Law for the biological diversity

Art. 100. (amend., SG 88/05) Prohibited is the offering for sale, obtaining for profit, public display for profit purposes, donating, exchange or other transactions of disposal, using for trade revenue and sale, storing for the purpose of sale, offering for sale of specimens of species of art. 70, item 1.

1. obtained before the enactment of the Convention;

2. raised in closed premises animal specimens or artificially reproduced plants - upon proving these circumstances;

3. necessary for the development of the science, when the respective species are only appropriate for such purposes and there are no specimens of the species raised in closed premises;

4. (suppl., SG 88/05) designated for reproduction programmes or scientific studies for the purpose of preserving the species, as well as for the needs of the museums, zoo parks and the scientific institutes.

(2) (amend., SG 88/05) For sale of specimens registered according to art. 91 the seller shall submit to the buyer:

1. the original of the registration card under Art. 91, Para 2, item 1;

2. the copy of the registration card under Art. 91, Para 2, item 2;

(3) (new – SG 88/05) The original registration card under Para 2, item 2 after the finishing of the quantity pointed in it, shall be returned to the regional inspection of environment and waters by which it has been issued.

Art. 102a. (new – SG 88/05) (1) The owners of specimens of species under Art. 70, item 1 and item 2 shall obligatory mark or label them in accordance with the type and the status of the specimen, and the marking of the live specimens shall not injure their health status.

Section VI.

Art. 103. The disposing of specimens of species of art. 70, seized in favour of the state according to art. 129, para 1 shall be carried out by the Minister of Environment and Waters.

1. accommodation of the living specimens in the rescue centres determined for this purpose;

2. storing in appropriate places of dead specimens, foodstuffs or medicines.

(2) The foreign specimens for which customs formalities have not been fulfilled shall be placed under a regime of customs storing.

Art. 105. (1) The specimens shall be returned to the owner upon revoking of the penal provision by court order within 7 days after the enforcement of the court decision.

1. their return to the state of export when it is a country of origin of the specimens;

2. their return to the state of export in the cases of art. 74, para 1;

3. their submitting to a zoo or botanical garden or to rescue centres;

4. letting them free when the specimens are taken from natural habitats within the country in case that there are no obvious obstacles for their survival;

5. their sale.

(2) In case of seizing dead specimens in favour of the state the Minister of Environment and Waters shall order:

1. their gratuitous submission to higher schools or centres for training specialists for implementation of the Convention - for completion of educational collections;

2. their gratuitous submission to natural science museums and, when there is an artistic value - to art museums;

3. their sale.

(3) In case of seizing foodstuffs or medicines in favour of the state the Minister of Environment and Waters shall order:

1. their return to the country of export;

2. their submission to higher schools or centres of training specialists for implementation of the Convention - for completion of educational collections;

3. their destruction.

4. (new – SG 88/05) their termination.

Art. 107. (1) The expenses related to the statements and inspections of art. 84 and art. 87, item 2 and to the disposal of art. 104 in cases of applying art. 105, para 1 shall be for the account of the republican budget.

(3) The expenses related to the orders of art. 104 and 106 shall be for the account of the offender. For securing their payment the bodies establishing the offence can retain commodities or sums.

Art. 108. For sale of art. 106 the specimens shall be considered lawfully obtained upon presentation of the documents by which they have been bought.

Chapter five.

Art. 109. (1) Individual venerable or unique trees inside or outside the populated areas shall be declared protected in coordination with the individual or corporate body - owner of the real estate where the tree is located.

(2) The director of the respective regional inspectorate of the environment and waters and the person of para 1 shall sign written records stating the location and the characteristics of the tree - species, age, height and other particularities, its state and the necessary maintaining measures, as well as the obligations of the owner to protect the site.

(3) The written records of para 2 and a scheme of the location of the tree shall be sent to the Ministry of Environment and Waters.

Art. 110. The Minister of Environment and Waters shall issue an order for declaring the tree protected, which shall be promulgated in the State Gazette.

Art. 111. (1) (previous Art. 111 – SG 88/05) The owners of trees declared protected shall be obliged:

1. to protect them against destruction or damaging;

2. to inform the respective regional inspectorate for the environment and waters about occurred changes in the state of the site;

3. to coordinate with the respective regional inspectorate of the environment and waters the activities necessary for maintaining or restoration of the state of the site;

4. to provide access of representatives of the regional inspectorate of the environment and waters to the real estate for carrying out inspections of the state of the protected trees.

(2) (new – SG 88/05) Shall be prohibited activities leading to termination, harming or deterioration of the physiological status of the trees announces as protected.

Art. 112. (1) The Ministry of Environment and Waters can finance maintaining or restoration activities necessary for the preservation of the protected trees.

Art. 113. (1) The declared protected trees shall be entered in registers of the Ministry of Environment and Waters and of the respective regional inspectorate for the environment and waters.

Chapter six.

Art. 114. The Ministry of Environment and Waters and other state bodies and their divisions, within the framework of their competence, shall carry out the management and control of preserving the biological diversity in the Republic of Bulgaria.

1. carry out the state policy regarding the preservation and maintaining of the biological diversity;

2. work out, with the participation of the branch administrative bodies and non-governmental organisations and present to the Council of Ministers National Strategy for preservation of the biological diversity;

3. work out, with the participation of the branch administrative bodies and non-governmental organisations and present to the Council of Ministers National Strategy for preservation of the biological diversity, organise and report on the fulfilment of the plan;

4. create and maintain the National Ecological Network;

5. assign the working out and approve the plans for management of the protected zones and plans for actions for the species;

6. coordinate the activities of the other ministries, administrative bodies, municipalities, public organisations, scientific and academic institutes for preservation of the biological diversity;

7. organise control over the activities of the owners or users of lands, forests and water areas included in the National Ecological Network;

8. finance activities related to the implementation of this law;

9. work out and apply mechanisms for stimulation of the activities of the owners or users, non-governmental organisations, associations and others aiming at the preservation, maintaining and restoration of the biological diversity;

10. (amend., SG 88/05) organise a National system of monitoring of the state of the biological diversity and create database and geographic informational systems for registration of the state and establishing the changes of the biological diversity, provide access and exchange of data related to the preservation of the biological diversity;

11. work out annual report on the state of the biological diversity and on the activities related to its preservation;

12. represent the Republic of Bulgaria on the issues of preservation of the biological diversity;

13. organise and maintain state registers stipulated by this law;

14. issue orders, lists, permits and licences stipulated by this law;

15. publish lists and their changes for the species of art. 70.

(2) (new – SG 88/05) The conditions and order of establishment and functioning of the National system of monitoring of the state of the biological diversity shall be detrmined by an ordinance of the Minister of Environment and Waters.

Art. 116. (1) Created in National Council for Biological Diversity as a consultative body of the Minister of Environment and Waters.

(3) the activity of the National Council for Biological Diversity shall be settled by regulations approved by the Minister of Environment and Waters.

Art. 117. The directors of the regional inspectorates for the environment and waters and the directors of the national parks shall:

2. coordinate and control the implementation of he plans for management and plans and projects stipulated by this law, including their integration in the municipal plans and programmes;

3. control the preservation of the vegetation and animal species subject of this law;

4. maintain the regional registers stipulated by this law;

5. sanction offenders in the cases stipulated by this law.

Art. 118. The Ministry of Agriculture and Forests, the Ministry of Regional Development and Public Works and other state bodies and their divisions, as well as the municipalities, in the sphere of their competence, shall:

2. integrate the preservation of the biological diversity and the sustainable management of the biological resources in all plans, projects, programmes, policies and strategies in the respective sector, including in them, most of all, activities related to the preservation of the biological diversity, in compliance with the priorities of this law, of the National Strategy and of the National Plan for preservation of the biological diversity;

3. work out and implement plans for management of the protected zones and plans for action for priority vegetation and animal species;

4. collaborate with other competent bodies when the activities have inter-related or accumulated effect on the biological diversity or when their competence regards one and the same object or territory;

5. organise branch systems of monitoring of the state of the biological diversity and of the protected zones and create database and geographic informational systems for their characteristics, submitting to the Ministry of Environment and Waters information coordinated in type and period of presentation;

6. finance with priority scientific studies and activities related to the preservation of the biological diversity and the sustainable management of the biological resources;

7. use the results from the study of the biological diversity in working out plans, projects, programmes and policies in the sector or among the sectors;

8. control the activity of the owners or users of lands, forests and water areas included in the National Ecological Network;

9. sanction offenders in the cases stipulated by this law;

10. carry out international cooperation on issues of common concern, related to the preservation of the biological diversity and protected zones.

(2) (suppl., SG 88/05) The owners of collections of species under Art. 37 and 70, as well as the owners and the users of forests, lands and water areas shall be obliged to provide free access to their real estates for the purposes of the activities and the control according to this law, in compliance with the requirements of the other special laws.

(3) (new – SG 88/05) The Ministry of Environment and Waters may provide to the non-governmental and other organizations and entities the right to organize marinating, directing, regulating, recreating or other activities of environmental protection in the protected zones also concerning the protected species following an order as defined by an ordinance of the Minister of Environment and Waters.

Art. 120. Agency "Customs" shall exercise customs control over the import and export of specimens of the species of art. 70 according to the requirements of this law, of the Law for the customs and of the other normative acts related to the customs control.

Chapter seven.

Section I.

Art. 121. (1) (previous Art 121 – amend., SG 88/05) For prevention and stopping administrative offences according to this law and of the harmful consequences from them the competent bodies or persons authorised by them shall impose compulsory administrative sanctions by the order of this section.

(2) (new – SG 88/05) The bodies of Art. 122 shall impose compulsory administrative measures under this law in the cases of arising of direct danger of damaging or termination of protected zones or parts of them.

1. suspend orders of bodies of the executive authorities violating this law;

2. stop the fulfilment of plans and projects started or approved in violation of this law;

3. close down zoo gardens or parts of them which do not function in compliance with the requirements of this law;

4. revoke licences of zoo gardens in the cases of art. 62, para 4.

(2) The directors of the regional bodies of the Ministry of Environment and Waters shall:

1. (amend., SG 88/05) stop the activities of using the forests, the lands and the water areas and of other resources, as well as he construction in protected zones in violation of the orders for their declaring or of the approved, by the respective order, plans of management, development and technical plans and projects;

2. (amend., SG 88/05) stop activities or sites which harm or pollute the environment above the admissible norms in protected;

3. (amend., SG 88/05) stop orders of the regional departments of the forests, the state forestry, the state game-breeding stations and the directors of the nature parks and of the municipal bodies in violation of this law;

4. issue instructions for measures for prevention and/or removal of offences.

(3) (amend., SG 88/05) The heads of the regional departments of the forests, the directors of the state forestry offices, the state game-breeding stations and the directors of the nature parks as well as the mayors of the municipalities shall stop activities and construction in forests, lands and water areas - state, municipal and private property, carried out in violation of the approved plans for management ad development and technical plans and projects.

(2) (amend. - SG 30/06, in force from 12.07.2006) The order under Para 1 and Art. 122, Para 1 may be appealed under the order of the Administrative procedure code.

(3) The appeal of the order under Para 1 shall not stop its execution.

Section II.

Art. 124. (amend., SG 88/05) For violations of the prohibitions and the limitations defined under the order of Art. 12, Para 6, Art. 19 and Art. 29, as well as in event of offending the regimes and conditions determined in the orders under Art. 42, the natural persons shall be punished by a fee of 100 to 1000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 200 to 5000 BGN.

(2) For violation the conditions of the permit issued under the order of this law, as far as the deed does not construct other adnminiatrtive offence, the natural persons shall be punished by a fee of 100 to 2000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 300 to 6000 BGN.

(3) For violation of the compulsory administrative measures under Art. 122, the natural persons shall be punished by a fee of 100 to 1000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 200 to 5000 BGN.

(2) A certified hunter who has committed violation under Art. 38, Art. 41 Para 3 and Art. 44 shall be punished by a fee under Para 1 and shall be deprived form right to hunt for a period form one to two years.

(2) In the cases of Para 2, where the violation is committed against world-wide or European endangered species, the deprival of the right to hunt shall be for a period of three years.

(4) For violations under Art. 38, Art. 41, Para 3, Art. 44 and 46, committed in protected territories or concerning world-wide protected animal species, the fees under Para 1 shall be imposed in doubled amount.

Art. 127. For carrying out activity without permit of art. 75, para 1 the individuals shall be punished by a fine of 500 to 10 000 levs and the corporate bodies and sole entrepreneurs - by a proprietary sanction of 1000 to 30 000 levs.

Art. 128. (amend., SG 88/05) For violation of art. 76, para 4, item 1, art. 92, para 1 and art. 94, para 1 the individuals shall be punished by a fine of 50 to 2000 levs, and the corporate bodies and sole entrepreneurs - by a proprietary sanction of 100 to 5000 levs.

Art. 128a. (new – SG 88/05) For violation of Art. 43а, Para 1 and 3, Art. 73, Para. 2, Art. 90, Para 1, Art. 102, Para 2, Art. 102а, Para 1 and Art. 119, Para 2 the natural persons shall be punished by a fee of 500 to 10000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 1000 to 20 000 BGN.

Art. 128b. (new – SG 88/05) For violation of Art. 31, Para 9, the natural persons shall be punished by a fee of 500 to 10000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 1000 to 20 000 BGN.

(2) For breach of Art. 31, Para 9 and Para 10 the official shall be punished by a fee form 1000 to 5000 BGN.

Art. 128c. (new – SG 88/05) For other violations of this law, if the committed does not construct a crime, the natural persons shall be punished by a fee of 50 to 2000 BGN, and the legal persons and the sole entrepreneurs by a property sanction of 100 to 5000 BGN.

Art. 129. (1) (amend., SG 88/05) The objects subject of violation and the objects, including the live animals having served as an instrument for it shall be seized in favour of the state, not depending on which ownership they are.

(2) (amend. - SG 105/05, in force from 01.01.2006) The sale of objects of art. 1 shall be carried out by the order of the Tax-insurance Procedure Code.

(3) (new – SG 88/05) Para 2 shall not be applied in case of seizing in favour of the state of specimens of the species under Art. 37 and Art. 70, item 1, letters "a" and "b" - objects of the violation. In these cases the disposition shall be preformed respectively under the order of Art. 39, Para 2 and 3 or of chapter four, section VI.

Art. 129a. (1) For damages, caused to definite species plants and animals, included in the Appendix No. 3, the guilty persons shall pay compensation.

(2) (new – SG 88/05) The violations under Art. 124, Para 2 shall be found by and act of an official appointed by the body, which has issued the permit, and the punitive decrees shall be issued by the respective body, issued the permit or by an empowered by him/her person.

(3) (previous para 2 - SG 88/05) The violations of art. 126 shall be established by an act of an official appointed by the Minister of Environment and Waters or by the Minister of Agriculture and Forests, and the penal provisions shall be issued respectively by the Minister of Environment and Waters or by the Minister of Agriculture and Forests or by persons authorised by them.

(4) (previous para 3 - amend., SG 88/05)The violations of art. 127, 128, 128a and 12b shall be established by an act of an official appointed by the Minister of Environment and Waters and the penal provisions shall be issued by the Minister of Environment and Waters or by persons authorised by him.

(5) (previous para 4 - SG 88/05)The establishment of the violations, the issuance, the appeal and the fulfilment of the pnal provisions shall be carried out by the order of the Law for the administrative offences and penalties.

(6) (new – SG 88/05) The body which has issued the punitive decree by which punishment under Art. 125, Para 2 and 3 is imposed, shall, within three days period from its entering into force, notify the National Department of Forestry.

(7) The punitive decrees by which a fee up to 100 BGN, inclusive is imposed, shall not be subject to appeal.