Name of law Law amending and supplementing the law on physical education and Sport Bill name a bill amending and supplementing the law on physical education and sport date adopted 23/11/2010 number/year Official Gazette Decree No 96/2010 320

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on physical education and sport, adopted by the National Assembly of the HLI 23 November 2010.

Issued in Sofia on 29 November 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on physical education and sports (official SG. Since 1996, 58; No. 8 Decision of the Constitutional Court from 1997 – issue 53 of 1997; amend., SG. 124 of 1998, no. 51 and 81 of 1999, no. 53, 55 and 64 in 2000, no. 75 of 2002. Decision No 6 of the Constitutional Court from 2002 – issue 95 of 2002; amended. , PC. 120. Since 2002, PCs. 96 of 2004, PCs. 88 and 103 from 2005, PCs. 30, 34, 36 and 80 from 2006, PCs. 41, 46 and 53 of 2007, PC. 50 by 2008, PCs. 74 of 2009 and PCs. 50 of 2010.)

§ 1. Art is created. 50 years:

"Art. 50. (1) On real estate – public or private State or municipal property, with the exception of properties – exclusive State property can be set up free of charge right of sports federations to build sports facilities and/or equipment. The right of construction shall be established for a period of not more than 30 years. The period shall start to run from the date of entry into force of the Treaty establishing the right of the building.

(2) a Sports Federation under para. 1 must:

1. is licensed under this Act and is practicing its activity not less than 4 years;

2. is not in bankruptcy or winding-up proceedings;

3. There are no outstanding obligations to the State or municipalities within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations;

4. There are no overdue liabilities arising out of the use of sports facilities and/or equipment – owned by companies with 50 or above 50 per cent State-owned or municipal participation in capital;

5. provide financially secure financing and investment programme for the construction of sports facility and/or equipment and the maintenance and management for the period for which the right of construction shall be established;

6. has submitted a preliminary design for the construction of a sports facility and/or facility referred to in paragraph 5.

(3) the provision of financing and financially secure investment programme within the meaning of para. 2, item 5 shall be demonstrated by:

1. presentation of the investment programme by the Sports Federation with detailed analysis and estimate of the investment, the stepping stone and performance information on the origin of the funds;

2. presentation of the annual financial report for the preceding year by the Sports Federation;

3. written stated intent to source funding, when funding is secured from international sporting organisations and/or participation in international programmes for the financing of sport;

4. notarized copy of a contract between finance and Sports Federation Bulgarian and foreign natural and/or legal persons when funds are provided under the contract, as well as evidence of financial capacity of individuals who provide the funds.

(4) the right of construction under para. 1 on the property – public or private State property, shall be established by the Governor on the location of the property on the basis of a decision of the Council of Ministers. The decision of the Council of Ministers shall be adopted on the basis of a reasoned report to the Minister of physical education and sport, drawn up on the basis of a proposal from the Commission under para. 7.

(5) requests for the formation of a royalty-free right under para. 1 on public or private State property shall be submitted to Minister of physical education and sport. Applications shall be made on the website of the Ministry of physical education and sports and in a central daily newspaper within 7 days of their receipt.

(6) within two months from the date of disclosure pursuant to para. 5 requests for setting up a royalty-free right of construction may submit and other sports federations, which fulfil the conditions of paragraphs 1 and 2. 2.

(7) The requests shall be considered within one month from the expiry of the period referred to in paragraph 1. 6 of Commission, whose composition and rules of operation shall be determined by decision of the Council of Ministers. The Commission includes a representative of the Council of Ministers, the Ministry of physical education and sports, the Ministry of regional development and public works, of the district and of the municipal administration in the location of the property. The terms and conditions for the examination of requests shall be governed by the regulation for implementation of the law on physical education and sport.

(8) the right of construction under para. 1 on the property – public or private municipal property, shall be set up by the Mayor of the municipality on the basis of the decision of the City Council without auction or competition, and after receiving the opinion of the Minister of physical education and sport. The modalities for the consideration of requests for establishing right of construction shall be laid down in the Ordinances under art. 8, al. 2 of the law of municipal property.

(9) in the submitted two or more requests for establishing right of construction under para. 1 priority is ranked candidates who have:


1. proposed financially secure investment programme for construction and maintenance of the sports facility and/or facility with a higher value;

2. the proposed investment programme for the construction of a sports facility and/or facility which may be exercised more kinds of sport;

3. data presented for participation in national and international competitions in the last four years prior to the filing of the request.

(10) on the basis of a decision of the Council of Ministers, respectively, of the City Council, the Governor, the Mayor of the municipality, respectively, issued an order and shall conclude a contract for the formation of the construction law, setting out:

1. the sports entity and/or facility;

2. the period for which it establishes the right of construction;

3. the period of construction and commissioning;

4. investment program;

5. the procedure for the establishment of investments;

6. terms of use of the facilities of the sports clubs, members of the Sports Federation, pupil and student sports organizations and people with disabilities, as well as the conditions for public access;

7. the grounds for early termination of the contract other than those referred to in paragraph 1. 13.

(11) Sports Federation, in whose benefit is established right to construct under para. 1 shall be obliged to build and put into operation sports entity and/or facility for a period not exceeding 5 years from the date of entry into force of the Treaty. All the costs involved in the planning, design, construction and commissioning of objects and/or sporting equipment are for the account of the relevant Federation.

(12) for the period which was incorporated the right of construction, Sports Federation, in whose favour it is established, is not entitled to dispose it in whatever form, as well as to dispose of the object and/or sports facility. The right to construct or built a sports entity and/or facility cannot serve to guarantee the obligations of the Sports Federation or third parties.

(13) the right of construction under para. 1 shall terminate before expiry of the period for which it is established, by the District Governor, respectively of the Mayor of the municipality, on the basis of a decision of the Council of Ministers, respectively, of the City Council, when: 1. the Sports Federation be revoked or not extended issued pursuant to this Act sports licence;

2. violated the provisions of the law or the terms of the contract for the formation of construction law;

3. for a period of three years from the establishment of the right of construction has not begun construction or where for 5 years not completed sports entity and/or facility.

(14) the cost of acquisition of the property by the State or the municipality after the termination of the contract shall be borne by the Sports Federation.

(15) where the Sports Federation has failed to comply with its obligations under the Treaty under paragraph 1. 10, after the expiry of the time limit it may apply for the use of the same property by the procedure of art. 50 (b). "

§ 2. In the additional provisions the following amendments and additions:

1. The designation "additional provisions" shall be replaced by the following: "additional provision".

2. § 1, item 30, after the word "land" is added "dorm for athletes, administrative and storage buildings serving the sports infrastructure," and after the word "intended" to be added "the preparation of athletes and".

The law was adopted by 41-Otto National Assembly on November 23, 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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