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State Gazette, issue 62 /July 17th, 2020
Clarification of the regime for maintenance of the elements of the electronic communications network introduce the latest amendments in the Spatial Planning Act. Activities for which a building permit is not required include the maintenance, retrofitting and / or improvement of elements of transceiver stations, as well as their replacement or supplementation by assembly or disassembly of elements of the radio transmission system, with elements and equipment of the same or another electronic communications network of the same and / or other type of technology in the same or another frequency range, in compliance with health standards and requirements, in case it is not necessary to perform excavation works and / or construction works , the type of structural elements and / or loads of the respective equipment, in order to comply with the requirements for mechanical resistance and stability. The above activities shall be performed on the basis of: 1. opinion of a design engineer; 2. opinion of an engineer with professional qualification in the field of communications with instructions for their performance; 3. positive expert assessment for compliance with the requirements for the maximum admissible levels of electromagnetic fields by the National Center for Public Health and Analysis; 4. a document certifying their approval by the Communications Regulation Commission - in the cases of replacement or supplementation of elements and equipment with elements and equipment of another type of technology, of an electronic communications network of another type or for another frequency range.
The operator of the electronic communications network is obliged to notify the owner, respectively the co-owners of the property or the owners of condominium buildings through the condominium manager, in which the transceiver station is built, before starting activities related to replacement and / or retrofitting of elements and equipment with elements and equipment of another type of technology, of an electronic communications network of another type or for another frequency band. In these cases, the operator of the electronic communications network is liable for all damages caused to the owner, respectively to the co-owners of the property or to the owners of buildings in condominium regime. Within 14 days after the completion of the activities, the operator of the electronic communications network shall assign the performance of the necessary measurements for compliance with the maximum permissible levels of electromagnetic fields. The measurements shall be performed by laboratories accredited by the Executive Agency “Bulgarian Accreditation Service” or by another national accreditation body, which is a party to the Multilateral Agreement on Mutual Recognition of the European Accreditation Organization for the respective field, or which meet the requirements for recognition according to The Law on National Accreditation of Conformity Assessment Bodies. Within 14 days after receiving the measurement protocol, the operator shall submit an application for registration to the state health control bodies in accordance with the Health Act and the by-laws on its implementation. Within 14 days after the registration, the operator of the electronic communications network shall submit an application for registration to the Communications Regulation Commission and shall notify the mayor of the respective municipality, enclosing the relevant documents.
The elements and equipment of transceiver stations, installed in violation of the requirements, are included in the scope of Art. 195, para. 6, according to which the mayor of the municipality issues an order for removal of unusable and security-threatening constructions. Relevant administrative and penal sanctions for violations by the operators of electronic communications networks are also provided. An additional provision on the Electronic Communications Act provides for the establishment and maintenance of a register of transceiver stations on mobile networks. The circumstances to be entered, the conditions and the order for keeping, maintaining and using the register shall be determined by an ordinance of the Communications Regulation Commission.

State Gazette, issue 64 /July 18th, 2020
Addressing gaps in national legislation in the application of Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and to repeal Directive 2003/71 / EC (Regulation (EU) 2017/1129) aim at amendments in the Public Offering of Securities Act. The main purpose of the Regulation is to facilitate the access of companies, especially small and medium-sized enterprises, to various forms of financing through the capital market, while ensuring the necessary level of protection for investors in securities.
The cases in which the obligation is to publish a prospectus in case of public offering of securities shall not be applied in accordance with the exceptions under Art. 1 (4) of the Regulation. For admission to trading on a regulated securities market the issuer, the offeror or the person requesting admission to trading on a regulated market shall obligatorily prepare a prospectus according to the requirement of Art. 3, paragraph 3 of the Regulation, except for the cases under Art. 1 (5) thereof. According to the explicitly provided possibility in art. 3 (2) of the Regulation introduces a national exemption from the obligation to publish a prospectus with regard to the public offering of securities for issues of securities with a total value calculated for a period of 12 months less than the BGN equivalent of EUR 3,000,000, issued on the territory of the Republic of Bulgaria. The purpose of this proposal is to create conditions to facilitate access to the capital market for smaller and start-up companies that aim to develop their activities through smaller financing. In order to inform potential investors, disclosure requirements are introduced, which do not represent a disproportionate administrative burden for issuers. Public offering of securities below the specified threshold without a published prospectus may be carried out only on the territory of the Republic of Bulgaria and is not subject to certification.
In case of public offering of an issue of securities with a total value less than the BGN equivalent of EUR 3,000,000, admission to trading of a multilateral trading system is requested, the issuer or the offeror is envisaged to prepare a document instead of a prospectus according to the rules of the multilateral system. trading, which should provide it to the Commission no later than 5 working days before the securities are admitted to trading. When a public offering of securities above the threshold of the lev equivalent of EUR 3,000,000 is required for admission to trading on a multilateral trading facility, a prospectus should be prepared and approved for it.
When a public offering of an issue of securities with a total value less than the BGN equivalent of EUR 3,000,000 is carried out without requesting admission to trading on a regulated market or a multilateral trading facility, the issuer instead of a prospectus, respectively a document for admission to trade, prepares and publishes a document for public offering with a simplified form and content. The bill proposes a minimum content of the document for public offering. For issues of securities for which admission to trading of a multilateral trading system without public offering of securities is requested, a document shall be prepared in accordance with the rules of the system, and this law and the regulation shall not apply to the admission to trading. In order to ensure the protection of investors’ interests, it is proposed that the public offering document be submitted to the Financial Supervision Commission before publication. In order to alleviate the administrative burden for issuers, no deliberate approval by the Commission of the public offering document is foreseen, but at the same time mechanisms are provided for its intervention if necessary to supplement the information. The FSC is empowered to comply with the requirements of the POSA and the acts on its implementation in connection with the public offering document, including administrative penalties. In order to protect the investors, the existing and up to now their right in case of violations in the cases determined by the law to be able to request the acquisition of the securities to be declared invalid is preserved.
n the new Section II “a” to Chapter Six of the POSA, definitions are introduced in connection with the application of the Regulation. The conditions and the procedure for publishing a public offering announcement are facilitated by providing for the announcement to be published on the issuer’s websites when the securities are offered by him and to the investment intermediaries participating in the offering. The prospectus approved by the FSC is envisaged to is made available to the public through its publication in accordance with the requirements of Art. 21 of the Regulation. Additional provisions introduce amendments to the Markets in Financial Instruments Act, the Financial Supervision Commission Act, the Insurance Code and the Commercial Act.

State Gazette, issue 68 /July 31st, 2020
Counteracting rude and disrespectful language in a courtroom aims at introducing a new provision in Chapter Eleven of the Code of Civil Procedure “Procedural Actions of the Parties”. According to the new art. 100a. procedural actions may not contain threats, insulting or obscene words or qualifications. In this case, they are considered irregular. However, the application of the restriction is limited and should not be applied when the threats, insulting or obscene words or qualifications used relate to the circumstances on which the request is based.