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State Gazette highlights

May 19, 2020

State Gazette Highlights

In issue 44 dated 13 May 2020, the following have been promulgated:

1. Law on Amendment and Supplement to the Health Act

The transitional and final provisions introduce amendments to the following laws and codes:

1. Measures and Actions during the State of Emergency Act

  • Within two months after the repeal of the state of emergency, all public sales and entering into possession against natural persons declared by state and private bailiffs shall be suspended, and then scheduled anew, and no fees and charges shall be due;
  • No distraints shall be placed on the bank accounts of municipalities, salaries, pensions and bank accounts of natural persons two months after the repeal of the state of emergency;
  • Within two months after the repeal of the state of emergency, in case of delay in the payment of obligations by private law subjects, debtors under loan agreements and other forms of funding granted by financial institutions pursuant to Art. 3 of the Credit Institutions Act, no deferral interest and penalties shall be charged, the liability may not be declared for early collection, and the contract may not be terminated due to default;
  • The 60:40 scheme, under which the NSSI covers 60% of employees’ remuneration and social security contributions, will continue to be effective until 30 June 2020;
  • The terms suspended for the period of the state of emergency under the Measures and Actions during the State of Emergency Act declared by means of a Parliament decision dated 13 March 2020, and for overcoming the consequences, shall resume after the expiry of 7 days from the promulgation of this law in the State Gazette.

 2. Foreigners in the Republic of Bulgaria Act

  • Foreign persons permitted long-term residence in the Republic of Bulgaria, whose term of residence expires within three months after the repeal of the state of emergency may submit applications for extension of their residence within three months after the repeal of the state of emergency, and this period shall not be considered to constitute an interruption when the foreign persons submit an application for long-term or permanent residence;
  • Foreign persons permitted long-term residence in the Republic of Bulgaria, whose term of residence expires within three months after the repeal of the state of emergency may enter the Republic of Bulgaria without a visa within three months after the repeal of the state of emergency.

 3. Labour Code

  • Unpaid leave up to 60 working days used in 2020 shall be counted towards labour service;
  • In 2020, the time spent on unpaid leave up to 60 days shall be counted towards social security service pursuant to the Social Security Code.

 4. Excise Duties and Tax Warehouses Act

  • Licensed warehouse holders shall use a video surveillance system compliant with the statutory requirements if they perform production or storage of energy products with Combined Nomenclature codes 2710 12 to 2710 20. The previous requirement of the law was for such systems to be maintained by licensed warehouse holders that perform the production and storage activities (there was a requirement for both activities to be cumulatively performed), while following the amendment, one of the activities will be sufficient;
  • It is stated that a tax warehouse may not be an installation comprising:
  1. Oil product pipelines with more than one storage or energy production base/site connected/attached thereto.
  2. Oil pipeline and oil product pipeline with more than one storage or energy production base/site connected/attached thereto.

An exception shall be the case in which the oil product pipeline is connect to an oil processing installation; in this case, the pipeline and the site where the installation is located constitute a single tax warehouse.

  • If the oil pipeline is located on the territory of more than one customs institution, it shall be treated as a separate tax warehouse, for which a separate license shall be issued. The pumping installation necessary for the oil product pipeline to operate shall be treated as a part of the tax warehouse.
  • The licensed warehouse holders affected by these provisions shall align their activities to the new requirements, by submitting a notice, within a one-month period as from 13 May 2020, to the Director of the Customs Agency declaring a change in circumstances. Should they fail to observe this deadline, the tax warehouse license issued shall be terminated.
  • An obligation is envisaged for licensed warehouse holders to use metering and control devices at the inlet and outlet of the pumping facilities necessary for the operation of the oil product pipeline.
  • Within a one-month period after the repeal of the state of emergency, amendments shall be passed to the Rules on the Application of EDTWA in relation to introducing requirements on the metering and control devices to be used by licensed warehouse holders.
  • Within a one-month period from the enforcement of the Rules on the Application of EDTWA, licensed warehouse holders shall submit an application for approval of the construction of the video surveillance system, and within two months from issuance of the building approval, the licensed warehouse holders shall align their activities with the requirements for use of this system.

The law shall be effective as from 14 May 2020, with the exception of the amendments to EDTWA, which shall be effective as from 13 May 2020.

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