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State Gazette, issue 13 /February 14th, 2020
Cooperation between national authorities responsible for the enforcement of consumer protection laws sets out a new chapter in the law. The provisions of this Chapter shall apply to breaches of consumer protection legislation covered by Regulation (EU) 2017/2394, of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible on the implementation of consumer protection legislation. Any act or omission which is contrary to the consumer protection legislation covered by the Regulation and which has harmed, harmed or is likely to harm their interests is prohibited. Competent authorities within the meaning of Art. 3, item 6 of Regulation (EU) 2017/2394 regarding the relevant laws and regulations are: Consumer Commission, Drug Enforcement Agency, Communications Regulation Commission, Directorate General Civil Aviation Administration, Protection Commission Competition Agency, Railway Administration Executive Agency, Electronic Media Council, Automobile Administration Executive Agency, Bulgarian National Bank, Ministry of Tourism.
The Consumer Protection Commission is a single liaison office within the meaning of Art. 3, point 7 of Regulation (EU) 2017/2394. The Consumer Protection Commission, acting as the Single Liaison Office, and the other competent authorities shall exchange information and cooperate with each other in the exercise of their investigative powers and in the enforcement of consumer protection laws provided for in the Regulation when the terms and conditions of that Regulation. The Consumer Commission, acting as the Single Liaison Office, and the other competent authorities exchange information and cooperate with each other and with the competent authorities of the Member States and with the European Commission to take coordinated action to put an end to widespread infringements and widespread common violations with an allied dimension within the meaning of Art. 3, items 3 and 4 of the Regulation under the conditions and in accordance with Chapter IV of that Regulation. The competent authorities directly exercise the powers to investigate breaches of consumer protection legislation provided for in Art. 9 (3) of the Regulation. Government authorities, officials, legal persons and citizens shall cooperate and cooperate with the competent authorities in the exercise of their powers of investigation and enforcement of consumer protection legislation under the Regulation.
The Consumer Protection Commission, as a competent authority, directly exercises the powers to implement the consumer protection legislation provided for in Art. 9 (4) of the Regulation, with the powers under Art. 9 (4) (g) of the same regulation shall be implemented by issuing an order to: 1. a merchant to remove content or restrict access to the online interface, or to give a clear warning to users when accessing its online interface; 2. the host and service providers and undertakings providing public electronic communications networks and / or services to remove, block or restrict access to the online interface, or domain registrars to delete the full domain name when necessary, and once the violation is terminated, allow the domain to be registered again. The competent authorities directly exercise the powers to enforce consumer protection legislation provided for in Art. 9 (4) (a) to (e) and (h) of the Regulation. The competent authorities shall submit a written request to the Consumer Protection Commission to take measures when the measures taken by them to implement the legislation provided for in Art. 9 (4) (a) to (e) and (h) of Regulation (EU) 2017/2394 did not lead to the cessation or prohibition of the infringement in order to prevent the risk of serious harm to the collective interests of consumers. The request must be reasoned. The chairman of the Consumer Commission, on the basis of a written request, issues an order directing the trader responsible for the infringement to remove content from the online interface or to give a clear warning to consumers when they access its online interface. The order shall be published on the website of the Commission on the day of its issuance, and the trader shall be immediately notified in the manner provided for in the Administrative Procedure Code. The trader is obliged to execute the order within three days of its notification.
In the event of failure to comply with the order, the chairman of the commission shall issue an order directing service providers and undertakings providing public electronic communications networks and / or services to remove, block or restrict access to the online interface of the merchant responsible for the violation. The order shall be published on the website of the Commission for Consumer Protection on the day of its issue. Hosting service providers shall be notified immediately by the Commission in accordance with the procedure laid down in the Administrative Procedure Code, and undertakings providing public electronic communications networks and / or services shall be deemed to have been notified of the order from the date of its publication. Hosting service providers and undertakings providing public electronic communications networks and / or services are required to execute the order within three days of their notification. When the measures taken by the Consumer Commission under para. 4 and 5 have not reached an end to the infringement, the chairman of the commission issues an order directing the domain registrars to delete the full domain name of the merchant responsible for the infringement. The order shall be published on the website of the Commission on the day of its issue, and the domain registrar shall be notified without delay in the manner provided for in the Administrative Procedure Code when the trader’s domain name falls within the “bg” area. The domain registrar is obliged to execute the order within three days of its notification. Numerous administrative penal provisions are envisaged for failure to fulfill obligations.
Enhanced control on the side of the Bulgarian National Bank foresees changes in the Law on Payment Services and Payment Systems. Service provider providing any of the services under para. 1, item 11, letters “a” and “b”, for which the total value of all executed payment transactions in the previous 12 months exceeds BGN 2 million, informs the BNB of the performed activity, describing the provided services, specifies under which exception under para. 1, item 11, letters “a” and “b” carry out this activity and request entry in the register under Art. 19. On the basis of the notification and after assessment of the criteria referred to in para. 1, item 11, the BNB shall enter the service provider in the register under Art. 19 or refuses to enter it when the activity does not qualify as being performed in a restricted manner. The service provider, whose activity qualifies as restricted, shall provide the BNB with information on the total value of all payment transactions completed in the previous calendar year by 31 March each year.
A person who does not hold a license to perform a payment service and / or issue electronic money services may not use in his name, in his advertising or in any other activity words meaning such activity, except in the case of performance of advertising activity by a person entered in the register under Art. 19 as a representative of a payment institution or an electronic money company, subject to the condition under Art. 30, para. 2. The granting of a license shall increase the requirements for sound and effective mechanisms for the prevention of money laundering, as well as for persons holding an indirect qualifying holding within the meaning of Article 4 (1), point 36 of Regulation (EU) No 575 / 2013 in the applicant’s capital (have demonstrated that they are appropriate to ensure the sound and prudent management of the payment institution); persons owning three or more than three percent of the applicant’s shares / voting rights or voting rights in the applicant (by their activities or their influence in the decision-making process could not impair the reliability or security of the applicant or of the payment services it provides). The criteria for qualification, professional experience, reliability and suitability of the managers and representatives, as well as the members of the management and supervisory bodies, who will manage the activity of the payment institution as a result of the implementation of the requested acquisition, the requirements for which are determined with an ordinance of the BNB.
The Bulgarian National Bank may provisionally suspend the voting right of a shareholder and / or partner with a qualifying holding in the capital of the payment institution and / or order him / her to transfer in writing the shares / companies he / she owns within 30 days, when the activity or its influence on decision-making may impair the reliability or security of the payment institution or the payment services provided by it. A person who acquires three or more than three per cent of the shares / company units or voting rights in shares / companies in a payment institution licensed by the BNB shall notify the BNB thereof within 7 days of the acquisition and shall attach the necessary documents specified with an ordinance of the BNB. When examining the notification, the BNB determines that the notification is incomplete, it shall require the person to submit the necessary documents and information within a period not exceeding two months. The Bulgarian National Bank may temporarily revoke the voting right of a shareholder and / or partner and / or order him / her to transfer in writing his / her shares / company shares within 30 days when: 1. the person has not provided the necessary documents and information; the documents submitted contain incomplete, contradictory or incorrect information; by acting or influencing decision-making, a person may harm the reliability or security of the payment institution or the payment services it provides. The Bulgarian National Bank shall notify the European Banking Authority of the reasons for any deletion from the register and of the information entered therein, and shall be responsible for its accuracy and updating.

State Gazette, issue 14 /February 18th, 2020
The precision of the regulation related to the extraction and trade of precious metals envisages changes in the Currency Law. When the information on persons provided through official information contains data for the presence of public liabilities in excess of BGN 5,000, the customs authorities shall not allow the transfer of funds. Extraction, processing and transactions in precious metals and precious stones and articles with and by occupation may be carried out by: 1. traders registered under the Commercial Law or under the legislation of a Member State of the European Union or of another State Party to the Agreement for the European Economic Area, as well as legal entities created on the basis of a regulatory act; the business activity of the trader or the activity of the legal person must be entered in the pursuit of activities with precious metals and precious stones and articles with and by them by occupation; 2. companies under the Obligations and Contracts Act, when they carry out such activity by occupation and are entered in the public register of persons engaged in activities with precious metals and precious stones and articles with them. The persons from these categories are obliged to register with the Ministry of Economy within 14 days before the start of the activity.
The Council of Ministers shall adopt an ordinance defining the conditions and procedure for entry in the register under para. 1, as well as the requirements for the activity of the persons under Art. 13, para. 1. Fees shall be collected for entry in the register at a tariff approved by the Council of Ministers. The Ministry of Economy maintains and maintains a register in accordance with a model approved by the Minister of Economy of persons engaged in the activity of extraction, processing and transactions with precious metals and precious stones and articles with and by occupation. The register shall be public, maintained in electronic form and published on the website of the Ministry of Economy. The register shall be kept by the officials of the registration designated by an order of the Minister of Economy. Any person for whom compliance with the regulatory requirements for performing the relevant activities with precious metals and precious stones and articles with and by them by occupation shall be entered in the register. Upon entry in the register of persons engaged in the activity of extraction, processing and transactions in precious metals and precious stones and articles with and by them by occupation, the Minister of Economy or an official authorized by him shall issue a certificate in accordance with the specimen.
No entry in the register shall be made, and the entry shall be deleted officially within 14 days of the occurrence of any of the following circumstances: 1. when any of the documents required under this Regulation is declared invalid; 2. when the natural persons - traders, members of the management and control bodies and unlimitedly responsible partners in the legal persons, as well as the natural persons, who have been entered for the registration in the register for carrying out the activities for the ordinance declared for registration, have been sentenced by a judgment in force for crimes against property, crimes against the monetary and credit systems and for crimes against the financial, tax and social security systems under the Criminal Code; 3. at the request of the registered person; 4. upon declaration of liquidation, bankruptcy, removal of the trader from the commercial register or company under the Law on Obligations and Contracts in the BULSTAT Register; 5. at the death of the individual - a merchant. (6) No entry shall be made in the register when the person has public obligations, with the exception of obligations under non-effective acts, as well as deferred, deferred or secured obligations. Information on public obligations shall be established ex officio in accordance with Art. 87, para. 11 of the Tax Insurance Procedure Code or through the medium for interregional exchange. The official deletion from the register shall also be carried out upon notification to the competent authority in accordance with Art. 182, para. 2, item 2 or art. 221, para. 6 of the Tax and Social Insurance Procedure Code. The official deletion shall be carried out by the official of the registration, who shall mark it in the register, declare the issued certificate as invalid and notify the interested person in writing.