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Varadinov & Co.
Legal Bulletin

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State Gazette, issue 52 /July 2nd, 2019
Increased responsibility for the causes of environmental noise implies amendments in the law of the same name. It is prohibited to load production, storage and trade sites and service sites discovered and located in residential and recreational areas, recreational and mixed use areas, as well as in residential buildings with more than one dwelling and mixed-use buildings, from 23.00 to 8.00. It is forbidden to sound such objects, as well as outdoor areas in zones and territories intended for residential construction, recreational zones and territories and mixed-use zones for the period from 14.00 to 16.00 and from 23.00 to 8 , 00, excluding the territories of religious temples, railway stations, bus stations, airports, sea stations and when using systems for warning and alerting the population to disasters. It is prohibited to sound outdoor areas in areas and territories intended for residential construction, recreational areas and territories and mixed-use areas by road vehicles, with the exception of special-purpose motor vehicles and in the cases determined by the ordinance of the respective municipality.
The sounding of open areas from vessels for sports, tourism and recreation and water-recreational services sailing in the inland sea waters, in the territorial sea and in the inland waterways of the Republic of Bulgaria, with the exception of vessels with special traffic regime, shall be performed at compliance with the above requirements. Noise is prohibited during construction for the period from 14.00 to 16.00 and from 23.00 to 8.00. Exceptions are allowed during public outdoor events, with the sounding of these events under conditions and in the order determined by an ordinance. Individuals, legal entities and sole traders submit an application to the municipal or regional administration for working hours when opening sites, as well as for changing their working hours, under conditions and in accordance with an order determined by an ordinance of the respective municipal council. The application shall be accompanied by an opinion of the relevant Regional Health Inspectorate on compliance with the limit values of the noise indicators determined by the ordinance under Art. 11, item 5. For issuing the opinion, the persons submit to the respective regional health inspection an application, which can also be sent electronically by electronic signature; declaration that the requirements of the Spatial Planning Act have been fulfilled - in case of change of the purpose of the premises; a copy of a document certifying the putting into operation of the construction in accordance with the Spatial Planning Act; a copy of a document certifying the right to use the site; a record of the measurement of the noise level emitted by the site within the stated working time, in adjacent dwellings adjacent to or adjacent to the site; document for paid state fee. The measurement is performed by independent laboratories accredited by the Bulgarian Accreditation Agency Executive Agency or by another national accreditation body. The opinions of the Regional Health Inspectorate are subject to control in accordance with the Administrative Procedure Code.

State Gazette, issue 56 /July 16th, 2019
Measures against so-called wild camping and restricting access to beaches are introducing changes to the Black Sea Structure Act. No concession or lease of the sea beaches adjacent to the protected territories referred to in the first sentence may be made, they shall not be able to be freely accessible through a public road and for which there is no possibility of providing electricity. and water, as well as for the discharge, treatment or storage of waste water. In zone “A” and zone “B” outside the territory of the beaches, sand dunes and categorized campsites in landed properties or parts of them owned by the State, by the municipalities, by private individuals or legal entities falling within forest areas or in agricultural lands, as well as in unfinished properties included within the boundaries of urbanized territories, can be set up for temporary placement of tents, campers or caravans without changing their purpose. The sites are not categorized as campsites within the meaning of the Tourism Act. They are allowed to place only objects under Art. 153, para. 1, item 5 of the Law on Forests - architectural elements for leisure and tourism services for commercial purposes, such as: recreation areas, gazebos, shelters, benches, tables, information boards, fountains, wooden fences, grills and other, which do not represent construction within the meaning of the Forest Act and the Spatial Planning Act. The terms and conditions for designating these places, the rules and regulations for their design and use, as well as for staying in them, shall be determined by an ordinance of the Minister of Regional Development and Public Works, the Minister of Agriculture, Food and Forestry, the Minister of Environment and water and the Minister of Tourism, and permits are issued by the chief architects of the municipalities. The places under para. 1 may not fall within the boundaries of protected territories of the categories under Art. 5, items 1, 3, 4 and 6 of the Protected Areas Act.
The placement of tents, as well as the passing, parking and stopping of vehicles, trailers and semi-trailers on mobile (white) dunes, fixed grass dunes (gray dunes) and afforested dunes falling within zone A shall be prohibited. , zone B or urban areas beyond the boundaries of zone A, except in the case of permitted construction. The prohibition on the passage, parking and stay of vehicles, trailers and semi-trailers shall not apply to emergency rescue activities on the beach. The fines for limiting the right of citizens to free and free access to the sea beaches, including by setting fees and enclosing them, are significantly increased.

State Gazette, issue 60 /July 30th, 2019
Detailed regulation of the award of a concession for a beach in the sea is provided by additions to the Law on Concessions. A beach concession is awarded by conducting an open procedure for designating a concessionaire. The open procedure is carried out at one stage, in which the tenderer submits both an application and an offer. The open procedure does not involve negotiation. The powers of a grantor within the meaning of this law shall be exercised by the Council of Ministers. The activities for awarding the concession include: 1. Preparatory actions - awarding and preparing a justification for the concession; 2. conducting a procedure for awarding a concession; 3. concluding a concession contract. The preparatory actions shall be initiated in consultation with the Ministry of Defense, the Ministry of the Interior, the Ministry of the Environment and Water, the Ministry of Culture and the State Agency for National Security. Within 14 days, the relevant authority shall deliver an opinion on the presence or absence of a threat to the national security and defense of the country, to the life and health of citizens, to the environment, to the protected territories, zones and sites and to public order. In the case of danger, the opinion must contain recommendations on the legality of the danger elimination, and in the event that it cannot be eliminated, no concession is awarded. Where the head of the department concerned does not deliver an opinion within the prescribed time limit, it is considered that there is no danger. The procedure for awarding a concession for a sea beach shall include actions for: 1. adoption of a decision to open a procedure for awarding a concession; 2. conducting a procedure for designation of a concessionaire; 3. making a decision on designation of a concessionaire. The term of the concession shall commence on the day of entry into force of the concession contract and may not be continued unless such possibility is provided for in the concession contract and the extension of the total admissible period is not exceeded. Seaside beach concessions do not provide for payments by the grantor.
The subject of a concession awarded under this law are the sea beaches and their adjacent waters. The subject of a concession may also include the accessories specified in the concessionaire decision. A concessionaire is the person to whom the concession is awarded by concession. Where the participant designated as a concessionaire is a legal entity or a non-trader association, the concession is awarded to a newly established trading company in which the legal entity is the sole owner of the capital, respectively, the participants in the merger have all the capital in the proportion of their merger agreement. . Where the participant designated as a concessionaire is a trader, the concession agreement may be concluded with a newly established trading company in which the participant holds all the capital, if provided for in the concession documentation. Where the participant designated as a concessionaire is an individual, the concession shall be awarded to a newly established trading company in which the participant is the sole owner of the capital or a newly registered sole trader. Separated into sections on the implementation, amendment and termination of the concession contract, as well as on the control over the concession contracts concluded by the Minister of Tourism through officials of the respective administration.