Section IX. Introduction of alien or reintroduction of local animal and vegetation species in nature

Art. 67. (1) (amend, SG 88/05) The introduction in nature, as well as the import, the breeding and raising alien animal and vegetation species, if it does not harm natural habitats in their natural region of habitation or local species of the wild flora and fauna or their populations.

(2) The activities of para 1 shall be permitted on the grounds of a programme only upon a positive scientific expertise assigned by the respective competent body of para 3 and after a positive decision of the National Council for Biological Diversity.

(3) The activities of para 1 shall be carried out by a written permit of:

1. the head of the National Forests Department - for tree, bush and hunting species;

2. the Minister of Environment and Waters - for all the other species.

(4) (amend., SG 88/05) The bodies of para 3 may, by an order promulgated in the State Gazette, prohibit :

1. the introduction in nature of alien species which could endanger natural habitats or local species of the wild flora and fauna;

2. the import, breeding and raising of alien animal or plant species, if their occasional release into the wild nature will endanger the existence of local species of the wild flora and fauna.

Art. 67a. (new – SG 88/05) The Ministry of Environment and Waters shall organize and govern the activities on removal of entered in the country alien species, which could endanger natural habitats or local species of the wild flora and fauna.

Art. 68. (1) Reintroduction in nature of local animal and vegetation species shall be carried out in a way which would contribute to the restoration of the species in favourable state.

(2) The activities of para 1 shall be carried out upon a written permit of the respective competent body of art. 67, para 3 in coordination with the interested central administrative bodies and after taking into consideration the public opinion in the region for repeated introduction of the species.

Art. 69. The conditions and the order of issuing the permits of art. 67, para 3 and art. 68, para 2 and of considering the public opinion shall be determined by ordinances of, respectively, the Minister of Environment and Waters and of the Minister of Agriculture and Forests.

Chapter four.

Section I.

Art. 70. The provisions of this chapter regard specimens of species included in the appendixes of the Convention for the International Trade with Endangered Species (CITES) (SG, 6/92) called for short "the Convention", which:

1. are endangered by extinction or are under a regime of preservation and regulated using and which are or can become subject of trade, included:

a) in appendix I to art. III of the Convention;

b) in appendix No 3 of this law indicated by the sign (I);

c) in appendix No 4 of this law indicated by the sign (I);

2. need regulation of their trading in order to avoid the danger of using which is incompatible with their survival, included in appendix II to art. IV of the Convention;

3. are determined for regulated trade within the jurisdiction of a country - party to the Convention, included in appendix III to art. V of the Convention.

(2) The Minister of Environment and Waters shall determine by an order the places with functions of rescue centres according to art. 104, para 1, item 1.

(3) The activity of the rescue centres of para 2 shall be determined by an ordinance approved by the Minister of Environment and Waters.

(4) (new – SG 88/05) The Minister of Environment and Waters shall cancel the order under Para 2, if he/she finds that:

1. in the rescue center the needed care at the stay of the specimens are not provided, in result of which a danger for their general status or survival arises;

2. systematic breaches in the activity of the rescue centre;

3. systematic offence of the regulations of the activity of the rescue centers under Para 3.

(5) (new – SG 88/05) Systematic breaches in the meaning of Para 4, items 2 and 3 shall be three or more breaches of the laws and the secondary legislation of their application, committed for two years.

(2) (amend., SG 88/05) The body under Para 1 shall propose to the Minister of Environment and Waters a list of the experts, who execute functions under Art. 84 and Art. 87, Para 1, item 2. The proposed experts shall declare in written that they are not personally interested in the import or the export of wild species.

(3) The list of para 2 shall include the names, the addresses and the ways of connection, the sphere of competence and the region of activity of the experts.

(4) (new - SG 88/05) In the list under Para 2 may be included only persons, who have educational-qualification degree of he major, obtained in a high school and have preformed for at least three years some of the following activities, related with the preservation of the flora and fauna:

1. teaching activity in high schools or scientific activity;

2. ex situ breeding of wild species in zoo parks or botanic gardens;

3. controlling activity on preservation of the flora and the fauna.

(5) (new - SG 88/05)The Minister of Environment and Waters or an empowered by him/her person shall register into an official register the experts under Para 2 and shall enter the data under Para 3 or shall reasonably refuse registration and notify in written the body under Para 1 within 15-days period.

(5) (new - SG 88/05) Within 15 days period from the entering under Para 5, the Minister of Environment and Waters shall issue by names a certificate of entering in the register.

(7) (new - SG 88/05) The certificate under Para 6 shall be valid for 5 years.

(8) From the register under Para 5 shall be excluded the experts about who is proved that in their practice of definition of species, they have:

1. submitted incorrect information three times;

2. submitted incorrect declaration under Para 2 and this is evidence following the respective order.

(9) (new - SG 88/05) In the cases under Art. 8 the Minister of Environment and Waters shall deprive the certificate under Para 6.

(10) (new - SG 88/05) The order of conduction of the measures under Para 84 and of the identifications under Art. 87, Para 1, item 2 shall be determined by an order of the Minister of Environment and Waters.

Section II.

Art. 73. (1) The import and the export of specimens of species of art. 70 shall be carried out according to the requirements of the Convention, this law, the Law for the Customs and the other special laws.

(2) The transportation of live animals of species of art. 70 shall be carried out in compliance with the requirements for transportation of live animals published by the Secretariat of the Convention, and for air transportation - with the requirements established by Resolution 620, appendix "A" of the International Air Transport Association (IATA) as well.

Art. 74. (1) When issuing permits according to art. 75, para 1 the specimens of the species of art. 70, item 1 shall be treated as specimens of species of art. 70, item 2 when they are:

2. individually marked in a unambiguous way.

(2) The requirement of para 1, item 2 shall not apply for plants and in case that the marking would harm the health of the specimen.

(2) Permit of para 1 shall not be required for:

1. transit transportation of specimens;

2. import of specimens in the cases of art. 74, para 1.

3. (new – SG 88/05) import of specimens as defined by an order of the Minister of Environment and Waters, as private property or family property community.

(3) (amend,- SG 88/05) Every consignment of specimens of Art. 70 in ceses of import and in the cases of Para 2, item 1 shall obligatorily be accompanied by an original copy of an import permit in CITES form issued by the managing administrative body for implementation of the requirements of the Convention of the exporting country.

(4) (new – SG 88/05) The provision of Para 2, item 3 shall not be applied for live specimens.

(2)(amend., SG 88/05) The permit shall be valid for six months from the date of its issuance, except the cases where applicable shall be regimes, explicitly stated in a resolution of CITES.

(3) The permit shall be considered invalid:

1. upon expiration of the term of para 2;

2. after crossing the border if it has not been certified by the customs body according to art. 87, item 3;

3.when it is established that its issuance is based on untrue information regarding the conditions of import and export presented by the applicant;

4. in case of damaging;

5. in case of destruction;

6. in case of loss or theft.

(4) The holder of permit shall be obliged:

1. (amend., SG 88/05) in the cases of para 3, item 1 and 2 to return within 15 days the original and all copies to the Ministry of Environment and Waters;

2. (amend., SG 88/05) in the cases of para 3, item4, 5 and 6 to inform immediately the Ministry of Environment and Waters.

(5) In the cases of para 3, item 3 and 6 the Ministry of Environment and Waters shall immediately inform about that the customs bodies, the managing administrative body and the importing country and the Secretariat of the Convention, stating numbers, date and other identification data of the permit.

Art. 77. (1) The person who imports or exports shall be obliged, when crossing the border, to present to the customs body the permit of art. 75, para 1.

(2) (amend., SG 88/05) The conditions and the ordinance of issuing the labels shall be determined by an order of the Minister of Environment and Waters.

Art. 79. The Minister of Environment and Waters or the persons authorised by him shall refuse the issuance of permit of art. 75, para 1 when:

2. there is a written statement of the scientific consultative body that this endangers the survival of the species in the wild nature;

3. there is a written statement of the scientific consultative body that the applicant does not have the necessary conditions for raising the live specimen;

4. the conditions of art. 73, para 2 are violated;

5. the import and the export of specimen of species of art. 70, item 1 is for trading purposes, for providing services or for other activities aiming at profit with exception of:

a) specimen of art. 74, para 1, item 1;

b) specimen which are imported or obtained in the Republic of Bulgaria before the enactment of the Convention, as well as their offspring, including the first offspring, raised by men, on condition that these specimens have been imported or obtained according to the normative provision in force at that time;

c) the sale of live specimens for programmes related to restoration of species, for reproduction or for scientific and educational purposes, regardless of whether they have been caught in nature or they are first generation raised behind closed doors.

Art. 80. The applicant for a permit of art. 75, para 1 shall file a written application in the Ministry of Environment and Waters.

Art. 81. (1) The application of art. 80 for importing specimens of the species of art. 70, item 1 shall indicate:

1. the addresses of the sender and recipient;

2. (revoked – SG 88/05).

3. the expected date and hour of crossing the border and the border control checkpoint;

4. the terms of transportation - in the cases of import of live specimens.

(2) Attached to the application of para 1 shall be:

1. copy of a permit for export issued in advance by the managing administrative body of the country of export;

2. (amend. - SG 34/06, in force from 01.10.2006) current certificate of registration in the commercial register;

3. the address and description of the conditions in which the imported live specimens shall be raised.

1. the addresses of the sender and recipient;

2. the species, the state and the quantity of the specimens;

3. the expected date and hour of crossing the border and the border control checkpoint;

4. the terms of transportation.

(2) Attached to the application of para 1 shall be:

1. document of origin of the specimen;

2. document for registration according to art. 91;

3. copy of identification document of the applicant;

4. (amend. - SG 34/06, in force from 01.10.2006 current certificate of registration in the commercial register;

5. in the cases of exporting specimens, reproduced and raised in closed premises - a brief description of the kind or the culture which shows the origin of the individual specimens forming the basis of this kind or culture and the number of the obtained genetic generation.

(3) The requirements of para 2, item 2 and 4 shall not apply in the cases of art. 96, para 1.

(4) (new – SG 88/05) For species of Appendix No. 4, marked with sign (I), to the application under Para 1 shall be attached copies of the following documents:

1. permit for hinting by the name of the hunter;

2. payment protocol under the Law of the Hunting and Preservation of Game, certified by the respective regional inspection of Environment and Waters.

(2) (new – SG 88/05) For export of specimens of species under Art. 70, item 1, letters "a" and "b", the opinion under Para 1 shall be required once and shall be valid for the period of the whole hunting season.

(3) (previous Para 2 - amend., SG 88/05) For application for export of specimens of species of art. 70, item 2 and 3 the statement of para 1 can be required at the discretion of the Minister of Environment and Waters or the empowered by him/her person.

(4) (new – SG 88/05) Opinion under Para 3 shall not be required for export of specimens, which are subject to a preliminary defined quote.

Art. 84. (1) The scientific consultative body shall present to the Ministry of Environment and Waters statement within 15 days from receipt of the request of art. 83, para 1.

Art. 85. The permit of art. 75, para 1 shall be issued within 5 work days from receipt of the application of art. 80 or presentation of statement of art. 84, observing all requirements of the Convention and this law.

Section III.

Art. 86. The customs bodies shall exercise customs supervision and control of import and export of specimens of species of art. 70 to and out of the customs territory of the Republic of Bulgaria.

1. check up whether the consignment is accompanied by a permit of art. 75, para 1 and 3;

2. require from the border veterinary and phyto-sanitary service to establish within 1 hour whether the specimens correspond to the data indicated in the permit; if this identification is not made the customs bodies shall address for identification and value assessment of the specimens to a respective expert of the list of art. 72, para 2 who shall be obliged to appear at the border control checkpoint within 6 hours from the calling;

3. certify the original and the two enclosed copies of the permit for import or export according to art. 75, para 1, entering the actual quantity of imported or exported specimens, hold and keep copy No 3 designated for the customs bodies;

4. in case of import retain the origin of the permit of art. 75, para 1 and the original permit issued by the managing administrative body for implementation of the Convention of the state of export;

5. send, within 5 days, to the Ministry of Environment and Waters the permits of item 4 - for import, and for export - a copy of the certified permit for export of art. 75, para 1 as well.

(2) (new – SG 88/05) The customs bodies shall provide premises for temporary lodging of the live specimens till the finalization of the expertise under Para 1, item 2.

Art. 88. For established violation of the requirements of this law or in cases of doubt for violation the customs bodies shall retain the specimens and the objects having served as an instrument of the violation and shall inform immediately the Ministry of Environment and Waters or the respective regional inspectorate for the environment and waters which shall provide the placement of the specimens in appropriate conditions in rescue centres.

Art. 89. The respective regional inspectorates for the environment and waters and rescue centres shall render full assistance to the customs bodies for clarifying the cases of art. 88 and taking decision on them.

Section IV.

Art. 90. (amend., SG 88/05) (1) Subject to registration shall be all specimens of species of art. 70, item 1 and 2 with exception of :

1. the foodstuffs from them

2. the species - subject to the Law for the hunting and preservation of the game and the Law of the medical plants;

3. colouristic mutations of the species of birds and artificially obtained hybrids of orchids under Art. 70, item 2, which have not the natural colour of the wild forms;

4. small leather articles;

5. invertebrate animals;

6. species under Art. 75, Para 2, item 3.

(2) Specimens of species of art. 70, item 1, issued for which are permits for import, and these under Art. 70, item 1 and 2, for which is issued original permit for export, issued by the exporting country, after the enactment of this law shall be registered ex-officio by the regional inspectorates for the environment and waters without applying by the owner by the order of art. 92.

(3) Within 7 days from the receipt of the original permit for export, issued by the exporting country, the Ministry of Environment and Waters shall send to the respective regional inspectorate for the environment and waters the necessary documentation for the registration of para 2.

(2) (new – SG 88/05) The registration card under Para 1 may be of two types:

1. for registration of single specimens;

2. for registration of group of specimens;

(3) (new – SG 88/05) The card under Para 2, item 2 shall be used only for groups of specimens under Art. 70, items 1 and 2, foe which the individual marking is impossible.

1. (suppl. – SG 34/06, in force from 01.10.2006) name and UCC - for individuals, and for the corporate bodies - name, headquarters and BULSTAT or unified identification code for the traders;

2. data for the specimen - species and state (live, dead, part of a specimen or product);

3. address of raising - for obtaining a live specimen;

4. way of obtaining - imported, purchased, exchanged, donated, reproduced in closed premises, found.

(2) Attached to the application under para 1 shall be:

1. original document for registration issued by the regional inspectorate for the environment and waters - for purchase of already registered specimen according to art. 91;

2. document of origin;

3. way of marking the specimen;

4. original permit or other document for catching or killing the specimen from the nature, stipulated by a normative act and proving the lawfulness of the obtaining of the specimen.

1. (amend., SG 88/05) change of circumstances related to the specimen – change of the owner, change of the address of raising a live specimen or dead, theft or losing the specimen;

2. destruction, damaging, loss or theft of the document for registration of the specimen.

(2) The regional inspectorates for the environment and waters shall:

1. (amend., SG 88/05) register the changes of para 1 in the register of art. 95 and in the document of registration under Art. 91;

2. (amend., SG 88/05) issue a new document for registration in the cases of para 1, item 1 and item 2;

3. inform the Ministry of Environment and Waters about the cases of theft or loss of a specimen or a document for registration.

Art. 95. The regional inspectorates for the environment and waters shall keep a register of the specimen of art. 90.

Art. 96. (1) The registration of specimen of art. 90 shall not regard collections in zoo gardens and botanical gardens, museums, universities, institutes of the Bulgarian Academy of Science and other scientific and academic institutes.

(2) (amend., SG 88/05) The persons of para 1 shall present to the Ministry of Environment and Waters and the respective regional inspection of environment and waters a list of the available specimens in species, presenting, at the beginning of every current year, information about the changes made in the list during the past year.

(3) (new – SG 88/05) The list under Para 2 shall contain:

1. the species of the animal or the plant, pointed in the Bulgarian and Latin languages;

2. data about the specimen – species and status (live, dead, stuff, part or product of a plant or of an animal);

3. the way of obtaining – imported, bought, exchanged, donated, reproduced in closed, left at disposal under Art. 39, Para 2;

4. the number and the type of the document by which the specimen has been obtained;

5. the number of registration card in case of registration under Art. 91.

(4) (new – SG 88/05 Permit under Art. 75, Para 1 or label under Art. 78, Para 1 shall not be issued to the persons under Para 1, who do not observe the provisions of Para 2.

(2) For the purposes of the registration of para 1 the persons shall file in the Ministry of Environment and Waters application stating:

1. (new – SG 88/05, suppl. – SG 34/06, in force from 01.10.2006) name and unified civil number – for natural persons, and for legal persons – name, seat and BULSTAT or unified identification code for the traders;

2. (previous 1 – SG 88/05) the address where the activity will take place;

3. (previous 2 – SG 88/05) the scientific name of the species and the conditions of their reproduction and raising;

4. (previous 3 – SG 88/05) proof of the lawful obtaining of the initial reproduction material.

Art. 98. (1) Within 15 days from filing the application the Ministry of Environment and Waters shall carry out inspection of the circumstances of art. 97, para 2 and shall require a statement from the scientific consultative body by the order of art. 83.

1. send documentation for registration of the activity to the Secretariat according to the requirements of the Convention;

2. in case of refusal inform the applicant within 30 days.