site.btaParliament Adopts Conclusively Concessions Bill

Sofia, November 16 (BTA) - At its regular sitting on Thursday, the National Assembly adopted conclusively a Concessions Bill moved by GERB MPs.

The MPs of the Movement for Rights and Freedoms (MRF) left the plenary chamber after the majority rejected their proposal that the Energy Minister be empowered to award on the corresponding municipalities the management and use free of charge for up to 35 years of rock-based facing materials from deposits for which extraction concessions have not been awarded or requested.

Following the adoption of the Concessions Bill, a revision to the Cultural Heritage Act envisages the participation of at least one representative of the National Institute for Immovable Cultural Heritage in the commissions for determining the holder of an immovable cultural heritage concession, and the participation of a representative of the National Archaeological Institute with the Bulgarian Academy of Sciences when the concession site includes immovable archaeological cultural heritage.

A related amendment to the Water Act envisages the launch of a concession procedure for mineral water extraction by decision of the Council of Minister at the Environment and Water Minister's proposal, or by decision of the Municipal Council at the municipal mayor's proposal, respectively.

When the concession contract covers construction works, the concession holder has the right to build on another's property in conformity with the Spacial Development Act, the newly adopted bill stipulates.

The money owed by the concession holder under the concession contract and by the subcontractors can be transferred, pledged and subjected to compulsory payment in conformity with the Civil Procedure Code.

When, following the conclusion of the concession contract, a circumstance arises that the concession grantor could not have foreseen upon awarding the concession and that requires an amendment to the contract, the latter could be amended provided that: the concession's overall character will not be changed; the concession's initial value will not increase by more than 50 per cent; and the concession period will not be prolonged by more than one-third. Should the concession contract be terminated early by the concession grantor, the concession holder has the right to compensation to the amount of the unrestored expenses for investments in the site.

A complaint against a decision on a concession holder puts on hold the procedure for selection of a concession holder until the dispute's resolution.

The National Concessions Register maintained by a specialized directorate with the Council of Ministers contains separate batches with a unique identifier per type of concession (state, municipal, and joint) for each procedure for concession holder selection and for each concession awarded, distributed by concession grantors.