Art. 38. (amend., SG 70/04) In the adjacent zone the Republic of Bulgaria shall implement control for preventing violations of the customs, the financial, the border control and the health requirements within the boundaries of the country, including the territorial sea and jurisdiction for punishing the violators of these provisions.

Art. 39. If there are data that a foreign non military ship in the adjacent zone has violated or is preparing to violate the provisions of art. 38 the bodies of the Ministry of Interior and the Ministry of Defence shall have the right to stop her, to make check and to take the necessary measures for prevention of the violation or to detain her for requiring the corresponding responsibility by the guilty persons.

Section V.

Continental shelf

Art. 40. The continental shelf of the Republic of Bulgaria shall include the sea bottom and the bowels of the submarine region that is natural continuation of the land territory and spread out of the territorial sea to the established boundaries with the continental shelf of the other adjacent or opposite countries.

Art. 42. (1) The Republic of Bulgaria shall implement over the continental shelf the sovereign rights to prospecting, exploring, development, use, preservation and management of its natural resources including: the energy, the mineral and the other non biological resources of the sea bottom and its bowels as well as the living organisms belonging to the attached species.

(2) In the continental shelf the Republic of Bulgaria shall have the exclusive right:

1. to implement, to permit and to regulate the accomplishment of drilling works regardless of their purpose;

2. to construct, to permit the construction and to regulate the creating and use of artificial islands, installations and facilities located under its jurisdiction.

Art. 43. (1) The laying of cables and pipelines over the continental shelf by other states can be implemented under the condition that this does not affect the interests of the country connected with prospecting, development and use of the natural resources of the shelf and the preservation of the sea environment.

(2) The track of the cables and the pipelines shall be determined with agreement between the Republic of Bulgaria and the interested country.

Art. 44. (1) (amend. SG 88/05) If there are data that within the continental shelf a foreign non military ship has violated or is preparing to violate the sovereign rights and the jurisdiction of the Republic of Bulgaria the Minister of Interior, the Minister of Defence and the Minister of Transport shall take the necessary measures for prevention or termination of the violation. They can make check of the ship and detain her for claiming responsibility from the guilty persons.

(2) At taking measures of para 1 shall be notified the diplomatic agent or the consular official of the state of the flag.

Section VI.

Exclusive economic zone

Art. 45. The exclusive economic zone of the Republic of Bulgaria shall spread out of the boundaries of the territorial sea at distance up to 200 nautical miles from the starting lines from which the width of the territorial sea is measured.

Art. 46. The external boundaries of the exclusive economic zone shall be determined according to an agreement with the neighbouring adjacent and opposite countries in compliance with the international law in order fair solution to be achieved.

Art. 47. In the exclusive economic zone the Republic of Bulgaria shall implement:

1. sovereign rights to exploration, development, use, preservation and management of the biological, the mineral and the energy resources located on the sea bottom, in its bowels and in the covering waters as well to accomplish other activities connected with the exploration and the use of the zone;

2. exclusive rights and jurisdiction connected with:

a) creating and use of artificial islands, installations and facilities;

b) the implementing of sea scientific research;

c) protection of sea environment;

3. other rights ensuing from the international agreements to which the Republic of Bulgaria is a party and from the generally recognised principles of international law.

Art. 48. In the exclusive economic zone all countries shall have freedom to shipping, air navigation, laying cables and pipelines and other ways of using the sea for these purposes admitted by the international law.

Art. 49. (1) A foreign ship cannot implement industrial fishing in the exclusive economic zone except on the basis of an agreement between the Republic of Bulgaria and the state of the flag.

(2) When passing through the exclusive economic zone the foreign fishing ship must not keep her fishing facilities in working position.

Art. 50. If there are data that within the exclusive economic zone a foreign non military ship has violated or is preparing to violate the sovereign rights and the jurisdiction of the Republic of Bulgaria, the provisions of art. 44 shall be applied respectively.

Art. 51. The control over the observing of the regime in the exclusive economic zone shall be implemented under the conditions and by order determined by the Council of Ministers.

Section VII.

Use of the sea waters and protection of sea environment

Art. 52. (1) The conceding of special right of use over the continental shelf and in the exclusive economic zone for exploring, development, use, preservation and management of the biological, mineral and energy resources shall be implemented by the order of the Law for the concessions and the Law for the underground resources.

(2) The scientific research in the continental shelf and in the exclusive economic zone shall be implemented with a permission by the Council of Ministers according to the order and the conditions of the Convention of the UN for sea law. The permission shall be given if the researches are designated exclusive for peace objectives and enlargement the knowledge about sea environment, if they are accomplished with safe methods and means and do not create difficulties for the country in exercising its sovereign rights and jurisdiction.

(3) The applicants for permission for scientific research shall be obliged to present in official way full information about the character, the purposes and the place of the projected research, the envisaged methods and means for its implementation and other necessary data.

(4) The Council of Ministers shall be able not to give permission when:

1. the scientific researches have immediate significance for the research and the use of the natural resources of the continental shelf and the exclusive economic zone;

2. the scientific researches include drilling of the sea bottom or the use of explosive substances or substances harmful for the sea environment;

3. the scientific researches provide construction and use of artificial islands, installations and facilities;

4. the presented information is imprecise or obligations for permitted earlier researches have been fulfilled.

Art. 53. (1) The discharge, the throwing or sinking from ships, aircraft, platforms and other artificial facilities and from coast sources of any solid and liquid waste or substances harmful for the health of people or the live resources of the sea as well as any other pollution or sea environment in the internal sea waters and in the territorial sea shall be prohibited except when the standards provided in international conventions ratified by the Republic of Bulgaria and in the national legislation.

(2) The pollution of sea waters in the exclusive economic zone that could impair the interests of the country as well as the throwing out and discharge of wastes and substances above the admissible international standards and norms adopted by the Republic of Bulgaria shall be prohibited.

(3) (amend. – SG 65/06, in force from 11.08.2006) The outfall of waste waters from coast sources shall be regulated through the Law for the waters.

Art. 54. (1) (amend. SG 88/05) When there are grounds to be considered that a non military ship passing through the internal sea waters, the territorial sea or the exclusive economic zone has violated the provisions of this law, of other normative act or of international agreement about prevention of pollution the sea administration at the Minister of Transport and the territorial units of the Ministry of Environment and Waters can undertake the corresponding activities, including;

1. to require the captain of the ship to present the necessary information in order to be established whether a violation has been made;

2. to make check on the ship if they consider the information is insufficient;

3. to take samples from the ship or the load;

4. to detain the ship for claiming the corresponding responsibility.

(2) If necessary the bodies of para 1 can require co-operation from the Minister of Interior, the Ministry of Defence or other competent state body.

Art. 55. (1) At pollution of the sea environment in the internal sea waters, in the territorial sea or in the exclusive economic zone of another state the Republic of Bulgaria at its request shall render legal assistance interrogating persons, checking documents or the technical status of the ship, taking samples from the ship or the load which made the pollution when she is in a port or in the internal sea waters of the country. Such assistance shall be rendered also at request by the state of the flag.

(2) The legal assistance of para 1 shall be rendered under conditions of mutuality.

Art. 56. (amend. SG 88/05) At damage, accident or other sea event in the sea waters of the country which creates danger of polluting the sea environment or the seaside as well as of damaging the interests connected with them the Ministry of Transport shall, with the co-operation of the interested departments and organisations, undertake the necessary measures for prevention, restriction and removal of the danger.

Art. 57. The sea administration shall prohibit the departure of a ship in the internal sea waters, port or roadstead if the technical status of the ship or the activity of the crew do not ensure the observing of norms and standards adopted by the Republic of Bulgaria for prevention and restriction the pollution of sea environment or if the technical status and the documents do no meet the requirements.

Art. 58. (1) (amend. SG 88/05) At implementing exploration, drilling and other activities for development and use of the natural resources in the sea waters of the Republic of Bulgaria the Ministry of Transport shall together with the Ministry of Environment and Waters exercise control over the observation of the measures provided for prevention of accidents, discharge of petrol and other pollutants as well as for timely removal of the consequences therefrom.

(2) The Ministry of Environment and Waters shall exercise control over the coast sources of pollution through its specialised territorial units.

Art. 59. When there is real danger the pollution of the sea waters of the country to spread out in the waters of other Black sea country, it shall be notified by diplomatic channels.

Section VIII.

Safety of shipping

Art. 60. With regard to the safety of shipping in compliance with the requirements of national security and with the generally accepted international rules, by an order determined by the Council of Ministers shall be established, changed and repealed schemes for separate movement, sea corridors, fairways and recommended routes and system for reporting and control over shipping in the territorial sea - for transit passing and visit of the open ports that are compulsory for the ships and are announced in "News for the sailors".

Art. 60a. (new, SG 24/04) (1) The ships and the ports shall be subject to control in connection with the security and safety of shipping.

(2) (amend. SG 88/05) The Minister of Transport, the Minister of Interior and the Minister of Finance shall determine by an ordinance the terms and the order of achieving the security of the ships and ports.

(3) (amend. SG 88/05) The Minister of Transport or an official authorized by him, shall issue an international certificate for security of the ship, a temporary international certificate for security of the ship, as well as a certificate for compliance of the port under terms and by an order determined by the ordinance under para 2.

Art. 61. (1) (amend., SG 24/04) The navigation provision of shipping in the territorial sea waters shall be implemented by the Ministry of Defence.

(2) (new, SG 24/04; amend. - SG 104/05, in force from 27.12.2005) The navigation provision of shipping in the internal sea waters, canals and aqua terry of the ports shall be implemented by State enterprise "Port Infrastructure".

(3) (prev. para 2 – SG 24/04) Measurements of depths in the territorial sea and the internal waters with cartographic purpose shall be implemented only by the hydro graphic service at the Naval forces.

(4) (prev. para 3 – SG 24/04, amend. SG 88/05) Hydro technical and navigation facilities can be constructed by other departments with a permission by the Ministry of Defence and the Ministry of Transport.

Art. 62. (amend. SG 88/05) The throwing out of earth and bottom deposits in the sea waters of the country shall be permitted only in regions determined by the Minister of Environment and Waters in co-ordination with the Minister of Transport.

Art. 63. (1) The artificial islands, installations and facilities in the continental shelf and in the exclusive economic zone shall be constructed out of the ways recognised and with significant importance for the international shipping. They shall be marked with lighting and other signs.

(2) Around the artificial islands, installations and facilities shall be established safety zones at distance 500 m from their external end. They shall include also the water column from the surface to the bottom. The zones can be with bigger extents if this is admissible by the generally accepted international standards.

(3) (amend., SG 24/04; amend. - SG 104/05, in force from 27.12.2005) Within a term determined by the State enterprise "Port Infrastructure" the individuals and the corporate bodies managing facilities that are not used shall be obliged to dismount them out of the region to extent ensuring the safety of shipping.

(4) (amend., SG 24/04; amend. - SG 104/05, in force from 27.12.2005)At non removal of the facilities of the previous para within the defined term they shall be dismounted and taken away by the State enterprise "Port Infrastructure". For the incurred expenses the State enterprise "Port Infrastructure" shall have right to claim indemnification by the liable persons by the general order.

Art. 64. The changes of the navigation situation in the internal sea waters and in the territorial sea as well as in the exclusive economic zone in the cases of art. 63 shall be announced in "News for the navigators".

Art. 65. (1) (amend., SG 24/04, amend. SG 88/05) In the region for searching and rescuing for which the Republic of Bulgaria is responsible the Ministry of Transport shall maintain organisations for rendering assistance to people, ships or aircraft in need or suffering a disaster.

(2) The region of para 1 shall be determined in compliance with the agreements achieved with the adjacent and the opposite states.

(3) The sea administration shall organise the activities for searching and rescue, the co-operation with the forces and the means of the neighbouring states and implement together with the Ministry of Defence seeking and rescuing.

Section IX.

Right to pursue

Art. 66. (1) A foreign non military ship can be pursued and detained for claiming the corresponding responsibility if there are sufficient grounds to be considered that she has:

1. breached the Bulgarian laws during the stay in the internal sea waters or in the territorial sea;

2. (amend., SG 70/04) she has committed or is preparing to commit a breach of the financial, the customs, the border control and the health requirements in the adjacent zone;

3. she has committed violation of the provisions for preservation of sea environment from pollution and for the regime of the continental shelf and of the exclusive economic zone, including the zones for safety around the artificial islands and other facilities.

Art. 67. (1) The pursuit can start when the foreign ship or one of her boats is in: the internal waters or the territorial sea - for breach of art. 66, item 1; in the exclusive economic zone or over the continental shelf - for breach of art. 66, item 3.

(2) The pursuit shall start when the foreign ship does not subordinate to the signal to stop.

(3) The pursuit shall be implemented by ships or aircraft of the Ministry of Interior and of the Ministry of Defence or of other state ships and aircraft empowered for this, having the corresponding distinction marks. It shall be conducted continuously till the pursued ship enters the territorial sea of her or other state.

Art. 68. The detained ship according to the provisions of this law can be taken to the closest safe for her Bulgarian port for investigation and claiming responsibility.

Art. 69. At ungrounded detention of foreign non military ship out of the territorial sea indemnification for the damages suffered by the ship shall be due.

Chapter three.

INTERNAL WATER WAYS (amend., SG 24/04)

Section I.

General provisions

Art. 70. (amend., SG 24/04) "Internal water ways" is the sector of the river Danube from kilometre 845.650 to kilometre 374.100, enclosed between the right bank of the river and the demarcation line of the border between the Republic of Bulgaria and Romania, determined according to the Convention for determining the river border between Bulgaria and Romania of 1908.

Art. 71. The guard of the state river border and the control over the observing of the border regime in the internal water ways shall be implemented by the bodies of the Ministry of Interior.

Art. 72. (1) (suppl., SG 102/05) A foreign non-military ship used for commercial or humanitarian objective can freely pas through the internal water ways and to visit the opened ports and roadsteads.

(2) Foreign military ships of non Danube countries shall not be admitted to pass through the internal water ways.

(3) (revoked, SG 102/05)

(4) (revoked, SG 102/05)

(5) (suppl., SG 102/05) A foreign non-military ship used for non commercial objective can pass through the internal water ways and visit the opened ports and roadsteads on the Danube river with a permission by the Council of Ministers required not less than 30 days before the visit unless other is provided in an agreement between the Republic of Bulgaria and the state of the flag.

(6) The implementation of activities of art. 20 shall be considered as violation of the peace passing through the internal water ways.

(7) (new, SG 11/05, revoked, SG 102/05)

(8) (new, SG 11/05, amend. SG 88/05, revoked, SG 102/05)

(9) (new, SG 11/05, revoked, SG 102/05)

Art. 73. (1) The use of the means for radio - navigation, the hydro-acoustic and communication apparatus, the electronic and optical systems for observation, except for ensuring the safety of shipping, shall be prohibited for the foreign ships passing through the internal water ways of the Republic of Bulgaria or located in ports or roadsteads.

(2) The use of FM radio-stations shall be permitted only for ensuring the safety of shipping and for communication with the bodies implementing supervision over shipping and with the port bodies.

(3) The ships supplied with ship land stations of the system for sea telecommunications via satellites can use them on the basis of mutuality.

(4) The ships passing through the internal water ways of the Republic of Bulgaria shall not pay fee for passing.

Art. 74. (1) The rivers, the lakes, the dams and the canals shall not be internal water ways.

(2) (amend., SG 24/04, amend. SG 88/05) The movement on the rivers, the lakes, the dams and the canals by ships of passengers and loads will industrial, commercial, tourist, sport, scientific, fishing, entertainment and other objectives shall be implemented under conditions and by order determined by the Minister of Transport.

Section II.

Rights of the Republic of Bulgaria in the internal water ways

Art. 75. In the zone of the internal water ways the Republic of Bulgaria shall implement:

1. sovereignty at exploration, development, use, preservation and management of the biological, the mineral and the energy resources on the river bottom, in its bowels and in the waters covering them as well as other activities connected with the exploration and the use of this zone;

2. exclusive rights and jurisdiction connected with:

a) creating and use of artificial islands, installations and hydro-technical facilities;

b) implementing scientific researches;

c) laying cables and pipelines;

d) preservation of the river environment;

e) other rights ensuing from international agreements to which the Republic of Bulgaria is a party and from the generally recognised principles and standards of international law.

Art. 76. (1) The transport of passengers and loads between the Bulgarian ports shall be implemented by ships sailing under Bulgarian flag.

(2) The transport of passengers and loads between the Bulgarian ports implemented by ships sailing under foreign flag shall be implemented under conditions and by order determined with an act of the Council of Ministers.

Section III.

Conditions for shipping safety

Art. 77. (amend., SG 24/04) (1) (amend. SG 88/05) The Minister of Transport, through Executive Agency "Exploration and maintenance of the Danube" shall organise, manage and control the exploration and the maintenance of the conditions for shipping in the internal water ways of the Republic of Bulgaria in compliance with the internal and international law.

(2) Executive Agency "Exploration and maintenance of the Danube", called hereinafter "the Agency" is a corporate body with a seat in Rousse and territorial units – the hydro-meteorological stations in Novo selo, Lom, Oryahovo, Svishtov, Rousse and Silistra.

(3) (amend. SG 88/05) The Agency is a secondary administrator of budget credits at the Minister of Transport.

(4) The financial support of the Agency shall be formed by budget funds and by proceeds from own activity.

(5) The activity, the structure and the organization of the work of the Agency shall be determined by structural regulations adopted by the Council of Ministers.

Art. 78. (1) The ships passing through the internal water ways of the Republic of Bulgaria and transporting dangerous loads shall be obliged to observe the standards prescribed by the Rules for transport of dangerous loads through the internal water ways, approved by the Danube commission and by the European economic commission.

(2) At entering the internal water ways of the Republic of Bulgaria the ships transporting dangerous loads shall be obliged to announce to the captain of the nearest port data about the quantity, the disposition, the kind of the dangerous loads and the unload port.

(3) The prohibition of art. 53 shall not refer to discharge or throwing out waste when the content of harmful substances meets the national standards for coast sources and for ships provided in the Regulation for sailing in the Bulgarian part of the Danube river.

Art. 79. (amend. SG 88/05) Diving and any other underwater activity in the zone of the internal water ways shall be implemented by order established by the Minister of Defence, the Minister of Interior and by the Minister of Transport.

Art. 80. (1) The laying of underwater and air cables and pipelines between the Republic of Bulgaria and Romania shall be implemented by force of the agreement between the governments of the two countries.

(2) The hydro-technical facilities connecting the two banks of the river shall be constructed on the basis of agreement between the government of the Republic of Bulgaria and the government of Romania.

Art. 81. (1) (amend. SG 88/05) The rendering of assistance to ships and people suffering disaster in the internal water ways of the Republic of Bulgaria shall be implemented under conditions and by order determined with an ordinance by the Minister of Transport.

(2) At danger of the life of the people or at threat of hampering the shipping through the internal water ways the captain of the port can attract any ship being near to render help.

Section IV.

Conditions for safety of ships

Art. 82. (1) Each ship shall have certificate for the right to sail under the flag of the state where she has been registered.

(2) (revoked, SG 24/04)

Art. 83. The ships sailing on the internal water ways of the Republic of Bulgaria shall meet the technical recommendations for the ships for internal sailing which shall be certified with the corresponding document.

Art. 84. (1) All the ships, regardless of the flag they sail with have to be supplied with the documents required by the Rules for sailing on the Danube river approved by the Danube commission and by the European economic commission as well as with the other documents required by force of international agreements to which the Republic of Bulgaria is a party.

(2) The ship documents have to be on board of the ship and to be presented for inspection at request by official representatives of the competent bodies.

(3) (revoked, SG 24/04)

Art. 85. (1) Each ship has to be supplied with sufficient number of competent crew which can at any time ensure the safety of the people, the load and the sailing.

(2) (revoked, SG 24/04)

Section V.

Supervision over shipping

Art. 86. (1) (suppl., SG 24/04) The supervision over shipping shall be implemented with objective to be observed the Rules form sailing on the Danube river, preserving the hydro-technical and the port facilities, the navigation signs and protection from pollution the waters of the Danube river by the ships sailing on the internal water ways of the Republic of Bulgaria.

(2) The supervision shall be implemented without discrimination regarding the flag under which the ship is sailing.

Art. 87. (1) (amend. SG 88/05) The supervision over shipping on the internal water ways shall be implemented by the sea administration at the Minister of Transport.

(2) At implementing their activity the servants of the sea administration shall be ruled by the Rules for the river supervision on the Danube river.

Art. 87a. (new – SG 87/05) The sea administration shall render river information services to the vessels traffic under conditions, by order and kind determined by the Council of Ministers.

Art. 88. (amend. SG 88/05) In case of break, accident or other event in the internal water ways of the country which creates danger of polluting the environment, the banks or damage of the interests connected with them the Ministry of Transport shall, with the co-operation of the interested departments, undertake all the necessary measures for prevention, restriction and removal of the danger.

Art. 89. The sea administration shall prohibit the departure of a ship on the Danube river from a Danube port or roadstead if the technical status of the ship does not ensure the observing of the norms and standards for prevention and restricting the pollution of the sea environment approved by the Republic of Bulgaria or the technical status of the documents does not meet the requirements of the Rules for sailing on the Danube river and of the Recommendations about the technical prescriptions for the ships for internal sailing.

Art. 90. (1) (amend. SG 88/05) At implementing exploration, drilling and other activities for development and use of natural resources the Ministry of Transport shall together with the Ministry of Environment and Waters exercise control over the observing of the provided measures for prevention of accidents, spilling of petrol and other pollutants as well as over the timely removal of the consequences therefrom.

(2) The Ministry of Environment and Waters shall exercise control over the coast sources of pollution.

Art. 91. (1) When there is real danger the pollution of in the sea waters of the country to spread in the waters of a Danube country it shall be notified by diplomatic channels.

(2) Each captain sailing in the zone of the internal water ways of the Republic of Bulgaria shall immediately inform with all possible means the captain of the nearest port about pollution admitted by the ship, about premeditated throwing out with objective to be saved human life on board or about a pollution found by him.

(3) (new, SG 24/04) Captain of a ship navigating in the Bulgarian section of the Danube shall be obliged to preserve the hydro-technical and port facilities and the navigation signs and, in establishing damages or accidents with the latter, inform the closest representation of the river supervision.

Chapter four.

PORTS

Section I.

General provisions

Art. 92. (amend., SG 24/04) (1) The port shall be a section including aqua terry, territory and infrastructure on the Black sea coast, the Danube river the islands and the canals, located on the territory of one or more municipalities and enclosing natural, artificially created and organisational conditions of safe landing, stay and servicing of ships.

(2) The ports connect the water areas of the Republic of Bulgaria with the land road and/or railway transport network.

(3) (amend. SG 88/05) The Minister of Transport shall exercise control over all ports with exception of the military.

(4) (amend. SG 88/05) For all ports, with exception of the military, a register shall be kept under terms and by an order determined by an ordinance of the Minister of Transport.

(5) Entered in the register under para 4 shall be:

1. the name, the kind and the use of the port;

2. the port activities and services carried out on the territory of the port;

3. the number and the date of issuance of the certificate for operational fitness of the port;

4. the term of termination or restriction, temporarily or permanently, of the operations on the port;

5. (amend. - SG 104/05, in force from 27.12.2005) port receiving facilities for waste – result of shipping activity;

6. changes in the circumstances under item 1, 2, 3 and 4;

7. the date of deletion of the entry and the grounds thereof.

(6) The ports for public transport under appendixes 1 and 2 shall be entered in the register for the ports upon issuance of the certificate for operational fitness.

(7) On a port which is not entered in the register under para 4 may not be carried out port activities and services under this law.

(8) The register under para 4 shall be public.

Art. 92a. (new, SG 24/04) (1) The aqua terry of the ports is an exclusive state property.

(2) The territory and the infrastructure of the ports may be property of the state, of the municipalities, of individuals and corporate bodies.

Art. 93. The ports shall be:

1. for public transport - regardless whether they implement internal or international traffic;

2. fishing;

3. yacht;

4. with special designation;

5. military, including border police;

Art. 94. (amend., SG 24/04) (1) (amend. SG 88/05) The port operators and the owners of ports or of port facilities shall concede to the Ministry of Transport statistical information connected with their activity under conditions and by order defined by an ordinance of the Minister of Transport in coordination with the chairman of the National Statistics Institute.

(2) The information of para 1 shall be official secret.

Art. 95. (amend., SG 24/04) (1) (amend. SG 88/05) The Minister of Transport shall define by an ordinance the requirements for operational fitness of the ports, with exception of the military, for qualification of the manpower and for issuance of certificates for operational fitness. The ordinance shall also define the terms and the order of termination or temporary or permanent restriction of the operation of the ports.

(2) (amend. SG 88/05) The operational fitness of the ports shall be shown by a certificate for operational fitness issued by the Minister of Transport or by an official authorized by him.

Art. 96. (amend., SG 24/04) (1) (amend. SG 88/05) The information regarding the fulfillment of the requirements for operational fitness of the ports shall be submitted to the Minister of Transport.

(2) (amend. SG 88/05) The Minister of Transport may, by an order, suspend or temporarily or permanently the operation of the ports which do not meet the requirements determined by the ordinance under art. 95, para 1.

(3) (amend. - SG 30/06, in force from 12.07.2006) The order under para 2 shall be subject to appeal by the order of the Administrative procedure code.

Art. 97. (amend., SG 24/04) The boundaries of the territory of the military ports shall be coordinated with the Minister of Defence.

Art. 98. (amend., SG 24/04) The coordinates and the navigation maps of the aqua terry shall be announced publicly.

Art. 99. (amend., SG 24/04) (1) The open ports, with exception of the military, shall be generally accessible and, according to their purpose, shall provide equal conditions for all ships.

(2) (amend. - SG 104/05, in force from 27.12.2005 )Port receiving facilities for waste – result of shipping activity shall be generally accessible and shall be used by their owners only according to their designation.

Art. 100. (amend., SG 24/04) (1) The Bulgarian non-military ships shall raise the national flag of the Republic of Bulgaria in the internal sea waters and in the internal water ways. The national flag of the Republic of Bulgaria shall also be raised by the ships of the Navy. The foreign non-military ships shall raise the national flag of the Republic of Bulgaria besides the flag of their country.

(2) All non-military ships shall have permanently written on their board the name or the number of the ship and of the port where they have been registered, and the military – only the name or the number.

(3) The navigation and maneuvering in the waters under para 1 shall be carried out by observing the provisions of the International Rules for prevention of collisions of ships at sea and the Regulations for navigation in the Bulgarian section of the river Danube (SG 6/92).

Art. 101. (amend., SG 24/04) (1) Carried out in ports servicing ships of international sailing shall be border passport, customs, medical sanitary, veterinary and phyto-sanitary control, as well as control of the transport vehicles in compliance with the current legislation.

(2) (amend. SG 88/05) The organization of the control under para 1 shall be determined by an ordinance adopted by the Council of Ministers at a proposal of the Minister of Transport, in coordination with the respective ministers exercising the control under para 1.

Art. 102. (amend., SG 24/04, amend. SG 88/05) The order of calling, maneuvering, stay, including spending the winter of ships in the ports, of ascending the ship and descending to the coast by the crew or by other persons, as well as for connection of the ship with the coast, shall be determined by an ordinance of the Minister of Transport.

Section II.

Ports for public transport

Art. 103. (amend., SG 24/04) (1) (amend., SG 24/04)Port for public transport shall be any port providing against payment port services and other accompanying activities to/on ships and ground transport vehicles, which is accessible without restriction to all ships and cargo.

(2) The ports for public transport shall have at least the following natural, artificially created and organizational conditions:

1. aqua terry;

2. safe roadsteads, quays or facilities for berthing, allowing the stay on anchor, the approaching and mooring of ships, to enable them to carry out their operations under the required conditions of safety;

3. operative zone designated for loading and unloading services;

4. railway and/or automobile approaches providing connection with the road network and the railway infrastructure;

5. organization allowing effective servicing of the ships and their crews;

6. (amend. - SG 104/05, in force from 27.12.2005) (*) Plan of management of waste – result of shipping activity, including the opportunity to conclude contracts with providers of services for accepting waste of shipping activity, as well as receiving port faculties for waste – result of shipping activity.

(3) The territory of the ports for public transport shall include one or more terminals and it may include zones for carrying out activities under art. 116a, as well as property for expansion and development of the port.

(4) The territory of the ports for public transport servicing ships of the international sailing shall also include obligatorily a zone for exercising the control under art. 101, para 1.

(5) The port terminals shall include an operative zone equipped in compliance with the designation of the terminal and the technology of processing of the respective kind of cargos. According to the technology of processing the respective kind of cargo and the designation of the terminal it may include a zone for storing cargo and parts of the total technical infrastructure of the port.

(6) A part of a port for public transport, which is technologically connected with the process of processing and storing of cargo, may be located on a territory which is not located immediately on the coast.

Art. 103a. (new, SG 24/04) (1) The ports for public transport are:

1. of national importance – appendix No 1;

2. of regional importance – according to appendix No 2, within the boundaries determined by the current detailed development plans by the time of enactment of this provision.

(2) (amend. SG 88/05) The Minister of Transport shall work out a national programme for development of the ports for public transport which shall be approved by the Council of Ministers.

Art. 103b. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) The access to the ports for public transport of national importance shall be paid at prices determined and announced by National Company "Ports".

(2) The prices for access to the ports for public transport of national importance shall be paid by the calling ships, and include canal, tonnage ship, linear quay and lighting prices and shall be used for covering the expenses for construction and maintenance of sea canals, external protection dikes, docks, basins, quays, buoys, lighthouses, port infrastructure, dragging and increase of the maximal depth of the water.

(3) The prices under para 2 shall be paid to National Company "Ports" and shall be spent for providing conditions of access to the ports for public transport of national importance. National Company "Ports" shall transfer to the Ministry of Defence a part of the lighting prices, proportional to the fires kept by them.

(4) In the cases where National Company "Ports" provides an access to the ports for public transport of regional importance and to the ports under art. 107 – 109 it shall charge prices including canal, tonnage ship and lighting prices, as the linear quay fees shall be paid to the owners of the respective ports.

(5) A fee in a size determined by the Council of Ministers shall be paid for the right of using the aqua terry by the owners of ports for public transport of regional importance and of the ports under art. 107 – 109.

(6) The prices of the services provided at the ports for public transport shall be collected by the persons providing the services.

Art. 103c. (new - SG 104/05, in force from 27.12.2005) (1) The ships which visit the public transport ports of national importance, shall pay port fees. The fees shall be paid before the ships leaves the port and shall include:

1. channel fees;

2. tonnage ship fees;

3. linear quay fees;

4. light fees;

5. (in force from 01.01.2007) fees for management of waste – result of shipping activity;

(2) The fees under Para 1, items 1- 4 shall be collected by State enterprise "Port Infrastructure" and shall be spent for providing the access to the public transport ports of national importance, including for covering the expenses, for construction and maintenance of sea canals, external protection dikes, docks, basins, quays, buoys, lighthouses, port infrastructure, dragging and increase of the maximal depth of the water. The State enterprise "Port Infrastructure" shall transfer to the Ministry of Defence the part of the light fees, which is proportional to the maintained by it lights.

(3) (in force from 01.01.2007) The fees under Para 1, item 5 shall be collected by the State enterprise "Port Infrastructure" and shall be spent for the management waste – result of shipping activity.

(4) The Council of Ministries upon a proposal of the Minister of Transport shall determine the amount of the fees under Para 2 and 3, the procedure and the cases, where they shall be collected, as well as the cases of exemption from payment of fees for management of waste – result of shipping activity.

(5) Where the State enterprise "Port Infrastructure" provides access to the public transport ports of national importance and to the ports of Art. 107 – 109 by maintenance of the aqua terry or the approach channels to them as well as of Art. 107- 109 use port infrastructure of public transport ports of national importance, the State enterprise "Port Infrastructure" shall collect the fees under Para 1, items 1, 2 and 4. In these cases the linear quay fees shall be determined in amount and collected by the owners of public transport ports of regional importance and by the owners of the ports under Art. 107 – 109.

(6) For the right to use the aqua terry, the owners of public transport ports of regional importance and of the ports under Art. 107 – 109 shall pay aqua terry fee in amount determined by the Council of Ministers.

(7) The prices of the services which shall be provided at the public transport ports, shall be collected by the persons who perform the services.

Art. 103d. (new - SG 104/05, in force from 01.01.2007) (1) The ships which visit the public transport ports of regional importance shall pay fees for management of waste – result of shipping activity.

(2) The fees shall be paid before departure of the ship from the port and shall determined in amount by the owner of the port and shall be spent for management of waste – result of shipping activity.

(3) The owner of a port may discharge from payment of fees under Para 1 a ship, which:

1. has enough capacity to keep on board the existing waste, as well as this which shall be generated to the next port, or

2. sails under established ship line and has a concluded contract to leave the waste – result of shipping activity at some of the ports of the line.

(4) Discharging under Para 1 shall not be admitted if the next port is not known or has not equipment to accept waste – result of shipping activity.

Art. 104. (amend., SG 24/04) (1) (amend. SG 88/05) The Minister of Transport shall determine by an ordinance the requirements for the organization of the work in the ports for public transport.

(2) The Minister of Defence shall determine by an ordinance the organization of the work in the military ports.

(3) (amend. - SG 104/05, in force from 27.12.2005) Executive Agency "Port Administration" and the port operators shall make proposals and shall participate in the activity of introducing the international and European standards of management of the safety and quality, for protection of the environment and for the requirements for the personnel of the ports as Bulgarian standards under the terms and by the order of the Law for the national standardization.

Art. 105. (amend., SG 24/04) Trans-shipping in the water, at a distance from the coast, shall be admitted only on roadsteads of a port for public transport upon coordination with the captain of the respective port.

Art. 106. (amend., SG 24/04) (1) The territory and the port infrastructure of the ports for public transport of national importance shall be public state property with exception of the zones for storing cargo, which may also be property of individuals and corporate bodies.

(2) The territory and the infrastructure of the ports for public transport of regional importance may be property of the state, the municipalities, individuals and corporate bodies.

Section III.

Other Ports (new, SG 24/04)

Art. 107. (amend., SG 24/04) Fisher port is every port designated for permanent harbouring or landing of fishing ships for unloading fresh fish, which does not carryout processing of other cargo and servicing of passengers and mail in the meaning of art. 116.

Art. 108. (amend., SG 24/04) Yacht port is every port designated for permanent harbouring or landing of yachts and boats for coastal and international sailing on water, water sports, tourism and entertainment programmes. The servicing of yachts is not a passenger service I the meaning of art. 116, para 2, item 3.

Art. 109. (amend., SG 24/04) Special purpose port is every port which is technologically connected with the production process of the ship building and ship repair enterprises, as well as of the specialized coastal enterprises for hydro-technical and hydrological research, construction, tugging and rescue, and for protection of the environment, and does not carry out processing of cargo, passengers and mail.

Art. 109a. (new - SG 104/05, in force from 27.12.2005) (1) The ships which visit the ports under Art. 107 – 109, shall pay fees for management of waste – result of shipping activity.

(2) The fees shall be paid before departure of the ship from the port and shall determined in amount by the owner of the port and shall be spent for management of waste – result of shipping activity.

Art. 110. (amend., SG 24/04) (1) A part or the whole necessary services of anchoring, stay, supply, repair and maintenance of ships shall be carried out at the ports under art. 107 – 109.

(2) (new - SG 104/05, in force from 27.12.2005) The ports under art. 109 shall have plan of accept of waste – result of shipping activity and receiving facilities for waste – result of shipping activity, and the plans shall be co-ordinated in advance with the Minister of Environment and Waters or with an empowered by him/her official.

Art. 111. (amend., SG 24/04) Military, including border police port, quay, sea or river facility shall be any port or quay designated for permanent harbouring or landing of military ships or ships of the Ministry of Interior.

Art. 112. (amend., SG 24/04) (1) The territory and the infrastructure of the ports under art. 107 – 109 may be property of the state, of the municipalities, of individuals and corporate bodies.

(2) The zones in the ports for public transport of national importance which, according to their purpose, correspond to the characteristics of the ports under art. 107 and 108 shall be public state property.

(3) (amend. - SG 104/05, in force from 27.12.2005 ) The owners of ports under para 1 shall be obliged to declare to Executive Agency "Port Administration" their rights on the sites possessed by them for entering in the register under art. 92, para 4.

(4) (amend. - SG 104/05, in force from 27.12.2005 )The type and the designation, as well as the changes in the type and designation of the ports shall be registered by Executive Agency "Port Administration".

(5) Not admitted shall be the implementation of activities and services other than those indicated in the registration of the port.

(6) (amend., SG 24/04) For ships and other ships used by the bodies of the Ministry of Interior shall apply the regime stipulated for the military ships.

Section IV.

Construction of New Ports, Expansion, Reconstruction and Rehabilitation of Ports (new, SG 24/04)

Art. 112a. (new, SG 24/04) (1) (amend. SG 88/05) Decision for expansion of an existing and for construction of a new port for public transport of national importance shall be taken by the Minister of Transport in compliance with the national programme under art. 103a, para 2 approved by the Council of Ministers. The decision shall be preceded by a study and a draft general plan for development of the port, worked out on this basis.

(2) The general plan of a port for public transport shall be based on a preliminary (pre-investment) study for the development of the port and shall determine:

1. the functional zoning according to the technological and organizational separation of the necessary territory of the port;

2. the terrains for terminals and the zones for carrying out activities under art. 116a;

3. the communication-transport network and the other common networks and facilities of the technical infrastructure of the port, as well as the facilities of the port.

(3) (amend. SG 88/05) The general plan for development of a port for public transport shall be adopted by an inter-departmental expert council appointed by the Minister of Transport and the Minister of Regional Development and Public Works.

(4) The inter-departmental expert council shall obligatorily include authorized representatives of the municipalities and the regions at the location of the port for public transport and experts from the Ministry of Finance, the Ministry of Defence, the Ministry of Interior and the Ministry of Environment and Waters. Depending on the specifics of the respective port the council may include representatives of other interested bodies.

(5) (amend. SG 88/05) The adopted general plan under para 3 shall be approved by the Minister of Transport and by the Minister of Regional Development and Public Works.

(6) (amend. SG 88/05; suppl. - SG 104/05, in force from 27.12.2005) The Minister of Transport and the Minister of Regional Development and Public Works shall issue an ordinance for the scope and the contents of the general plans for development of the ports for public transport of national importance, as well for their drafting, approval and amendment.

(7) The general plan approved by the order of para 5 shall be a support plan in the meaning of the Law for the spatial planning.

(8) The detailed development plan of the port for public transport of national importance shall be approved as a plan for regulation determining the regulation of the road communications and the separate territories of construction.

(9) The general plan and the current detailed development plan of the port shall be the basis for issuance of a visa for designing the whole port or individual sites and sub-sites of it.

Art. 112b. (new, SG 24/04) (1) (amend. - SG 104/05, in force from 27.12.2005) Individuals or corporate bodies, registered as entrepreneurs, having an investment initiative for construction of a new port for public transport of national importance, or its terminal on or outside the territory of an existing port, shall file an application with Executive Agency "Port Administration".

(2) The application under para 1 shall contain:

1. technological and financial substantiation of the investment initiative;

2. investment programme and data for the financial provision of its realization;

3. individualization of the territory on which the port may be constructed, along with preliminary study of the presence of suitable geographic, hydrological, hydro-geological and other terms and of the possibilities of its connection with the road network and with the railway infrastructure;

4. a draft general plan, respectively amendment of a current general plan – for expansion of an existing port;

5. study of the traffic of the respective type of cargos;

6. the necessity and the size of the public investments for alienation of land properties, for construction of road connections, of parts of the common technical infrastructure of the port, and in the cases where the port shall service ships of international navigation – also of a zone of border control regime.

(3) (amend. - SG 104/05, in force from 27.12.2005 )Executive Agency "Port Administration" shall analyse the investment initiative presented in the application and the possibility of using the necessary public investments, as well as its compliance with the approved national programme under art. 103a, para 2.

(4) (amend. SG 88/05; amend. - SG 104/05, in force from 27.12.2005) Executive Agency "Port Administration" shall present to the Minister of Transport a motivated statement along with the results from the analysis and the inspection and the application within three months from receiving the application.

(5) (amend. SG 88/05) The Minister of Transport, taking into account the statement under para 4 shall:

1. undertake actions for approval of the proposed draft general plan and for preparation of the documents required by the law for announcing a procedure for granting a concession for construction or expansion of the port in connection with the provision of the port services declared by the investment intention, or

2. refuse the undertaking of actions for approval of the draft general plan and for preparation of the documents required by the law for announcing a procedure for granting a concession.

Art. 112c. (new, SG 24/04) (1) (amend. - SG 104/05, in force from 27.12.2005) A decision for reconstruction and rehabilitation of a whole or a part of an existing port for public transport of national importance shall be taken by the management board of State enterprise "Port Infrastructure"

(2) (amend. - SG 104/05, in force from 27.12.2005) The investment designing for construction of a new or for expansion, reconstruction and rehabilitation of an existing port for public transport of national importance shall be assigned by the State enterprise "Port Infrastructure" or by the concessionaire – in the cases where according to the concession contract the construction, expansion, reconstruction or rehabilitation is carried out by resources of the concessionaire.

(3) (amend. SG 88/05) The Minister of Transport shall be obliged, within three months from the commissioning of a new port, to present to the Council of Ministers a draft bill for supplement of appendix No 1.

Art. 112d. (new, SG 24/04) (1) (amend. - SG 104/05, in force from 27.12.2005) Individuals or corporate bodies, registered as entrepreneurs, having an investment initiative for construction of a new or expansion of an existing port for public transport of regional importance shall file an application with Executive Agency "Port Administration".

(2) The application under para 1 shall contain:

1. the documents under art. 112b, para 2, item 1, 2, 3 and 4;

2. documents certifying the rights of the person on the territory on which the port will be constructed.

(3) (amend. SG 88/05; amend. - SG 104/05, in force from 27.12.2005) Within 1 month from receipt of the application Executive Agency "Port Administration" shall carry out inspection regarding the compliance of the investment initiative with the programme under art. 103, para 2 and shall present to the Minister of Transport the results from the inspection, as well as a motivated statement.

(4) (amend. SG 88/05; amend. - SG 104/05, in force from 27.12.2005) The opening of the procedure for construction of a new or for expansion of an existing port for public transport of regional importance shall be carried out by the order of art. 112b, para 3 and 4 and, taking into consideration the motivated statement of Executive Agency "Port Administration", the Minister of Transport shall:

1. undertake actions for approval of the proposed draft general plan for construction or expansion of the port in connection with the providing of the port services declared by the investment intention, or

2. refuse to undertake actions for approval of the draft general plan.

(5) (amend. SG 88/05) The Minister of Transport shall be obliged, within up to three months from commissioning a new port, to put forward to the Council of Ministers a draft bill for supplement of Appendix No 2.

Art. 112e. (new, SG 24/04, amend. SG 88/05) The allocation of a territory and aqua terry for construction of ports under art. 107 – 109 shall be made by a detailed development plan. The plan shall be coordinated with the Minister of Transport.

Section V.

National Company "Ports" (amend., SG 24/04; prev. section IV – SG 24/04, changing Section number declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05)

Art. 113. (1) (amend. SG 88/05) The Minister of Transport shall manage and control the port activity in the Republic of Bulgaria.

(2) (amend., SG 24/04, amend. SG 88/05) The Minister of Transport shall implement his powers through the National Company "Ports", established by the order of the Law for the administration as a corporate body at budget maintenance, secondary administrator with budget credits, with headquarters in Sofia and territorial units.

Art. 114. (1) (amend., SG 24/04) The National Company "Ports" shall:

1. ensure the security and the safety of the ports and the level of the announced categories of ports and standards for fulfilment of the functions undertaken as obligations by the state by force of international agreements as well as to solve all the problems of immediate public interest;

2. co-ordinate the management and the maintenance of the ports for public transport;

3. keep register of all the ports in the Republic of Bulgaria;

4. prepare, maintain and preserve register with data base for the lands, the buildings, the port facilities, the road and the railway approaches, the underwater, the underground and the over-ground communications of the port infrastructure and substructure;

5. organise the maintenance of the existing and the construction of new approach canals, port water zones, sea and river deposit places for dragged material, protective facilities etc.;

6. (amend. SG 88/05) assist the Minister of Transport in implementing the control over the fulfilment of the concession contracts;

7. keep register of the port operators;

8. give permissions for access to the ports;

9. control the observation of the requirements for technical safety of the port facilities, for labour safety and safe implementation of loading and unloading operations by personnel qualified for the corresponding activity;

10. create conditions for the fulfilment of the provisions for the defence - mobilisation preparation and the civil defence in the ports and for the border control regime;

11. control the observing of the requirements for free access and application of equal competition conditions for the operators of port activities;

12. collect, process and present port statistical data;

13. collect canal fees, tonnage ship feel, line quay fees and light fees;

14. give obligatory recommendations under art. 104, para 3;

15. issue obligatory prescriptions about the used re-loading technologies and control the observing of the technological rules for processing of ships and loads at quay and roadstead;

16. control the observing of the conditions and the order for implementing the port activities and services;

17; implement other activities determined with a law or with an act by the Council of Ministers.

(2) (amend., SG 24/04) The National Company "Ports" shall concede to the Ministry of Defence the sums collected for lighting under para 1, item 13.

Art. 115. (1) (amend. SG 88/05) The financing of the activities for ensuring the safety of shipping and maintaining and development of the ports for public transport shall be implemented through the budget of the Ministry of Transport.

(2) The activities of para 1 shall be financially ensured from:

1. the fees of art. 114, para 1, item 13, without the light fees;

2. interests from deposits of own funds and from delayed payments;

3. (revoked - SG 36/06, in force from 01.07.2006)

(3) With the funds collected under para 2 shall be ensured the expenses for:

1. safety of shipping in the canals and the water area of the ports for public transport;

2. designing, construction, development, safety and maintenance of the ports for public transport as well as the breakwaters and the fostering facilities in the adjacent water area;

3. dismantling and taking away facilities under art. 63, para 4;

4. (amend., SG 24/04) maintenance of National Company "Ports".

(4) (amend., SG 24/04, amend. SG 88/05) The National Company "Ports" shall prepare every year programme approved by the Minister of Transport about the rationale of the necessary expenses of para 3 as well as for redemption of credits received for the development of the port infrastructure.

(5) (amend. SG 88/05) All the resources released by the Ministry of Transport by the order of this Art. for funding activities for ensuring and maintenance the safety of shipping as well as the collected fees shall not be levied with taxes.

(6) (Revoked, SG 111/01)

Section VI.

National Company "Ports" (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05)

Art. 115a. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) Established is National Company "Ports" with a status of a state enterprise in the meaning of art. 62, para 3 of the Commercial Law as a corporate body with a seat in Sofia and branches – territorial units as follows:

1. port Varna with a region of activity from the geographic parallel of the Bulgarian-Romanian border to the geographic parallel of cape Emine;

2. port Bourgas with a region of activity from the geographic parallel of cape Emine to the geographic parallel of the Bulgarian-Turkish border;

3. port Rousse with a region of activity from kilometer 374,100 to kilometer 645 of the Bulgarian section of the river Danube;

4. port Lom with a region of activity from kilometer 645 to kilometer 845,650 of the Bulgarian section of the river Danube.

(2) National Company "Ports" shall fulfil the functions of a port authority regarding the port infrastructure of all ports with exception of the military.

(3) The state shall submit to National Company "Ports" property – public and private state property, determined by a decision of the Council of Ministers, for the fulfilment of the subject of its activity.

(4) National Company "Ports" shall manage the submitted long-term assets – public state property of the ports for public transport of national importance.

(5) No enforcement may be directed against the property – public state property, submitted to National Company "Ports".

Art. 115b. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) The subject of activity of National Company "Ports" shall be:

1. management of the property and organization of the work in the ports for public transport of national importance;

2. construction, reconstruction, rehabilitation and maintenance of the ports for public transport of national importance;

3. (amend. SG 88/05) gathering and submitting to the Minister of Transport information for the fulfilment of the requirements for the operational fitness of the ports;

4. keeping the registers for the ports and for the port operators in the Republic of Bulgaria;

5. providing access to the ports for public transport of national importance;

6. creating conditions for fulfilment of the provisions regarding the provision of the security, defence and civil protection in the ports.

(2) For implementing its subject of activity National Company "Ports" shall:

1. provide the security and safety of the ports and provide the level of the announced categories of ports and standards in fulfillment of the functions undertaken as an obligation of the state by virtue of international agreements, as well as resolve all issues of immediate public interest;

2. (amend. SG 88/05) gather and submit to the Minister of Transport for fulfillment of the requirements for operational fitness of the ports;

3. carry out activities related to construction, reconstruction, rehabilitation and maintenance of the ports for public transport of national importance except in the cases where this is assigned to a concessionaire or to a sole-owner company with state participation in the capital;

4. maintain the existing and construct new approach canals, port aqua terries, sea and river depots for disposing of dragging mass, moles, protective facilities and others servicing the ports for public transport of national importance;

5. maintain the means of navigation providing in the cases where this is of its competence;

6. collect and spend the returns from the prices for access to the ports;

7. conclude and control the fulfillment of the contracts under art. 116a, para 3 and art. 117b, para 1;

8. (amend. SG 88/05) assist the Minister of Transport in exercising the control over the fulfillment of the concession contracts;

9. (amend. SG 88/05) make proposals to the Minister of Transport for termination of the activity or restriction, temporary or permanent, of the operation of ports which do not meet the requirements of this law;

10. organize the raising, the maintenance of current state and submitting of specialized data of the sites under art. 32, para 1, item 1 of the Law for the cadastre and the property register and create specialized maps, registers and information systems;

11. organize the management of the ownership of the sites related to the fulfillment of the activities under para 1, item 6;

12. carry out other activities determined by a law or by a by-law.

(3) National Company "Ports" may not carry out port services under art. 116, para 2, item 2 and 3, except on pre-term pre-emption of a contract with a port operator until the conclusion of a new contract by the order stipulated by the law.

(4) National Company "Ports" may not participate in trade companies which, provide by trade port services under art. 116, para 2, item 2 and 3.

Art. 115c. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) Bodies of National Company "Ports" are:

1. (amend. SG 88/05) the Minister of Transport;

2. the management board;

3. the director general.

Art. 115d. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05, amend. SG 88/05) The Minister of Transport shall:

1. exercise the rights of ownership of the state in National Company "Ports";

2. appoint and release the members of the management board;

3. appoint and release the director general of National Company "Ports";

4. permit the participation of National Company "Ports" in trade and civil companies, as well as in non-profit corporate bodies;

5. approve regulations for the structure, functions and activity of National Company "Ports";

6. approve the annual programme of National Company "Ports".

Art. 115e. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) (amend. SG 88/05) The management board shall consist of 5 members, including the director general, who shall be appointed by the Minister of Transport for a period of up to 5 years.

(2) (amend. SG 88/05) The Minister of Transport shall appoint and release the members of the management board and shall conclude a management contract with each of the members of the management board.

(3) The members of the management board may not carry out on their behalf, or in another person’s behalf, a competitive activity and have contractual relations with other enterprises, companies and associations with a similar subject of activity.

(4) Member of the management board may not be a person who:

1. has been convicted for a general nature crime;

2. a spouse or a relative on direct, collateral line or by marriage up to third degree including with another member of the management board.

(5) The management contract with a member of the management board shall be pre-empted before the expiration of its term where the person:

1. does not meet the requirements of the law;

2. violates or does not fulfil the requirements stipulated by the law or by the management contract;

3. has filed a written application for release.

(6) (amend. SG 88/05) In the cases under para 5, or a death of a member of the management board, the Minister of Transport shall appoint a new member for a term up to the end of the initial mandate and shall conclude a contract with him.

(7) The management board shall:

1. elect among its members a chairman and a deputy chairman and shall release them;

2. elect and release the deputies of the director general and the directors of the territorial divisions of National Company "Ports" at a proposal of the director general;

3. (amend. SG 88/05) adopt draft regulations for the structure, the functions and the activity of National Company "Ports" and propose it to the Minister of Transport for approval;

4. (amend. SG 88/05) adopt the programmes of National Company "Ports" and propose them for approval by the Minister of Transport;

5. (amend. SG 88/05) propose to the Minister of Transport the structure the personnel and the resources for salaries of National Company "Ports";

6. (amend. SG 88/05) adopt the annual accountancy balance and report of National Company "Ports" and present it for approval by the Minister of Transport;

7. appoint a certified chartered accountant or an auditing enterprise for endorsement of the annual accountancy balance and report;

8. (amend. SG 88/05) adopt draft decisions for participation of National Company "Ports" in international and national non-profit organizations and propose them for approval by the Minister of Transport;

9. adopt decisions for cooperation of National Company "Ports" with similar organizations in the sphere of ports.

Art. 115f. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) The director general of National Company "Ports" shall:

1. represent National Company "Ports" before the state bodies, courts and third persons in the country and abroad;

2. manage the overall activity of National Company "Ports";

3. conclude contracts for the activities carried out by National Company "Ports";

4. conclude and pre-empt the employment contracts with the workers and employees of National Company "Ports";

5. report on his activity to the management board.

(2) The director general may delegate some of his legal authorities under para 1 to other employees of National Company "Ports" upon approval of the management board.

Art. 115g. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) The proceeds of National Company "Ports" shall be formed by:

1. the prices of the fees under art. 103b;

2. the monetary proceeds from concession remuneration or from the remuneration under the contracts for providing port services under art. 116, para 3, item 1 and from the contracts for carrying out the activities under art. 116a, para 3;

3. proceeds from own activity;

4. interest on deposits of own funds and on overdue payments;

5. the republican budget;

6. activities related to the implementation of the subject of activity under art. 115b, para 1 and 2.

(2) The resources under para 1 shall be spent for:

1. implementation of the subject of activity of National Company "Ports" under art. 115b, para 1 and 2;

2. providing the safety of the ship navigation in the canals and the aqua terry of the ports for public transport of national importance;

3. dismantling and taking out of installations by the order of art. 63, para 4;

4. support of the National Company "Ports".

Art. 115h. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) The government shall participate in the financing of the activities for the construction, maintenance and development of ports for public transport of national importance, including in the creation, storing and maintenance of capacities and material resources for the defence and mobilization measures of the country.

Art. 115i. (new, SG 24/04, declared anti-constitutional Decision No 5/05 of Constitutional court – SG 45/05) (1) (amend. SG 88/05) On the basis of the national programme under art. 103a, para 2 National Company "Ports" shall work out and the Minister of Transport shall approve a long-term programme for the construction, maintenance, repair, development, management and using of the ports for public transport of national importance, including for granting concessions and for providing port services under art. 116, para 3, item 1 and the activities under art. 116a.

(2) (amend. SG 88/05) On the basis of the long-term programme under para 1, annually by October 31 of the proceeding year, National Company "Ports" shall present for approval by the Minister of Transport an annual programme for the next calendar year. The annual programme shall contain a detailed information for the revenue, expenses, investments and financing.

Section VI.

"a" Executive Agency "Port Administration" (new – SG 104/05, in force from 27.12.2005)

Art. 115k. (new – SG 104/05, in force from 27.12.2005) (1) The Minister of Transport shall govern and control the port activity in the Republic of Bulgaria through the Executive Agency "Port Administration".

(2) Executive Agency "Port Administration" shall execute the regulatory and the controlling functions of the state in the field of the ports, and shall:

1. monitor the provisions on providing the safety, defence and the civil defence in the ports;

2. keep the registers of the ports and the ports operators in the Republic of Bulgaria;

3. collect and provide to the Minister of Transport Information about the fulfillment of the requirements for exploitation capability of the ports;

4. make proposal to the Minister of Transport to discontinue the activity or to limit temporary or permanently the exploitation of the ports which do not meet the requirements of these law or perform ports services offending Art. 116, Para 5;

5. control the observation of the requirements for technical safety of the ports equipment, for protection of labour and safe performance of loading and unloading operations;

6. determine the levels of safety of the ports;

7. controls the observation of the requirements for free access and the application of equal competence conditions at the public transport ports of national significance;

8. make proposals to the Minister of Transport for amendment of the amounts of the ports fees;

9. supports the Minister of Transport at the carrying out the control over the execution of the concession agreements;

10. controls the execution of the contracts under Art. 116a, Para 3 and Art. 117b, Para 1;

11. perform another functions, assigned to it by a law or an act of the Council of the Ministers.

(3) For execution of the activities under this law, the Executive Agency "Port Administration" shall administrate incomes from:

1. the fees under Art. 103c, Para 6;

2. providing data from the public registers, kept by the agency;

3. rent from property;

4. the activities and the services, performed by the agency.

Section VI.

"b" State enterprise "Port Infrastructure" (new – SG 104/05, in force from 27.12.2005)

Art. 115l. (new – SG 104/05, in force from 27.12.2005) (1) Established shall be State enterprise "Port Infrastructure" – a legal person in the meaning of Art. 62, Para 3 of the Commercial Law, with a seat Sofia and branches – territorial units as follows:

1. port Burgas with region of activity from the geographic parallel of the Bulgarian – Turkish border to he geographic parallel of cape Emine;

2. port Varna with region of activity from geographic parallel of cape Emine to the geographic parallel of the Bulgarian – Romanian border;

3. port Lom with region of activity from kilometer 645 to kilometer 845,650 of the Bulgarian sector of river Danube;

4. port Russe with region of activity from kilometer 374,100 to kilometer 645 of the Bulgarian sector of river Danube

(2) The state shall provide to the State enterprise "Port Infrastructure" property – public and private state ownership, determined by a decision of the Council of Ministers for execution of its activity.

(3) State enterprise "Port Infrastructure" shall govern the ports infrastructure and the other capital assets of the public transport ports of national importance.

(4) Against the property – public state ownership, provided to the State enterprise "Port Infrastructure" may not be directed enforcement procedure.

(5) For State enterprise "Port Infrastructure" insolvency procedure may not be initiated.

Art. 115m. (new – SG 104/05, in force from 27.12. 2005) (1) The scope of activity of the State enterprise "Port Infrastructure" shall be:

1. construction, re-construction, rehabilitation and maintenance of public transport ports of national importance, except the cases where this is assigned to a concessionary or to a single-person trade company of state participation in the capital; these activities shall be coordinated with the Minister of Environment and Waters;

2. management of the ownership and organization of the work at the public transport ports of national importance

3. providing of access to the public transport ports of national importance;

4. maintenance of the existing and construction of new approach channels, port aqua terries and river depots for release of dragging mass, breakwaters, protective equipment and other servicing the public transport ports of national importance; these activities shall be coordinated with the Minister of Environment and Waters;

5. performance of the navigation providing of the shipping in the internal sea waters, the channels and the aqua terry of the ports;

6. collection and spending of the port fees under Art. 103c, Para 1;

7. concluding the contracts under Art. 116a, Para 3 and Art. 117b, Para 1;

8. making out, keeping and saving a register, containing data of the ports infrastructure;

9. support to the Minister of the Transport at carrying out the control over the execution of the concession agreements and the agreements with single-person companies for performance of port services and the activities under Art. 116a, Para 1;

10. organizing the collection, maintenance in updated status and providing of specialized data about the sites under Art. 32, Para 1, item 1 of the Law of the cadastre and the property register and creation of a specialized maps, registers and information systems;

11. ( in force from 01.01. 2007) concluding contracts with port operators for performance of port services of management of waste – result of sipping activity.

(2) State enterprise "Port Infrastructure" may not perform port services under Art. 116, Para 2, items 2 and 3, except in event of termination of a contract with a port operator ahead of the term till the conclusion of a new contract under the provided by the law procedure.

(3) State enterprise "Port Infrastructure" may not participate in trade companies, which have scope of activity port services under Art. 116, Para 2.

Art. 115n. (new – SG 104/05, in force from 27.12. 2005) Managing bodies of State enterprise "Port Infrastructure" shall be

1. the Minister of Transport;

2. the Managing Board;

3. the General Director.

Art. 115o. (new _ SG 104/05 in force from 27.12. 2005) The Minister of Transport shall:

1. exercise the rights of ownership of the State in the State enterprise "Port Infrstructure";

2. appoint and dismiss the members of the Managing Board;

3. appoint and dismiss the General Director of State enterprise "Port Infrastructure";

4. permit the participation of the State enterprise "Port Infrastructure" in trade or civil companies, as well as in non-profit legal persons;

5. approve regulations of the structure, functions and the activity of State enterprise "Port Infrastructure";

6. approve the structure, staff and the salaries funds of the State enterprise "Port Infrastructure";

7. approve a long-term programme for the construction, re-construction, rehabilitation, maintenance, development and the management of the infrastructure of the public transport ports of national importance;

8. approve annual programme of the State enterprise "Port Infrastructure" for the construction, re-construction, rehabilitation, maintenance, development and the management of the infrastructure of the public transport ports of national importance;

9. approve the annual accounting balance and report of the State enterprise "Port Infrastructure".

Art. 115p (new – SG 104/05, in force from 27.12. 2005) (1) The Managing Board shall be ΰ body of 5 members, including the General Director, which shall be appointed by the Minister of Transport for a period of 5 years.

(2) The Minister of Transport shall appoint and dismiss the members of the Managing Board and shall conclude contract of management with each of the members of the Managing Board.

(3) The members of the Managing Board may not perform on their or on somebody’s else name competitive activity and to be in contracts relations with other enterprises, companies and associations of similar scope of activity.

(4) Member of the Managing Board may not be a person, who:

1. has been convicted for a crime of general nature;

2. is a spouse or a direct, collateral or in-law relative up to the third degree including with another member of the Managing Board.

(5) The contract of management with a member of the Managing Board shall be terminated ahead of the term, if the person:

1. does not meet the requirements of the law;

2. offends or does not fulfill the conditions provided in the law or in the contract of management;

3. has submitted a written application to be discharged.

(6) In the cases of Para 5 or of death of a member of the Managing Board, the Minister of Transport shall appoint a new member for the period to the end of the initial mandate and shall conclude a contract with him/her.

(7) The Managing Board shall:

1. elect among the members Chairperson and Deputy Chairperson and shall discharge him/her;

2. elect and discharge the deputies of the General Director and the directors of the territorial units of State enterprise "Port Infrastructure" upon a proposal of the General Director;

3. adopt a draft of regulations of the structure, the functions and the activity of State enterprise "Port Infrastructure" and shall propose it to the Minister of Transport for approval;

5. adopt the annual programmes of State enterprise "Port Infrastructure" for the construction, re-construction, rehabilitation, maintenance, development and the management of the infrastructure of the public transport ports of national importance;

5. make out and offer to the Minister of Transport the draft of a national programme for development of the public transport ports under Art. 103a, Para 2;

6. propose for approval by the Minister of Transport the structure, the staff and the sallies funds of State enterprise "Port Infrastructure";

7. adopt the annual accountancy balance and report of State enterprise "Port Infrastructure" and shall submit them for approval by the Minister of Transport;

8. appoint the certified expert-accountant or an audit enterprise for certification of the annual accountancy balance and report;

9. adopt drafts of decisions for participation of State enterprise "Port Infrastructure" in international or national non-profit organizations and shall propose them for approval by the Minister of Transport.

Art. 115p. (new – SG 104/05, in force from 27.12. 2005) (1) The General Director of State enterprise "Port Infrastructure" shall:

1. represent the State enterprise "Port Infrastructure" before the state bodies, the courts and third persons in the country and abroad.

2. manage the whole activity of State enterprise "Port Infrastructure";

3. conclude contracts for the activities, performed by State enterprise "Port Infrastructure"

4. conclude and terminate labour contracts with the workers and the employees in State enterprise "Port Infrastructure";

5. reports his/her activity before the Managing Board.

(2) The General Director may assign some of his/her powers under Para 1 to other officials of State enterprise "Port Infrastructure", after an approval by the Managing Body.

Art. 115q. ( new – SG 104/05, in force from 27.12. 2005) (1) The in State enterprise "Port Infrastructure" shall be formed by:

1. the port fees under Art. 103c, Para 1;

2. the royalties under the contracts for performance of port services under Art. 116, Para 3,item 1 and from the contracts for performance of the activities under Art. 116a, Para 3;

3. incomes from own activity;

4. interest from deposits of own funds and overdue payments;

5. the republican budget;

6. activities connected with the performing of the scope of activity under Art. 115m, Para 1.

(2) The funds under Para 1 shall be spent for:

1. performance of the scope of activity of State enterprise "Port Infrastructure" under Art. 115m, Para 1;

2. providing the safety of the ship sailing in the cannels and the aqua terry of the public transport ports of national importance;

3. disassembling and taking away the equipment under the procedure of Art. 63, Para 4;

4. maintenance State enterprise "Port Infrastructure".

Art. 115r. (new – SG 104/05, in force from 27.12.2005) The State shall participate on the funding of the activities for the construction, re-construction, rehabilitation, maintenance, development and the management of the infrastructure of the public transport ports of national importance, including the establishment, keeping and maintenance of capacities and material equipment for performance of defence-mobilization measures in the country.

Art. 115s. (new – SG 104/05, in force from 27.12. 2005) (1) On the basis of the national programme under Art. 103a Para 2, the State enterprise "Port Infrastructure" shall draft a long-term programme for the construction, re-construction, rehabilitation, maintenance, development and the management of the infrastructure of the public transport ports of national importance. The programme shall be approved by the Minister of Transport.

(2) On the basis of the long-term programme under Para 1, annually to 31st of October of the previous year State enterprise "Port Infrastructure" shall submit for approval by the Minister of Transport annual programme for the next calendar year. The year programme shall contain detailed information about the incomes, expenditures, investments and the funding.

Section VII.

Port activities and services in the ports for public transport of national importance (prev. Section V, title amend., SG 24/04)

Art. 116. (amend., SG 24/04) (1) The services of commercial nature, provided in the ports for public transport and carried out by port operators shall be port services.

(2) The port services under para 1 shall be divided into the following categories:

1. (amend. - SG 104/05, in force from 27.12.2005) sea technical services – piloting, towing and pushing, mooring, supplying ships with water, telephone and electric power; management of waste – result of shipping activity and other;

2. processing of cargo and mail – loading, unloading, arranging, storing, re-packing of cargo of different type, internal port (terminal) transportation of cargo, mail and others;

3. passenger services.

(3) Depending on the technology and organization necessary for carrying out the port services they shall be divided into services for the fulfillment of which:

1. there is no necessity of using a port territory and/or port facilities;

2. there is no necessity of using a port territory and/or port facilities.

(4) The sea technical service under para 2, item 1 – piloting, shall be carried out under the terms and by the order of the Code of commercial navigation.

(5) The port services under para 2, item 2 and 3 may be carried out only on ports for public transport or roadsteads in their aqua terry, except in cases of calamities in the territorial sea or other extraordinary circumstances.

(6) (amend. SG 88/05; amend. - SG 104/05, in force from 27.12.2005) The Minister of Transport, at a proposal of Executive Agency "Port Administration" may, by an order, terminate the activity or restrict temporarily or permanently the operation of ports carrying out port services in violation of para 5.

(7) The order under para 6 shall be subject to appeal through court channels.

Art. 116a. (new, SG 24/04, amend. - SG 36/06, in force from 01.07.2006) (1) Besides the port services under art. 116 concomitant activities may be carried out in the ports for public transport.

(2) The activities under para 1 shall be carried out on condition that they doe not obstruct or will not obstruct the fulfillment of port services.

(3) (amend. SG 88/05) The accompanying activities under para 1 in ports for public transport of national importance may be carried out by a person, who has obtained a concession for a site under art. 117c, par. 1. In these cases the implementation of the accompanying activity shall be defined as an additional subject to the subject of the concession contract.

(4) Except for the cases under par. 3, accompanying activities may be carried out by a person, who has obtained concession under the conditions and by the order of the Law for the concessions.

(5) Accompanying activities in the ports for public transport of national importance shall be carried out by the owner or by persons having concluded contract with him/her.

Art. 117. (amend., SG 24/04) (1) The port services in the ports for public transport shall be carried out by specialized port operators having or hiring qualified personnel and the necessary technical means for the respective service.

(2) (amend. - SG 104/05, in force from 27.12.2005) State enterprise "Port Infrastructure" and the port operators providing more than one port service shall be obliged to keep separate accounts for each of the services.

(3) The training, qualification an pre-qualification of the port workers and the offering of qualified manpower may be carried out by individuals or corporate bodies who are not port operators in the meaning of this law, observing the requirements of the Law for the vocational education and training.

(4) (amend. SG 88/05; amend. - SG 104/05, in force from 27.12.2005) The persons, having acquired status of port operator by the respective order, shall be entered in a register of the port operators. The entry in the register shall be carried out by Executive Agency "Port Administration" under the terms and by the order of an ordinance of the Minister of Transport, and it shall be a requirement for carrying out port services.

Section VIII.

Access to the Market of Port Services (new, SG 24/04)

Art. 117a. (new, SG 24/04) (1) The right conceded to the port operators to carry out services in the ports for public transport shall be defined as an access to the market of port services.

(2) The access to the market of port services in the ports for public transport of national importance shall be granted by contracts for carrying out port services or by concession – in the cases of art. 117c.

(3) Port operators in the ports for public transport of regional importance shall be the owners or persons having concluded contracts with them.

(4) (amend. SG 88/05) The number of port operators who may be admitted to one port for public transport shall be determined by the objective possibilities, limitation of its space or capacity, which shall be established by a decision of an expert commission appointed by the Minister of Transport.

(5) Subject to contracts under art. 116a, para 3 and art. 117b, para 1, as well as to a concession, cannot be the common technical infrastructure of the port which is used by all port operators and other entitled persons under equal terms, whereas nobody may obstruct the free access to it.

Art. 117b. (new, SG 24/04; amend. - SG 104/05, in force from 27.12.2005) (1) The port services under art. 116, para 3, item 1 shall be carried out by port operators having concluded contract with State enterprise "Port Infrastructure" for the ports for public transport of national importance, and with the owners – for ports for public transport of regional importance.

(2) (amend. - SG 104/05, in force from 27.12.2005) Decision for granting the provision of services under para 1 in the ports for public transport of national importance shall be taken by State enterprise "Port Infrastructure". The decision shall define:

1. the port services;

2. the term of the contract;

3. the type of competition – one-stage or two-stage;

4. the criteria for selection of the candidates – under a two-stage competition, and for choosing an operator – under one-stage and two-stage competition;

5. the type, the size and the way of payment of the deposit for participation in the competition;

6. the requirements for carrying out port services;

7. the type and the size of the guarantees for fulfillment of the obligations under the contract;

8. the basic rights and obligations of the parties;

9. other requirements related to the specifics of the port service.

(3) The port operators under para 1 in the ports for public transport of national importance shall be determined through a competition under the terms and by the order of an ordinance of the Council of Ministers. The ordinance shall also determine the terms and the order of concluding the contracts under art. 116a, para 3.

(4) The decision for announcing competition shall obligatorily be promulgated in the State Gazette.

(5) For implementation of a service under art. 116, para 3, item 1 at least two port operators, completely independent of each other, shall obligatorily be determined through a competition. Exception shall be admitted if only one candidate participates in the competition.

(6) (amend. - SG 30/06, in force from 12.07.2006) The results from the competition shall be subject to appeal according to the Administrative procedure code.

(7) The contract under para 1 for carrying out port services under art. 116, para 3, item 1 shall be concluded for a period of up to five years. The term may be extended upon consent of the parties.

Art. 117c. (new, SG 24/04) (1) (amend. - SG 36/06, in force from 01.07.2006) Concession shall be granted for one or more terminals of a port for public transport of national importance, having a subject fulfilment of port service under art. 116, para 3, item 2.

(2) (amend. - SG 36/06, in force from 01.07.2006) Depending on the subject, the concession under par. 1 may be for construction or service.

(3) The port services under art. 116, para 2, item 2 and 3 shall be carried out by port operators having obtained concession for a port terminal.

(4) (amend. - SG 104/05, in force from 01.01.2007) Concession shall also be granted for the port receiving facilities for waste – result of shipping activity for carrying out the respective port service under art. 116, para 2, item 1.

Art. 117d. (new, SG 24/04) (1) Decision for granting a concession shall be taken by the Council of Ministers under the terms and by the order of the Law for the concessions and this law.

(2) (amend. SG 88/05, amend. - SG 36/06, in force from 01.07.2006) The Minister of Transport shall carry out the preparatory actions for granting a concession on port terminals of ports of national importance, conclude the concession contracts and implement the control over their fulfilment.

(3) (revoked - SG 36/06, in force from 01.07.2006)

Art. 117e. (new, SG 24/04, revoked - SG 36/06, in force from 01.07.2006)

Art. 117f. (new, SG 24/04, revoked - SG 36/06, in force from 01.07.2006)

Chapter five.

ADMINISTRATIVE PENAL PROVISIONS

Art. 118. (1) Fine with 50 000 to 200 000 levs, unless subject to a more severe penalty, shall be the captain of a civil ship who sinks the ship in the territorial sea, in the internal sea waters and in the internal water ways or cast her ashore.

(2) Fined with a fine (proprietary sanction) under para 1 shall also be the ship owner who orders or admits the ship to be sunk or cast ashore.

Art. 119. (1) Fined with 150 000 to 500 000 levs, unless subject to a more severe penalty shall be:

1. (amend., SG 24/04) everybody who violates or admits violation of the prohibitions under art. 53;

2. captain of a foreign civil ship who orders or admits industrial fishing in the exclusive economic zone, in the internal sea waters and in the territorial sea and in the internal water ways.

(2) The fine under para 1 shall also be imposed on a captain of a foreign civil ship equipped with nuclear power installations or armed with nuclear arms, as well as the captain of a foreign civil ship carrying nuclear, radioactive or other dangerous or poisonous substances, who enters without permit the internal sea waters and the internal water ways or who does not allow inspection of the documents, dosimetric control or other inspection of the ship related to the protection of the environment.

Art. 120. (1) Fined with 50 000 to 200 000 levs, unless subject to a more severe penalty shall be a captain of civil ship who:

1. enters a port or roadstead declared closed;

2. admits the stay of a submarine under the water in the internal sea waters and in the territorial sea;

3. orders or admits violation of the prohibitions under art. 15 and art. 20, item 5, 6 and 11;

4. (amend., SG 24/04, suppl. SG 94/05) who violates the provisions of art. 19, para 2, art. 23, para 3, item 1 - 4 and 6, art. 24, 26, art. 49, para 2.

(2) Punished by fine (proprietary sanction) under para 1 shall be everybody who carries out scientific research and studies in the sea waters of the country not by the respective order.

Art. 121. (amend., SG 24/04) (1) Who violates the provisions of art. 92, para 6 regarding the entry in the registers of the ports for public transport or the order of carrying out port services under art. 116, para 5 shall be punished by a fine from 10 000 to 100 000 levs, respectively by a property sanction of 50 000 to 300 000 levs if the offence was committed by a corporate body or a sole entrepreneur. For repeated violation a fine, respectively property sanction of double size shall be imposed.

(2) Who violates other provisions of the law or does not fulfil written obligatory prescriptions or orders of the bodies under this law shall be punished by a fine of 5000 to 50 000 levs, respectively by a property sanction of 20 000 to 100 000 levs if the offence was committed by a corporate body or sole entrepreneur.

Art. 122. (1) (suppl., SG 24/04) The violations of this chapter shall be established by acts issued by officials of the respective ministries and administrative bodies to whom it is assigned to exercise control over the sea waters, ports and the internal water ways of the country.

(2) The issued act shall be presented to the offender who can contest it at the time of its signing or additionally before the administrative penalty body within 48 hours from the presentation of the act. The act, together with the written objections and the gathered evidence shall be submitted immediately to the administrative penalty body which shall be obliged to decide on the matter within 24 hours from the expiration of the term for the objections, unless the case represents a factual and legal complexity.

(3) (amend. SG 88/05) The penalty decrees for violations related to the protection of the water environment and the internal water ways shall be issued by the Minister of Environment and Waters or by officials appointed by him for coastal sources of pollution, and by the Minister of Transport or by official appointed by him - for pollution by ships.

(4) The penalty decree can also determine a monetary compensation up to the full amount of the caused damages.

(5) The penalty decree can also be appealed by the ship owner in its part determining the compensation for the caused damages. Regarding the ship owner it shall be considered presented with its presentation to the captain of the ship.

Art. 123. The issuance of acts, the issuance and appeal of the penalty decrees and the fulfilment of the imposed penalties shall be carried out according to the Law for the administrative offences and penalties.

Art. 124. (1) For securing the collection of the fine and the compensation imposed under this chapter the foreign civil ship, regardless of its ownership, shall be detained with the issuance of the act for establishing the violation.

(2) Foreign civil ship shall also be detained for securing the takings from prohibited damaging under art. 31, para 1. The detention shall be carried out by the sea administration and shall end after 72 hours if until then compensation of the claim is not decreed by the competent court at the location of the ship.

(3) In the cases under para 1 and 2 the ship shall be released upon payment at a Bulgarian bank of monetary or bank guarantee in amount of the sums determined by the penalty decree, respectively the amount of the claim for which the security is admitted.

Additional provisions

§ 1. The provisions of art. 10, para 2 - 5, art. 23, para 3, items 4 - 6, art. 24, 26, 28, 30, 39 and 54 shall be applied respectively for the Bulgarian ships.

§ 2. In the sense of this law:

1. (amend., SG 24/04) "Military ship" is each ship: belonging to the armed forces of some country, with external marks for distinguishing her nationality, under the command of an officer at regular military service whose name is entered in the list of the officers of the naval forces of the country or in other similar document, and has a crew subordinated to military discipline.

2. "Border police ship" is each ship used for guarding the state border and sailing under the flag of the Navy.

3. (amend., SG 24/04) "State ship, used for non commercial objective" is a ship - ownership of the state under which flag it is sailing, designated for scientific research or other non commercial objective.

4. (amend., SG 24/04) "Non military ship" is each ship out of these pointed out in items 1 and 2.

5. (amend., SG 24/04) "Submarine ship" is each ship designated to sail under the water.

6. (new, SG 11/05, revoked, SG 102/05)

7. (new, SG 11/05, revoked, SG 102/05

8. (prev. 6 – SG 11/05) "State of the flag" is the state under which flag the ship is sailing.

9. (prev. 7 – SG 11/05) "Diving activity" is any activity under the surface of the water with military, economic or research objective when a man uses breathing device for more than one taking in or which is implemented by facilities directed from a distance.

10. (prev. 8 – SG 11/05) "Attached species" are the organisms that, in the stage when their catching is possible, are in immovable position on the sea bottom or under its surface or that are capable to move only when they are in constant contact with the surface or with the bowels of the sea bottom.

11. (prev. 9 – SG 11/05) "Pollution of the sea or the river environment" means direct or indirect bringing by man substances or energies in the sea environment, including the mouths of the rivers, which causes or can cause damage to the live sea or river resources, danger for human health, impair the lawful use of the sea, including degrading the quality of the sea water and of the conditions for tourism and recreation, according to the standards and norms for admissible pollution in effect.

12. (prev. 10– SG 11/05) "Nautical mile" is equal to 1852 m.

13. (prev. 11 – SG 11/05) "Adjacent water area" is the optimal necessary water area for safe and secure approach and landing of ships.

14. (prev. 12 – SG 11/05) "Roadstead" is certain part of the sea water out of the port where the ships can stay at anchor for waiting, entering the port, shelter from bad weather, implementing of loading and unloading activity.

15. (revoked, SG 24/04, prev. 13 – SG 11/05)

16. (amend., SG 24/04, prev 14 – SG 11/05) "Port terminal" is a detached zone of the ports for public transport ensuring full process of receiving, processing, storing and dispatching of given type of cargo and/or mail according to a definite technology or for servicing passengers.

17. (revoked, SG 24/04, prev. 15 – SG 11/05)

18. (amend., SG 24/04, prev. 16 – SG 11/05) "Port infrastructure" is the technical infrastructure of the port in the meaning of § 5, item 31 of the additional provisions of the Law for the spatial planning, as well as other buildings and facilities on the territory of the port related to the servicing of the activities and services carried out on its territory.

19. (amend., SG 24/04, prev. 17 – SG 11/05) "Port facilities" are elements of the port infrastructure permanently fixed to the terrain of the port, designated for port services.

20. (amend,. SG 24/04, prev. 18 – SG 11/05, amend. SG 88/05) "Captain of a port" is an official having the right to issue obligatory rulings and bearing responsibility for pollution of environment by ships and ensuring the safety of shipping and human life in a region determined by the Minister of Transport.

21. (prev. 19 – SG 11/05) "News for the sailors" is a bulletin containing information about the safety of shipping.

22. (prev. 20 – SG 11/05) "Navigation ensuring" is a multitude of measures ensuring safety of shipping.

23. (prev. 21 – SG 11/05) "Rules for river supervision on the Danube" are the rules approved by the Danube commission, approved with Decree No 658 of the Council of Ministers of 1954 (prom. SG 99/54; amend. and suppl. Decision of the CM No 42 of 1978).

24. (prev. 22 – SG 11/05) "Recommendations about the technical recommendations for the ships for internal shipping" are recommendations approved with Decree at the 50th session of the Danube commission on April 14, 1992.

25. (revoked, SG 24/04, prev. 23 – SG 11/05)

26. (amend., SG 24/04, prev. 24 – SG 11/05) "Port operator" is an entrepreneur, having obtained access for implementation of definite port services in a port for public transport.

27. (prev. 25 – SG 11/05) "Dangerous load" is a load included in the list of the United Nations for dangerous loads.

28. (amend., SG 24/04, prev 26– SG 11/05) "Yacht" is a ship (wind driven and/or with engine), used for tourism, sport, sport fishing and entertainment.

29. (new, SG 24/04, prev 27 – SG 11/05) "Aqua terry of a port" is the adherent to the port territory water area with natural or artificially acquired conditions for protection against waves and silting, having the necessary area and depth for safe maneuvering and quay standing of the largest ship taken into account for the respective port.

30. (new, SG 24/04, prev. 28 – SG 11/05) "Ship" is every self-propelled or not self-propelled ship or sailing facility designated for sea and/or river navigation, for carrying out one or several of the following activities: transport of cargo, transport of passengers and luggage; towing ships; carrying out sea services and other subsidiary operations; fishing; exploitation of other sea wealth, as well as other economic activities.

31. (new, SG 24/04, prev. 29 – SG 11/05) "User of port service" is a person who, on his behalf or another’s behalf is a recipient of the provided port services, usually a ship owner, cargo supplier or their agents.

32. (new, SG 24/04, prev. 29 – SG 11/05) "Type of cargo" is the combination of different in kind cargo, processed by comparable technologies: loose, on tap, gaseous, container carried, general, Ro-Ro, ferry-boat and others.

33. (new, SG 24/04, prev. 30 – SG 11/05) "Zone for storing cargo" is a detached part of a port for public transport designated for storing cargo as a part of the re-loading process.

34. (new, SG 24/04, prev. 31 – SG 11/05) "Concomitant activities" are activities providing the fulfillment of port services, as well as activities corresponding to the production and commercial tasks of enterprises whose location in the port is substantiated by their connection with the port traffic, with the size of the sea or river traffic they create, or due to the services they provide for the users.

35. (new, SG 24/04, prev. 32 – SG 11/05) "Repeated" is the offence committed within one year from enactment of the penal provision by which the offender has been punished for the same in kind offence.

36. (new – SG 94/05) "Working position of the fishing devices" is status in which they are in the water or are not folded, covered, put in appropriate packing or in such way are gathered in luggage (cargo) storage premises, section of land vehicle or ship. In case fishing device consists of several parts, it is in working position if it is not dismantled and its parts are not gathered separately in the described above way.

37. (new – SG 104/05 in force from 27.12.2005) "Waste – result of shipping activity" shall be liquid and solid substances, including the waste waters which appear as a result of the exploitation of the ship.

38. (new – SG 104/05 2005 in force from 27.12. 2005) "Leftovers of ship cargo" shall be the leftovers of cargo obtained after the end of the procedures of unloading and clear up of the tanks and the holds.

39. (new – SG 104/05, in force from 27.12. 2005) "Port receiving facilities" shall be facilities, not depending on of they are permanently fixed or movable or sailing, which can accept waste – result of shipping activity and leftovers of ship cargo, and are adopted to the geographical location and the size of the port, the type and the number of the ships which usually visit it, as well as to the type and the volume of the waste from shipping activity and leftover of ship cargo.

40. (new – SG 104/05, in force from 27.12. 2005) " Plan of management of waste – result of shipping activity" shall be a plan which meets the requirements for the protection of the environment and provides opportunity to perform the activities of management of the waste without ungrounded delay and is adopted to the geographical location and the size of the port, the type and the number of the ships which usually visit it, as well as to the type and the volume of the waste from shipping activity and leftover of ship cargo.

Transitional and concluding provisions

§ 3. (suppl., SG 24/04) Value added tax, excise, fees and customs duties shall not be due for import of commodities for fulfilment of projects related to the port infrastructure and the exploring of the internal water ways and the conditions for navigation financed directly by gratuitous aid and/or by loans of international financial institutions when guarantor of the loan is the Republic of Bulgaria, as well as when the value of the due VAT, excise, fees and customs duties for import of commodities in fulfilment of projects related to the port infrastructure and the exploring of the internal water ways and the conditions for navigation, shall be acknowledged by the respective financing organisation for co-financing on the part of the Republic of Bulgaria.

§ 4. (revoked, SG 24/04)

§ 5. This law revokes the Law for the sea waters of the Republic of Bulgaria (prom., SG, No 55 of 1987; amend., No 11 and 59 of 1998, No 23 and 67 of 1999).

§ 6. Para 4 is created in art. 16 of the Law for the state property (prom., SG, No 44 of 1996; amend., No 104 of 1996, No 55, 61 and 117 of 1997, No 93 and 124 of 1998, No 67 of 1999):

"(4) The sole-owner trade companies with state property and the individuals and corporate bodies to whom concession is granted by the respective order for sites under art. 4, para 1, item 6 of the Law for the concessions can give for rent real estates or parts of real estates, as well as use them jointly under a contract with third persons under the conditions of para 2, without obstructing the activities for which they are ceded."

§ 7. The following amendments and supplements are introduced to the Law for the concessions (prom., SG No 92 of 1995; No 16 of 1996 - Decision No 2 of the Constitutional Court of 1996; amend., No 44 of 1996, No 61 and 123 of 1997, No 93 of 1998, No 23, 56, 64 and 67 of 1999):

1. In art. 4, para 1, item 6 is amended as follows:

"6. the republican roads, whole or technologically separated parts of ports for public transport and civil aerodromes for public use, existing and/or to be constructed with resources of the concessionaire, public state property."

2. The following amendments and supplements are introduced to art. 25:

a) the previous text of art. 25 becomes para 1;

b) para 2 is created:

"(2) The cash proceedings from the granting and fulfilment of concession for the sites under art. 4, para 1, item 6 and from the expansions for activities under art. 5, item 4 shall be distributed as follows:

1. eighty five percent - for development and construction of the republican road and transport infrastructure;

2. fifteen percent - for adding to the fund for covering the expenses related to the concessions."

§ 8. The following amendments are introduced to the Law for the civil aeronautics (prom., SG, No 94 of 1972; amend., SG, No 30 of 1990; No 16 of 1997 and No 85 of 1998):

1. In art. 122c:

a) in para 3, item 2 after the words "flight safety" is added "including for flight training of pilots passing the higher course of education - state order";

b) para 4 is created:

" (4) The resources from the excess of the income over the expenses at the end of the calendar year shall remain for using during the next financial year, spent expediently for financing the activities under this chapter."

2. Art. 122e is created:

"Art. 122e. All resources provided by the budget of the Ministry of Transport and Communications by the order of this chapter for financing the activity for providing and maintaining the flight safety, as well as the fees collected under art. 120, para 4 shall not be levied with taxes."

3. In § 4 of the additional provisions, after the words "when guarantor of the loan is the Republic of Bulgaria" is added "as well as".

§ 9. In § 4a of the Law for the Bulgarian rail (prom., SG, No 53 of 1995; suppl., No 85 of 1998; amend., SG No 124 of 1998), after the words "when guarantor of the loan is the Republic of Bulgaria" is added "as well as".

§ 10. In the Code of the commercial sea navigation (prom., SG, No 55 and 56 of 1970; corr., No 58 of 1970; amend. and suppl., No 55 of 1975, No 10 of 1987, No 30 of 1990, No 85 of 1998) in the additional provision after the words "when guarantor of the loan is the Republic of Bulgaria" is added "as well as".

 

The law was adopted by the 38th National Assembly on January 28, 2000 and was affixed with the official seal of the National Assembly.

Transitional and concluding provisions

(SG 24/04)

§ 74. (1) The sites under art. 106, para 1 which, by the enactment of the Law for the sea waters, the internal water ways and the ports in the Republic of Bulgaria (February 15, 2000) have been included in the capital of sole-owner trade companies with state property, are public state property.

(2) The ministers exercising the rights of ownership of the state in the sole-owner trade companies under para 1 shall, within 6 months from the enactment of this law, fulfil actions for reduction of the capital of the companies by the value of the right of ownership of the sites – public state property.

(3) By the date of enactment of the decision for reduction of the capital under para 2 the Minister of Transport and Communications shall conclude contracts with the sole-owner companies for carrying out port services under art. 116, para 1 and of activities under art. 116a, para 1. The contracts shall determine the rights and obligations of the parties in compliance with the provisions of this law. The contracts shall be for a term until the conclusion, by the order stipulated by the law, of contracts for port services or concession with an operator having won a competition.

§ 75. (1) The persons who, by the enactment of this law are not sole-owner companies with state property and have rights of ownership over a part of a terminal of a port for public transport of national importance, representing a zone for storing cargo, shall retain their ownership.

(2) The persons under para 1 shall have the right, within 6 months from the enactment of this law, to declare their wish for granting a concession. The Council of Ministers shall announce a decision within one year.

(3) If the persons under para 1 are granted a concession they shall be obliged to provide port services to third persons under the same terms they use it.

(4) The persons under para 1 shall be obliged to use the estates – private property only according to their purpose for storing cargo by a port for public transport, regardless of granting a concession. Where necessary the persons shall be obliged to institute a right of passing through their property.

(5) For failure to fulfil the obligation under para 4 the Minister of Transport and Communications or an official authorized by him shall discontinue the operation of this part of the terminal of the port for public transport which represents a zone for storing cargo and it is not used according to its purpose.

(6) Where, as a result of discontinuing the operation under para 5 there is a need of the state which cannot be satisfied in any other way, compulsory alienation of the estates under para 1 shall be carried out under the terms and by the order of the Law for the state property. The request for alienation shall be made by the Minister of Transport and Communications.

§ 76. The persons who are owners of ports under art. 107 – 109 and of the ports for public transport of regional importance, within three months from the enactment of this law, shall declare their rights for entry in the registers of the ports and shall produce proof that the ports meet the requirements for operational fitness in compliance with the ordinance of art. 95, para 1 and the current legislation.

§ 77. The provisions of Chapter Four, section V "Port administration" (art. 113 – 115) shall apply from November 30, 2004.

§ 78. (1) By November 30, 2004 the activities, the rights and the obligations under this law of National Company "Ports" shall be implemented by Executive Agency "Port administration".

(2) By November 30, 2004 Executive Agency "Port administration" shall fulfil the activities under art. 112b, para 1, 3 and 4, art. 112c and art. 112d.

(3) By November 30, 2004 the executive director of Executive Agency "Port administration" shall conclude and control the fulfilment of the contracts under art. 116a, para 3 and art. 117b, para 1.

(4) By November 30, 2004 the executive director of Executive Agency "Port administration" shall conclude contracts with port operators for providing the services under art. 116, para 3, item 1.

§ 79. The proceeds realized by Executive Agency "Port administration" by December 1,

2004 shall be revenue to the budget of the Ministry of Transport and Communications.

§ 80. (1) From December 1, 2004 National Company "Ports" shall take over the assets and liabilities, the rights and obligations of Executive Agency "Port administration".

(2) The legal terms of employment with the workers and employees of Executive Agency "Port administration" shall be settled under the terms and by the order of art. 123 of the Labour Code.

(3) The official terms of relation with the civil servants of Executive Agency "Port administration" shall be settled by the terms and the order of art. 87a of the Law for the civil servant.

§ 81. By January 1, 2005 the Council of Ministers shall submit to National Company "Ports" property owned by the state for fulfillment of the subject of its activity.

§ 82. Within 6 months from the enactment of this law the Council of Ministers, the Minister of Transport and Communications and the Minister of Regional development and Public Works shall adopt the by-laws for its implementation.

……………………………………..

§ 86. (1) Paragraphs 45 – 54 (regarding Chapter Four, section VI "National Company "Ports") shall apply from December 1, 2004.

(2) Paragraph 73, item 2, § 81 and § 83, item 2, letter "b" shall apply from December 1, 2004.

Additional provisions

TO THE LAW OF AMENDMENT AND SUPPLEMENTATION OF THE LAW FOR THE SEA WATERS, INTERNAL WATER WAYS AND THE PORTS OF THE REPUBLIC OF BULGARIA

(PROM. – SG 104/05, IN FORCE FROM 27.12.2005)

 

§ 24. (in force from 01.01.2007) (1) State enterprise "Port Infrastructure" and the owners of the public transport ports of regional importance shall notify the Executive Agency "Port Administration" about each case of exemption of ships from payment of fee under Art. 103c, Para 4 and Art. 103d, Para 3

(2) In the cases of Art. 1 the Executive Agency "Port Administration" shall notify the European Commission.

Transitional and concluding provisions

TO THE LAW OF AMENDMENT AND SUPPLEMENTATION OF THE LAW FOR THE SEA WATERS, INTERNAL WATER WAYS AND THE PORTS OF THE REPUBLIC OF BULGARIA

(PROM. – SG 104/05, IN FORCE FROM 27.12.2005)

 

§ 25. (1) The State enterprise "Port Infrastructure" shall be a successor of the Executive Agency "Port Administration" shall be a successor of the Executive Agency "Port Administration", established by Decree No. 124 of the Council of Ministers of year 2005, (promulg. - SG 69/05) and shall undertake the respective part of the assets and the liabilities, the rights and obligations upon its balance to the date of entering into force of this law, which refers to the scope of activity of the state enterprise, determined in Art. 115m, as per order of the Minister of Transport.

(2) The labour and employment legal relations with the workers and the employees shall be settled under the conditions and procedure of Art. 123 of the Labour Code and Art. 87a of the Law of the Civil Servant.

§ 26. (1) The National Company "Ports" shall be terminated without liquidation.

(2) The State enterprise "Port infrastructure" shall be a successor of the National Company "Ports".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 29. The law shall enter into force from the day of its promulgation in the State Gazette, except § 4 and 5, § 9, § 6 in its part "receiving port facilities for waste – result of supping activity", § 7 with regard to Art. 110, Para 2 in its part "receiving port facilities for waste – result of supping activity", § 16 with regard to Art. 115m, item 11, § 20 and 24, which shall enter in force from 1st of January 2007.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State Gazette.

Transitional and concluding provisions

TO THE LAW FOR THE CONCESSIONS

(PROM. - SG 36/06, IN FORCE FROM 01.07.2006)

 

§ 23. The law shall enter into force from the 1st of July 2006, except for art. 42, para 3 and art. 58, para 4, which shall enter into force from the date of accession of the Republic of Bulgaria to the European Union

Transitional and concluding provisions

TO THE LAW OF AMENDMENT AND SUPPLEMENTATION OF THE LAW FOR THE WATERS

(PROM. - SG 65/06, IN FORCE FROM 11.08.2006)

 

§ 145. This law shall enter into force from the day of its promulgation in the State Gazette, except for the provisions of

1. paragraph 18, item 3, which shall enter into force one year after entering into force of this law;

2. paragraph 48 – in its part related to the provisions of Art. 118a, par. 1, item 1, which shall enter into force from 22 Dec 2013;

3. paragraph 60, item 5, which shall enter into force from 1 March 2007;

4. paragraph 73 – in its part related to the provisions of Art. 155a, par. 1, item 1, which shall enter into force one year after entering into force of this law.

Appendix No 1 to art. 103ΰ, par. 1, item 1

(New – SG 24/04; amend. – SG 43/06)

Ports for Public Transport

of National Importance

1.

PORT VARNA includes:

Varna-East, Varna-West, Power Plant

"Ezerovo", Petrol, Lesport, Ferry-boat

complex Varna, and Balchik

2.

(amend. - SG 43/06) PORT BOURGAS includes:

Bourgas-East, Bourgas-West, Rossenets

3.

PORT ROUSSE includes:

Rousse-East, Rouse-Centre,

Rousse-West, Silistra,

Toutrakan, Svishtov

and Somovit

4.

PORT LOM includes:

Lom and Oryahovo

5.

PORT VIDIN includes:

Viden-Centre, Vidin-South,

Vidin-North and

Ferry-boat complex Vidin

Appendix No 2 to art. 103ΰ, par. 1, item 2

(New – SG 24/04; suppl – SG 104/05 γ., in force from 27.12.2005; suppl. – SG 43/06)

Ports for Public transport

of Regional Importance

1. Fish Port - Bourgas

2. Ship repair plant "Port Bourgas"

3. Bourgas shipconstruction yards south quay – L

4. Transstroy – Bourgas

5. Odessos PMB – Varna

6. PCHMB – Varna

7. Silistra – Polaris 8

8. Silistra – Lesil

9. Grain terminal – "East point" – Silistra

10. Rousse – oil filling terminal – Arbis

11. Port Bulmarket Rousse

12. Rousse – duty free zone

13. Danube dragging fleet Co., Rousse

14. Svishtov – Sviloza

15. Belene

16. Petrol – Somovit

17. Ferry-boat complex – Oryahovo

18. NPS Kozloduy

19. Danuba dragging fleet "Dunim" – Kozloduy

20. Ekopetrolium – Vidin (Taifun)

21. Ro-Ro Co MAT – Vidin

22. Duty free zone – Vidin

23. Danube dragging fleet "Budin" – Vidin

24. Nickopol

25. (new - SG 43/06) Sozopol

26. (new - SG 43/06) Pomorie

27. (new - SG 43/06) Tzarevo

28. (new - SG 43/06) Nesabar

29. (new - SG 43/06) Ahtopol




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