Legal base

Aquacultures (title amend. SG 94/05)

Art. 25. (1) (amend. SG 94/05; amend. – SG 59/12) The breeding and raising of fish and other

water organisms and the production of genetic material carriers from hydrobionts shall be carried out by sole entrepreneurs and legal persons, registered with EAFA.

(2) (amend. SG 94/05l amend. – SG 61/10; amend. – SG 59/12) The persons, who breed and raise fish and other water organisms in the waters of the Black Sea and in the dams, shall be registered after limits for the amount of the production are determined, the necessary areas for fish economic activities and obligations for change of the place of the technical facilities at certain period. When the technical facilities are in the waters of the Black Sea the registration shall be implemented also after coordination with the chiefs of the territorial directorates of Executive agency “Sea administration” and with the chiefs of the military naval bases of the Bulgarian army.

(3) (amend. SG 94/05) For issuing of documents for registration a fee, determined with the tariff of art. 17a, para 4, shall be paid.

(4) The registration of the persons of para 1 shall be implemented separately or each site.

(5) (new – SG 36/08; amend. – SG 80/09) The Minister of Agriculture and Foods and the Minister of Environment and Waters shall settle on the terms and the procedure for setting limits for the volume of production in aquaculture sites.

(6) (new – SG 59/12) The conditions and order for registration of the producers of genetic material carriers shall be determined in an ordinance of the Minister of Agriculture and Food.

(7) (new – SG 59/12) The control in the activities of the persons referred to in Para 6 shall be

carried out as set out in the Livestock Act.

Art. 25a. (new – SG 94/05) (1) ring in the register the persons of art. 25, para 1 shall submit application to the chief of the respective territorial unit of EAFA.

(2) To the application of para 1 shall be added:

  1. (amend. – SG 71/08) document for ownership or document certifying the ground for use of sites – state, municipal or private property;
  2. the respective permits under the Waters Act;
  3. (amend. – SG 61/10) the respective decision as per Chapter Six of the Environmental Protection Act and coordination sketches by the bodies of art. 25, para 2;
  4. (suppl. – SG 59/12) technical description of the site and technological scheme of production in compliance with the issued permits under the Waters Act;
  5. (amend. – SG 105/05, in force from 01.01.2006; amend. and suppl. – SG 59/12) certificate for actual status of the court registration or a unified identity code;
  6. document for paid fee for registration;
  7. (new – SG 36/07) permission as per Art. 67, para 2 of the Biological Diversity Act, where necessary;
  8. (new – SG 36/07; suppl. – SG 59/12) document setting a production limit as set out in the

ordinance under Art. 25, Para 5.

(3) (new – SG 59/12) The contents of the technological description and the technological

production scheme shall be determined in an ordinance of the Minister of Agriculture and Foods.

Art. 25b. (new – SG 94/05) (1) In 14 days term after submitting of the application of art. 25 the

person shall be entered in the register and certificate for registration shall be issued.

(2) At established incompleteness or imprecision in the presented documents the executive

director of EAFA or a person authorized by him shall in 7 days term after receiving the application send notification for their removal.

(3) The applicant shall remove the irregularities of para 2 in 14 days term after receiving the notification.

(4) When the irregularities are not removed in time the executive director of EAFA or a person authorized by him shall refuse entering in the register and issuing o certificate.

(5) (amend. – SG 30/06, in force from 12.07.2006) The refusal of para 4 may be appealed by the order of the Administrative procedure code.

Art. 25c. (new – SG 94/05) (1) The registration of art. 25b, para 1 shall be termless.

(2) At change of the data of art. 25a, para 2 the registered person shall in 30 days notify the respective territorial unit of EAFA for entering the changes in the register of the persons breeding and raising fish and other aquatic organisms.

(3) (new – SG 59/12) The persons registered under Art. 25 shall submit to EAFA a certificate for registration of an animal breeding site as set out in Art. 137 of the Veterinary Practice Act within 30 days from the start of the site operation.

Art. 25d. (new – SG 94/05) (1) (amend. – SG 59/12) The executive director of EAFA shall with an order terminate the registration of a person under the following conditions:

  1. on application by the person;
  2. at termination or liquidation of the legal entity;
  3. (revoked – SG 59/12)
  4. at termination of the activity for more than one year;
  5. at withdrawal of the permit under the Waters Act;
  6. (new – SG 36/07) in case the term of the document certifying the ground of using the site expires;
  7. (new – SG 36/07) in case the term of the respective authorization under the Waters Act expires;
  8. (new – SG 59/12) in case of failure to comply with the requirement of Art. 25c, Para 2 and 3;
  9. (new – SG 59/12) in case of failure to comply with the technological production scheme;
  10. (new – SG 59/12) in case of failure to submit the data under Art. 27, Para 1, Item 1 in two consecutive years;
  11. (new – SG 59/12) in case of invalidation of a certificate for registration of an animal breeding site under the Veterinary Practice Act.

(2) (amend. – SG 30/06, in force from 12.07.2006) The order of para 1 shall be subject to appeal by the order of the Administrative procedure code.

Art. 26. (amend. SG 94/05; revoked – SG 61/10)

Art. 27. The persons, who breed and raise fish and other water organisms, shall be obliged:

  1. (amend. SG 94/05; amend. – SG 59/12) to present to EAFA every year till the end of January data about:
  2. a) the fish and the other water organisms, produced and sold by them during the previous year, with age, kinds and quantities;
  3. b) the age of employed persons according to sex, age and education;
  4. (amend. – SG 08/11, in force from 25.01.2011; revoked – SG 59/12)
  5. (new – SG 94/05; amend. – SG 59/12) to keep diary of the sales and at first sale to issue declarations of origin of aquaculture products by order defined in an ordinance of the Minister of Agriculture and Food;
  6. (new – SG 94/05; suppl. – SG 59/12) to present monthly to the officials of EAFA copies of the issued declarations for origin and the number of the invoice for the payment;
  7. (new – SG 94/05) to present the diary for the sales to the control bodies at request;
  8. (new – SG 94/05) to observe the applied technological scheme of the production;
  9. (new – SG 36/07; suppl. – SG 59/12) not to exceed the set production limit set in the permit for use of a water site;
  10. (new – SG 59/12) to register ships used for aquaculture production in the water of Black Sea as set out in the ordinance under Art. 16, Para 3, within one month from entry into operation of the technical facilities.

Art. 28. (revoked – SG 59/12)

Art. 28a. (new – SG 94/05) (1) (amend. – SG 08/11, in force from 25.01.2011; amend. – SG, 12/2015) The chiefs of the territorial units of EAFA shall present officially excerpt from the register to the persons who breed and raise fish and other aquatic organisms, to the regional directorates “Agriculture” for including the information in the register of the farmers.

(2) (amend. – SG, 12/2015) The producers of aquacultures registered by the order of this Act shall benefit the rights of farmers in the sense of the Agricultural Producers Support Act.

ADMINISTRATIVE PROVISIONS

Art. 68. (1) (amend. SG 94/05; amend. – SG 59/12; amend. and suppl. – SG 102/12) Whoever breeds and raises fish and other water organisms without being registered, in violation of art. 25, shall be imposed a fine, respectively a property sanction, from 1500 to 3000 levs.

(2) (amend. SG 94/05; revoked – SG 59/12)

Art. 68a. (new – SG 94/05) (1) (amend. – SG 59/12) Any sole entrepreneur or legal person who violates the ban of art. 25c, para 2 shall be imposed a property sanction from 600 to 900 levs.

(2) (revoked – SG 59/12)

Art. 69. (amend. SG 94/05; amend. – SG 36/08; amend. – SG 59/12; suppl. – SG 102/12) Any sole entrepreneur or legal person who breeds and raises fish and other water organisms in violation of art. 27, items 1, 6, 7 or 8, shall imposed a property sanction from 500 to 1000 levs.