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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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