Please enable JS

Danailova, Todorov and Partners law firm was invited and participated in the workshop on public transport quality performance monitoring co organized by JASPERS and UITP, held on 14.03.2016 in Brussels.

The supplement of the Rail Transport Act lays down the regulation of an electronic consignment note concerning the internal carriage of goods by rail in Bulgaria. When an electronic consignment note is used as a transport document, the contract of internal carriage of goods shall be deemed concluded as of the moment the carrier certifies by electronic signature on the consignment note that he has received the goods for carriage. In this connection the contract of internal carriage of goods is fulfilled when the consignee or his proxy certifies by signature on the consignment note that he has received the goods for carriage.

The electronic consignment note may be printed on a hard copy. In order to have an evidentiary effects, the printed copy must contain the date and hour of printing of the used automatic system, seal, signature and certification „true copy“, made by the carrier.

There is a definition of „ticket“, which definition includes the issuance of an electronic ticket as a transport document.

Decree for promulgation of the draft bill:

As of 22.12.2015, the Road Act (RA) was amended and an alternative to the vignette fee was introduced – a fee for distance travelled (Toll fee), which allows a vehicle to travel the distance between two points on a certain road or road section. Only heavy-load vehicles are envisaged to pay the Toll fee. The Toll fee is expected to be introduced after the introduction of the National System for the collection of road infrastructure usage fees, which includes the European Electronic Toll Service (EETS). EETS can be provided by suppliers, registered in the Register of EETS Suppliers at the “Road Infrastructure” Agency. There is currently no information on the terms and conditions regarding the registration procedure.

According to the amendments to the Road Traffic Act (RTA) drivers will be required to provide, when necessary, a valid payment document (receipt, invoice) as proof of payment of the respective fee (vignette, Toll).

Pursuant to a Decree of the Council of Ministers from 17.11.2015 the vignette fees were increased. According to the motives attached to the bill amending the RA, the funds necessary for maintenance of the road network that were collected through payment of vignette fees, were not enough, which in turn resulted in the raise.

The new Act governs the following: 1. National institutional basis for financial resources management of the European structural and investment funds (the ESI Funds); 2. The conditions of providing the grant financial assistance (GFA); 3. Special rules, which the beneficiaries of the GFA must follow in order to determine a contractor; 4. Rules for verification and certification of the permissible costs and for execution of the payment and financial corrections.

Financial resources of the ESI Funds as those from the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, provided by an operative programmes to Republic of Bulgaria.

The contracts, which are concluded for rendering the abovementioned financial resources, are administrative contracts and for this reason they represent an individual administrative act. Thus, the arising disputes regarding these financial resources have to be resolved before the administrative courts under the Administrative procedure code, which will unify the contradictory interpretations for resolving such disputes until the moment when the new Act shall come into force.

The Registry Agency announced that as of 11.13.2015 its operations have been established in accordance with the provisions of the Commercial Register Act, adopted in July this year. The Registry Agency has implemented the necessary improvements in the Commercial Register systems, allowing all applications for initial registration to be viewed and considered by the end of the business day, following the day of receipt. Additionally, in case of any irregularities in an application, the Registry Agency shall send instructions to the applicant’s email address (if specified).