Name of law Law amending the code of the Shipping Name of the Bill a bill amending and supplementing the code of merchant shipping date adopted 14/10/2010 number/year Official Gazette 85/2010 Decree No 293

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 code of merchant shipping adopted by HLI National Assembly on 14 October 2010.

Issued in Sofia on 22 October 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the code of Merchant Shipping (official SG. 55 and 56, 1970; Corr, 58/1970; amend., 55/1975, no. 10 of 1987, 30 of 1990, no. 85 of 1998, 12/2000, no. 41, 2001 113/2002, no. 55/04. , PC. 42, 77, 87, 94 and 104 of the 2005 St. 30, 62 and 108 of 2006, St. 36, 71 and 98 of 2008 and St. 12 and 32 from 2009.)

§ 1. In art. 4, al. 3 Add "except for the provisions of chapter III, section I, which shall apply from the time of the setting of the keel".

§ 2. In art. 10, para. 1 the word "flag" is replaced by "basic".

§ 3. Article 35 shall be replaced by the following:

"Registration certificate

Art. 35. On ships entered in registrovite books on art. 34, para. 1, paragraphs 1 and 2 shall be issued a certificate of registration. "

§ 4. Article 35 (a) shall be replaced by the following:

"Temporary registration certificate

Art. 35. (1) on ships entered in registrovite books on art. 34, para. 1, item 3, shall be issued a temporary certificate of registration.

(2) the document referred to in paragraph 1. 1 the right to certify ships to sail under the Bulgarian flag for the duration of the contract for bareboat charter, but for not more than five years. "

§ 5. In art. 38, para. 1, item 8 the word "sea" is deleted.

§ 6. In art. 39, para. 2 the words "maritime mortgage" are replaced by "mortgage on the ship".

§ 7. In art. 39A, al. 1 section 2 is repealed.

§ 8. In art. 39 (b) item 1 is repealed.

§ 9. In art. 39 in the words "maritime mortgages" are replaced by "mortgages on ship".

§ 10. Article 39 (d) is repealed.

§ 11. In art. 40 al. 3 is repealed.

§ 12. In art. 40 (b), para. 2 creates a second sentence: "when transferring ownership of a ship under construction, which is already listed in registrovite books on art. 34, para. 1, item 4, at the request of the new owner, the ship can continue to be entered in the same consignment to final completion, as in this case, does not apply to art. 28. "

§ 13. In art. 46, para. 1, the words "or right of operational management" and "sea" are deleted.

§ 14. In art. 47 the following modifications are made:

1. In paragraph 8. 2 the word "maritime" is deleted.

2. in the Al. 3 the words "the right of sailing under Bulgarian flag" are replaced by "registration".

§ 15. Art is created. 47A:

"Mortgage on the ship

Art. 47. (1) For the securing of a claim may establish a mortgage registered in the books on registrovite ship.

(2) the mortgage on the vessel can be set up for his own or foreign debt. "

§ 16. In art. 48 the following modifications are made:

1. In paragraph 8. 1 the words "Maritime mortgage" are replaced by "Mortgage on a ship or ship under construction".

2. in the Al. 2 the words "interest in just one year from the date of the entry" shall be replaced by "all the claims set out in the Treaty.

§ 17. Article 49 shall be amended as follows:

"The subject of mortgage on ship

Art. 49. (1) a mortgage can be set up on a ship. It stretches and on compensation insurance on the ship, but does not cover the cargo, the freight price and rent.

(2) a mortgage shall include at least the ship on its hull, machinery, tools and equipment. "

§ 18. In art. 50, para. 4, after the words "the mortgaged ship" a comma and add "as well as constructive change on the ship".

§ 19. Art is created. 50A:

"Obligations of a debtor

Art. 50. Ipotekarniât action time owe the mortgage is required to maintain the class of ship, when there is one, the validity of the shipping documents, as well as to insure against ship marine risks. "

§ 20. Art is created. 50 (b):

"The rights of a creditor

Art. 50 (b). (1) upon failure to comply with the obligations of a debtor, the creditor may sell the mortgaged ship and when it is agreed in the contract for a mortgage – to pay the ship rental, entrust its management to the Manager or perform any other action provided for in this Treaty.

(2) in case the debtor ipotekarniât create obstacles to the implementation of any of the actions referred to in paragraph 1. 1, ipotekarniât lender exercise your rights pursuant to the civil procedure code. With the proceeds of the collateral proceedings commenced making rights shall expire after deduction of related costs.

(3) Ipotekarniât the lender is responsible for the damage caused if the exercise one of the rights unreasonably in al. 1. "

§ 21. Art is created. 50 in:

"Compulsory fulfilment of the ship

Art. 50. (1) a creditor whose claim is secured by a mortgage, has the right to satisfy the pre-emptive of the mortgaged ship whose ownership and to come across it.

(2) the right of preferred stretches and on income from the ship from the day on which the owner in enforcement due account for them under the civil procedure code.

(3) If the claim is for a specific monetary amount, or if it is arranged for him a monetary penalty, the creditor may, on the basis of the Treaty on the mortgage to request an order for immediate implementation by the procedure of art. 418 of the code of civil procedure. "

§ 22. In art. 51, para. 1 (b), the words ' flag ship ' shall be replaced by "the basic register".

§ 23. In art. 53, para. 2 the words "maritime mortgages" are replaced by "the mortgages on the ship".


§ 24. In art. 84 the following modifications are made:

1. the title shall be replaced by the following: "certificate of registration and provisional registration certificate".

2. Paragraph 1 shall be amended as follows:

(1) the registration certificate certifies the right of navigation of vessels under the Bulgarian flag and the right to property. "

3. in the Al. 2 in the text before item 1 the words "Act of nationality" shall be replaced by "registration certificate".

4. in the Al. 3 the words "provisional Nationality Act" are replaced by "provisional registration certificate".

§ 25. Article 84 (a) is repealed.

§ 26. Article 85 shall be replaced by the following:

"The issue of the registration certificate

Art. 85. The registration certificate and the provisional certificate of registration shall be issued by the Executive Director of the Executive Agency "maritime administration" or by officials authorised by him. "

§ 27. Article 88 shall be amended as follows:

"Completion of the crew

Art. 88. (1) the ship's crew of commercial vessels is completed by qualified seafarers. Not less than 25 per cent of the posts of the managerial and operational level and not less than 25 per cent of the posts of executive-level are Bulgarian citizens.

(2) the ship's crew of marine commercial vessels can be completed by persons who hold certificates of competence issued in accordance with the International Convention on standards of training, certification and Watchkeeping for seafarers, done at London on 7 July 1978 (published SG 31 of 2005;./Corr, 86 and 91 by 2009), as amended (STCW , as amended) by the Republic of Bulgaria, of the other Member State of the European Union, or from a third country which is recognised under secondary legislation of the European Union. The ship's crew of commercial vessels on the inland waterways of Europe, is completed by persons who hold certificates of competence issued in accordance with the guidelines for the preparation of the drivers of vessels and supply them with the certificates of competence for international shipping of the Inland Transport Committee of the Economic Commission for Europe of the United Nations and the Danube Commission.

(3) a Shipowner shall appoint the ship's crew without discrimination on grounds of nationality, religion, pay and other working conditions, but the definitions thereof has a command of the ship obŝorazbiraem language.

(4) the master and the Chief Engineer of the ship must be Bulgarian citizens or nationals of another Member State of the European Union or of a State party to the agreement on the European economic area, Switzerland or the Swiss.

(5) the crew of vessels for sport, tourism and leisure and neizv″ršvaŝi business is completed by authorized seafarers – Bulgarian and/or foreign nationals.

(6) where, due to exceptional circumstances, the shipowner may not fulfill the requirement of para. 1, he may, after authorization by the Executive Agency "maritime administration" to hire qualified seafarers who are nationals of other Member States of the European Union, of a State party to the agreement on the European economic area or Switzerland, the Swiss, and failing – third country nationals. Permission is given to the first port for crew change, which is declared in advance by the shipowner, but in any case, for a period not exceeding three months. "

§ 28. In art. 188, para. the words "or the new holder of the right" and the words "operational management" shall be deleted.

§ 29. In art. 377 following amendments and supplements shall be made.

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) the captain of a ship that does not send a notification that the ship is subject to a mandatory expanded inspection is punishable with a fine from 2500 to 5000 EUR

(3) the captain of a ship that does not send information about the type and volume of waste – the result of shipping activities on board the ship is punishable by a fine of 1000 to 2000 BGN.

§ 30. In art. 383 Al is created. 3:

"(3) the Executive Director of the Executive Agency" maritime administration "authorised officials may impose a fine with fish."

§ 31. In § 1a of the additional provisions establishes that 35:

"35." Minor event "occurs when the vessels do not carry out international shipping:

a) awarded by the Executive Agency "maritime administration" shipping documents are on board the ship;

b) during navigation is not located on board a valid document for the right ability of crew member when such are required;

in) is not marked emergency equipment of the ship;

d) marking and inscriptions on the hull of the ship are unreadable or missing;

e) missing crew list, when such are required;

f) ships ' logbooks were incomplete or incorrect. "

Final provisions

§ 32. Anywhere in the code, the words "Minister of transport" and "Minister of transport" shall be replaced respectively with "the Minister of transport, information technology and communications and the Minister of transport, information technology and communications", and the words "Ministry of transport" shall be replaced by "the Ministry of transport, information technology and communications.


§ 33. In the employment promotion Act (promulgated, SG. 112 of 2001; amend., 54/120 and by 2002, no. 26, 86 of 114 and 2003/52 and 81 of 2004 No. 27 and 38 by 2005, issue 18, 30, 48 and 33, 2006, 46/2007, no. 26, 89 and 109 from 2008. , PC. 10, 32, 41 and 74 from 2009 and PCs. 49 and 59 from 2010) in art. 70, para. 3 Finally, the comma and added "as well as for the seafarers referred to in art. 88 of the code of commercial navigation ".

The law was adopted by 41-Otto National Assembly on 14 October 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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