Bulgarian Maritime Admi by xiuliliaofz

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									                            REPUBLIC OF BULGARIA
          MINISTRY OF TRANSPORT, INFORMATION TECHNOLOGY
                        AND COMMUNICATIONS
                 BULGARIAN MARITIME ADMINISTRATION




           BULGARIAN PORT LEGISLATION




Peter Kirov - Deputy Executive Director    Black &Azov Sea Port Terminal Conference
Bulgarian Maritime Administration         3-4 October 2011, Bourgas, Grand Hotel PrImoretz
              BULGARIAN MARITIME ADMINISTRATION


               Danube River              Toutrakan
              Oryahovo                               Silistra
Vidin                    Somovit
        Lom                             Rousse                   Balchik
                             Svishtov

                                                      Varna




                                                                            Black Sea
          Sofia                                       Nessebar
                                                                 •Pomorie
                                            Bourgas
                                                                 •Sozopol
         BULGARIAN MARITIME ADMINISTRATION

              BULGARIAN PORT LEGISLATION 2000
           Law on the Sea Spaces, Inland Waterways and Ports
        in the Republic of Bulgaria - SG No.12 /11 February 2000

• Established the legal regime of the sea spaces, inland waterways
   and the ports in the Republic of Bulgaria

• Defined the ports in Bulgaria: public transport, fishing, yacht,
   specialized, naval

• Define the collection of port dues and port statistical information

• Defined the functions of the Executive Agency Port Administration
         BULGARIAN MARITIME ADMINISTRATION

      EXECUTIVE AGENCY PORT ADMINISTRATION 2000
 Executes the authority of the Minister of Transport and Communications
     in all the ports in the Republic of Bulgaria except the military ports
• Provide the security and safety of the ports.
• Coordinate the management and maintenance of public ports
• Keep a register of all ports and port operators in the Republic of Bulgaria.

• Assist the Minister of TC in carrying out control over performance of
   concession contracts.

• Control the observance of the requirements for free access and application of
   equal competitive conditions for port operators.

• Collect, process and provide port statistic information.
• Collect canal dues, ship tonnage dues, load lone quay dues and light dues.
             BULGARIAN MARITIME ADMINISTRATION
                         BULGARIAN PORT LEGISLATION 2004
    Law on Sea Spaces, Inland Waterways and Ports in the Republic of Bulgaria - amended SG
                                          No.24/ 2004


•    Public ports of national importance – state owned

•    Public ports of regional importance – state, municipal, private

•    Establish a National Company “PORTS”– an authorized state owner of the
     public ports with national importance / Suspend the activities of the Executive
     Agency Port Administration (§ 77-80)

•    Define special rules for provision of port services in the public ports of national
     importance

•    Define special rules for concession of port terminals of the public ports of
     national importance
          BULGARIAN MARITIME ADMINISTRATION


   CONSTITUTIONAL COURT OF THE REPUBLIC OF BULGARIA
       DECISION No 5 OF 10 MAY 2005 – SG 45 / 2005:

• The newly established state-owned enterprise has been vested with power
   functions that can be delegated to Government agencies alone - Art. 105,
   para 2 of the Constitution delegates these functions to the Council of
   Ministers

• The merger of the delegated Government-specific functions and the
   business puts the state-owned enterprise in a privileged position in relation
   to the remaining legal entities and monopolizes these functions in favor of
   the said enterprise and thus contravenes Art. 19, para 2 and Art. 18, para 4
   of the Constitution.
     BULGARIAN MARITIME ADMINISTRATION


          BULGARIAN PORT LEGISLATION 2005
        Decree of the Council of Ministers No.124 / 2005
                      In force SG 55 /2005


 EXECUTIVE AGENCY PORT ADMINISTRATION
    A Legal body to succeed the National Company “Ports”

Executed the state management of the public ports of national
                          importance.
Executed some of the functions of the National Company “Ports”
      BULGARIAN MARITIME ADMINISTRATION


           BULGARIAN PORT LEGISLATION 2005
Law on Sea Spaces, Inland Waterways and Ports in the Republic of
                Bulgaria - amended SG 104 /2005
                       in force 27/12/2005


BULGARIAN PORTS INFRASTRUCTURE COMPAMY
 State ownership - development (maintenance and extension) of the
                 public ports of national importance
      BULGARIAN MARITIME ADMINISTRATION

           BULGARIAN PORT LEGISLATION 2008
Law on Sea Spaces, Inland Waterways and Ports in the Republic of
                Bulgaria – amended SG 71 / 2008



Executive Agency Maritime Administration
  Executes the authority of the Minister of Transport, Information
 Technologies and Communications on the control and operation of
                       the ports in Bulgaria
       BULGARIAN MARITIME ADMINISTRATION


    Law on the Sea Spaces, Inland Waterways and Ports
     in the Republic of Bulgaria – latest amendments:
       SG 98 /2008, SG 108/2008, SG 47/2009, SG 81/2009, SG 61, 88 /2010, SG 23/2011


MOTIVATION FOR FURTHER AMENDMENTS AND SUPPLIMENTS:
  Create clear, consistent and credible legislative framework for Bulgarian
  ports development:

  – facilitate the procedures for new investments in ports - construction of new port
  infrastructure and modernization of the existing port terminals,

  - regulate the stature of some of the port facilities (terminals and pontoons) which
  presently are not considered as port infrastructure,

  - improve the port security and safety regulations,

  - improve the regulations on port and port operators registration,
  - others.
        BULGARIAN MARITIME ADMINISTRATION

     EAMA LATEST PROPOSALS FOR AMENDMENT AND SUPPLIMENTS OF
    THE LAW ON THE SEA SPACES, INLAND WATERWAYS AND PORTS IN THE
                           REPUBLIC OF BULGARIA

•      Registration of specialized port facilities for fishing services, under art.111a of the
      Law, keep the control functions of EAMA in regard to the observance to the minimum
      requirements for their operational safety

•     Registration of the piers, keep the control functions of EAMA in regard to the
      observance to the minimum requirements for their operational safety

•     Provide additional data for ports and piers for their registration in EAMA, under the
      art. 111a of the Law


•     Provide a legislative definition of : “vessel’s berth”, “length of the quay front”,
      length of the coastline”, “safety depth”.
         BULGARIAN MARITIME ADMINISTRATION

                  BULGARIAN PORT LEGISLATION 2011

                              CONCLUSION

Incorporate best practices

Good cooperation between institutions and business

European and international justification to the new legislative rules
BULGARIAN MARITIME ADMINISTRATION




        THANK YOU!

								
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