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Процедура за възлагане на концесия за строителство на обект „Гражданско летище за обществено ползване София – публична държавна собственост“

Tender Procedure: Award of a works concession on the object "Civil Airport for public use Sofia" – public state property

(термините, употребени с главна буква в това съобщение, имат значението, дадено им в Документацията за Концесията или в Правилата за Информационната зала)

(the capitalised terms used in this notice shall have the meaning given to them in the Tender Documents or in the Data Room Rules)

Това е неофициален превод от български на английски език, който се предоставя само за улеснение на регистрираните Потребители на Информационната зала, само за тяхно лично ползване във връзка с настоящата Процедура, и не може да бъде използван за никаква друга цел.

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This is an unofficial translation from Bulgarian into English language, which is provided for convenience only to the registered Users of the Data Room, only for their own use in relation to the current Procedure and may not be used for any other purpose.

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Neither MTITC, nor any of its Affiliated Persons or advisors, shall bear any liability for the accuracy or completeness of this translation. With respect to the translated legislative act, the only valid and legal binding text is the official text in Bulgarian language published in the State Gazette of the Republic of Bulgaria, taking into account its respective subsequent modifications or amendments.

CONCESSION ACT

In force from 02.01.2018

Prom. SG. 96/1 Dec 2017, suppl. SG. 103/28 Dec 2017, amend. SG. 7/19 Jan 2018,

amend. SG. 15/16 Feb 2018

Chapter one.

GENERAL PROVISIONS

Section I.

Subject matter and objectives

Art. 1. (1) This Act regulates the public-private partnership, where an economic

operator carries out works or provides services awarded by a public authority by means of a

works concession or a service concession.

(2) This Act regulates also the terms and conditions and the procedure for the award

of a concession for the use of facilities which are public state or public municipal property.


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Art. 2. The objective of this Act is to provide:

1. development of quality and affordable infrastructure and services of general

interest through a partnership between the public authorities and economic operators;

2. the satisfaction of public needs through the involvement of private investment in

construction and in the provision and management of services at the best ratio of quality and

price;

3. effectiveness and efficiency in the spending of public money and of funds from

the European structural and investment funds and programmes;

4. economic efficiency of public property management for protecting the interest

of individuals and the society.

Art. 3. (1) Public authorities may choose whether to award public works or services

through a public procurement contract or by means of concession depending on the availability

of financial resources and opportunities for the transfer of the operational risk to the economic

operator.

(2) Where public works and/or services are being awarded without transferring the

operational risk to the economic operator, the award shall take place in accordance with the

Public Procurement Act.

Section II.

Principles

Art. 4. (1) The award of a concession is subject to the principles of publicity,

transparency, proportionality, equal treatment and non-discrimination.

(2) The principles of publicity and transparency may be limited in the cases

specified by law.

(3) The requirements to the economic operators must comply with the subject

matter, the value, the scope of works or services, the characteristics of the object of the

concession and the complexity of the concession.

Art. 5. (1) The determination of the value of the concession shall not be with the

intention to justify the application of a more favourable awarding procedure or non-compliance

with the principles of art. 4, par. 1.

(2) The concessionaire nomination procedure cannot be held in a way unduly

favouring or disadvantaging certain economic operators or certain works or services.

(3) The concessions shall be awarded and implemented subject to compliance with

the applicable State aid regulations.

Section III.

Types of concessions

Art. 6. (1) The concession is granted for a specific period by one or more public

authorities of one or more economic operators by a long-term contract for pecuniary interest,

hereinafter referred to as "concession agreement".

(2) According to their subject the concessions under this Act are:

1. public works concession;


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2. services concession;

3. concession for the use of public state or public municipal property, hereinafter

referred to as "concession for use".

(3) Depending on the body awarding them concessions can be state or municipal

concessions.

(4) Where two or more public authorities are granting the concession it is a joint

concession. The joint concession may be a state concession – where it is granted by two or more

Ministers, a municipal concession –where it is granted by two or more municipality mayors,

and a joint concession with the state and municipalities involved - in the other cases.

Art. 7. (1) The public works concession is a public-private partnership, where a

public authority entrusts to an economic operator the execution of works, the consideration of

which consists in the right of the economic operator to exploit the works subject to undertaking

the operating risk.

(2) Public work means:

1. the execution or both the design and execution of a work, or

2. the execution or both the design and execution of works and activities related to

one of the activities listed in Appendix 1, by which an existing construction is being

reconstructed, modified, rehabilitated or a major repair is being performed, or

3. the execution of construction and installation works for carrying out maintenance

and repairs on an existing construction which is fully operational.

(3) A construction means the outcome of construction and installation works, which

is sufficient in itself to fulfil an economic or technical function independently.

(4) The right of the economic operator to exploit the work includes getting of

income from provided through the construction services and/or for the pursuit of other

economic activities with the construction.

Art. 8. (1) The service concession is a public-private partnership, where a public

authority entrusts to the economic operator the provision and management of one or more

services other than public works, the consideration of which consists in the right of the

economic operator to get income from the provision of these services subject to assumption of

operating risk, hereinafter referred to as "exploitation of services".

(2) A service concession shall be awarded for services intended for use by the

public, including by the public authority, as well as for the activities listed in Appendix 2.

(3) A service concession can be granted for social or other specific services listed

in Appendix 3. Where any part of the services are social services or other specific services under

Appendix 3 and their value is greater than the value of the other services, the rules for social or

other specific services under this Act shall apply.

(4) By a service concession may be entrusted works under art. 7, para. 2, item 3.

(5) By a service concession may be entrusted delivery of goods by an economic

operator for a public body, the value of which is less than the value of the services. Where the

value of the supply is greater than the value of the services the Public Procurement Act shall

apply.

Art. 9. (1) By a concession for use a public body shall provide for consideration to

an economic operator the right to carry out a particular economic activity with a facility that is

a public state or public municipal property, without entrusting the execution of works or

provision and management of services. The concessionaire shall pay the grantor a concession


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fees and undertakes the obligation to performance an investment program that ensures the

maintenance of the facility fully operational.

(2) The economic operator has the right to receive the proceeds from the economic

activity carried out with the subject of the concession.

(3) The economic operator is obliged to protect and maintain the subject of the

concession, by implementing the proposed investment program and can carry out construction

works at their own expense, unless this is prohibited by the grantor.

Art. 10. (1) Where a public authority entrusts to the economic operator both the

execution of works referred to in art. 7, para. 2, item 1 or 2, and the provision and management

of services, the concession is defined as a works concession.

(2) Where a public authority entrusts the execution of works and/or the provision

and management of services and the provision of use of a facility which is public state or public

municipal property, the concession is defined as:

1. a work concession where works are entrusted under art. 7, para. 2, item 1 or 2;

2. a service concession - beyond the cases referred to in paragraph 1.

Art. 11. (1) A work concession and a service concession the value of which is

greater than or equal to the equivalent in BGN of the threshold set by the Commission

Regulation adopted pursuant to art. 9 of Directive 2014/23/EC of the European Parliament and

of the Council of 26 February 2014 on the award of the concession agreements (OJ NO L 28,

94/1 of March 2014), hereinafter referred to as "Directive 2014/23/EU", are concessions with

cross-border interests.

(2) A work concession and a service concession the value of which is below the

threshold referred to in par. 1, as well as any concession for use are concessions without cross-

border interest.

(3) Updated information on changes in the amount of the threshold under para. 1,

hereinafter referred to as "European threshold", is available on the website of the National

concession registry.

Art. 12. This Act shall also apply to concessions, which regardless of their subject

matter include, require or contain classified information, hereafter referred to as the "concession

with classified information".

Art. 13. (1) Notwithstanding its subject matter, any concession may be determined

by the grantor as a reserved concession.

(2) A reserved concession is the concession, which is implemented in programs for

creating secure jobs for people with disabilities or disadvantaged people.

(3) A concessionaire of a reserved concession can only be an economic operator,

provided that minimum 70 percent of their employees are people with disabilities or

disadvantaged people.

Art. 14. For the award of a concession the codes of the nomenclatures in the

Common Procurement Vocabulary shall be used.

Section IV.

Objects of concession

http://www.nkr.government.bg/


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Art. 15. (1) The object of a public works concession is one or more separate

constructions or part of a construction with a particular name, location and a function for which

the public authority has assigned specific works.

(2) The object of a service concession is a specific item or a set of items, through

which services are provided. The object of a service concession can be also an existing

construction.

(3) The object of a work concession and a service concession may be state,

municipal property, respectively, and also a property of the concessionaire or of another person.

(4) The object of a concession for use is a facility, classified by law as exclusive

state property, as well as a facility, property or part of a property which is public state or public

municipal property.

Art. 16. (1) For a public works concession in addition to the object of the concession

the grantor shall determine the concession area. For a service concession, concession area shall

be determined only when this arises out of the nature of the object of the concession. In addition

to the object of the concession the grantor can define one or more accessories.

(2) Concession area is the piece or pieces of land or part of a piec of land on or

under which the object of the concession is located.

(3) Accessory is the territory adjacent to the object of the concession or to the

concession area, the surrounding technical infrastructure within the meaning of § 5, item 31 of

the Additional provisions of the Spatial Development Act and any other separate item providing

unhindered, normal and safe operation of the object of the concession or the provision of

services, as well as any areas outside the object of the concession, which are not physically

linked with the object of the concession, but are necessary for the the implementation of

activities under the concession.

(4) Until the termination of the concession agreement the parties thereto cannot

dispose of the whole or part of the object of the concession, including with its accessory or with

the concession area.

(5) Accretions and improvements on a object of a concession, in a concession area

or accessory, which are public state or public municipal property, become a property of the

state, the municipality, respectively, as of the time of their occurrence.

(6) The ownership of accretions and improvements of an object of a concession and

of its accessory or of a concession area which are private state or private municipal property

shall be regulated by the concession agreement. In any case the material rights over real estate

that are established or occur in favour of the concessionaire, are with a term until the termination

of the concession agreement.

(7) Where the object of the concession is concessionaire’s property, the concession

agreement shall govern the ownership thereof after the termination of the concession

agreement, including whether the grantor is entitled to acquire ownership of the object, as well

as the acquisition price or the method of its calculation.

Section V.

Subjects

Art. 17. (1) The public body carrying out the acts for the awarding of the concession

and is a party to the concession agreement, is a contracting authority, hereinafter referred to as

"grantor".


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(2) The grantor’s powers for the state concessions shall be fulfilled by a Minister

in accordance with their branch expertise. The grantor’s powers shall be implemented by a

Minister also in cases where the object of the concession is a state property and in accordance

with the law is managed by or provided to be managed by the ministry managed thereby, by an

administration being a second-level budget spending authority subordinated to the same

Minister, or a public undertaking - a trader, the state property rights in which are exercised by

the Minister.

(3) The grantor’s powers for municipal concessions shall be implemented by the

Mayor of the municipality.

(4) The grantor’s powers for joint concessions shall be implemented by a body

appointed by agreement between two or more authorities under para. 2 and/or 3.

(5) For the implementation of their powers the grantor shall take decisions and carry

out acts independently, except in the cases specified by this Act.

(6) The Grantor shall represent the state, respectively the municipality, in matters

relating to the conclusion, validity, execution or termination of the respective concession

agreement and the consequences of such termination.

Art. 18. (1) An economic operator means any natural person, legal entity or other

entity or establishment, or a group of such persons and/or entities, including temporary

consortium of undertakings offering on the market execution of works, supply of goods or

provision of services.

(2) Economic operators can participate in a procedure for the determination of a

concessionaire alone or as an association in a form chosen by them, hereinafter referred to as a

"Group of economic operators".

Art. 19. (1) An economic operator having submitted an application and/or a

preliminary offer, has got the rights of the applicant in the procedure for the determination of a

concessionaire.

(2) From the date of submission of the offer the economic operator acquires the

rights of a participant in the procedure for the determination of a concessionaire.

Art. 20. (1) A concessionaire is the economic operator to whom the concession is

granted by means of a concession agreement.

(2) The concession agreement shall be concluded with the participant, nominated

as a concessionaire, and in the cases defined with this act – with a project company or with a

public-private company.

(3) Where the applicant nominated as a concessionaire is a group of economic

operators and consolidation of a project company or of a public-private company is not provided

the concession agreement shall be concluded with all members of the group. Where it is

indicated in the application, the concession agreement is concluded with the operator,

representing the group, or with the lead partner. In all cases, economic operators members of

the Group shall be jointly and severally responsible for the implementation of the concession

agreement.

(4) Where a concession provides for a payment by the grantor, the concessionaire

has to be a capital business company. In the event that the applicant nominated to be a

concessionaire, has got another legal and organizational form, the concession agreement shall

be concluded with a project company.


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Art. 21. (1) The concession agreement may be concluded with a project company

which is established for this purpose in the form of a capital business company.

(2) A requirement for the establishment of a project company may be put by the

grantor as a condition, where the applicant nominated as a concessionaire, is a group of

economic operators. In this case, the economic operators involved in the procedure for the

determination of a concessionaire as a group register the whole capital in the ratio indicated in

the offer.

(3) A project company may be established upon a proposal from the economic

operators involved in the group, where the possession of capital is divided as proposed in the

offer.

(4) A project company may be established upon a proposal from an economic

operator. In this case the applicant nominated as a concessionaire takes over as sole owner the

capital of the project company.

(5) Participating in the group economic operators referred to in par. 2 and 3, as well

as the economic operator referred to in paragraph 4 shall be responsible jointly with the project

company for the execution of the contract.

Art. 22. (1) The grantor may provide for the concession agreement to be concluded

with a public-private company.

(2) A public-private company shall be established for the purposes of the award of

a concession agreement in the form of a capital business company in which partners or

shareholders are the applicant nominated as a concessionaire, hereinafter referred to as "private

partner", and the state, one or more municipalities and/or a public undertaking designated by

grantor, hereinafter referred to as a "public partner".

(3) The public-private company shall be managed by the private partner. The public

partner is also involved in the management.

(4) The public partner, regardless of their share in the capital, has got a blocking

quota in taking the following decisions:

1. amendment of the Articles of association or of the by-laws;

2. increase and reduction of capital;

3. conclusion of the transactions under Art. 236, para. 2 of the Commerce Act;

4. conclusion of disposition transactions with property subject of an in-kind

contribution of the public partner;

5. reorganisation and winding up of the company.

(5) The private partner is responsible jointly with the public-private society for the

implementation of the concession agreement.

(6) The public-private company shall be established for a period until the

termination of the concession agreement.

(7) The rights granted over real property which are the subject of in-kind

contribution by the public partner shall be deemed to be granted until the winding up of the

company and may not be subject to disposition action on the part of the public-private company.

Upon termination of the company the granted rights shall pass back to the State, according to

the municipality or the public undertaking.

Art. 23. (1) The project company, respectively the public-private company is bound

by the tender to the applicant nominated as a concessionaire.

(2) The applicant nominated as a concessionaire, and where they are a group of

economic operators - each member of the group, is required to provide to the project company,

respectively, to the public-private company, resources with which the applicant has proven


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compliance with the requirements for professional or technical capacity and/or to financial and

economic condition and is able to carry out one or more of the activities which are the subject

of the concession agreement, as a subcontractor.

(3) The manner of provision of resources, as well as the participation of the private

partner or of members of the group as subcontractors shall be indicated in the offer and included

in the financial-economic model.

(4) The provision of the Commercial shall apply to the project company and to the

public-private company, unless otherwise provided in this Act.

Section VI.

Exclusions

Art. 24. No concessions shall be awarded in case of a threat to the national security

and defense of the country, to the life and health of individuals, to the environment, to protected

areas, areas and objects and to public order, and in other cases specified by law.

Art. 25. (1) The concessions for underground resources are provided and performed

subject to compliance with the provisions and pursuant to the Underground Natural Resources

Act.

(2) The concessions for the extraction of mineral water are granted and performed

subject to compliance with the provisions and pursuant to the Act on Waters.

Art. 26. This act shall not apply to awarding of works or services in the cases

specified in Appendix No. 4.

Section VII.

Concession financial and economic aspects

Art. 27. (1) For each works or services concession the value of the concession shall

be determined. The value of the concession includes the total turnover of the concessionaire for

the duration of the concession exclusive of the value added tax (VAT), obtained as income from

exploitation of the work or services.

(2) At the time of opening of the procedure for nomination of a concessionaire of

the value of the concession shall be determined by the grantor as an estimated value.

Art. 28. (1) The estimated value of the works and services construction shall include

the value of the following possible estimated concessionaire’s revenues:

1. revenues from the exploitation of the work or of the services included in the

object of the concession;

2. revenue from every possible option and any extension of the concession or other

amendment of the concession agreement;

3. the revenue from fees and fines paid by the users of the works or services other

than those intended to be collected for the grantor;

4. payments or any financial advantage granted in any form to the concessionaire

by the grantor, including compensation for the performance of the obligation in connection with

a public service and subsidies;


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5. grants or any other financial advantages granted in any form by other parties for

the implementation of the concession;

6. the revenue from the sale of assets that are part of the object of the concession;

7. all deliveries and services provided by the grantor to the concessionaire, where

these are necessary for the execution of works or the provision of services.

(2) Where the works or services included in the object of the concession can be

awarded in the form of lots, the estimated value of the concession shall include the value of all

the lots.

(3) Where separate lots are awarded through separate procedures for each of these

the requirements for concessions with cross-border interest shall apply, if the total estimated

value of the lots is equal to or greater than the European threshold.

Art. 29. (1) The estimated value of the works or services concession is calculated

on the basis of an objective method in accordance with the Ordinance under art. 35, referred to

in the concession documentation.

(2) The method of calculation of the estimated value of the concession should not

aims to circumvent this act by determining the concession as a concession without cross-border

interest.

(3) Where in the course of the procedure for nomination of a concessionaire the

original estimated value increased by more than 20 percent, the value of the concession is the

estimated value as of the date of nomination of the concessionaire. Where the estimated value

of the concession is greater than or equal to the European threshold, the procedure for the

nomination of a concessionaire shall be terminated if it is conducted in accordance with the

requirements for a concession without cross-border interest.

Art. 30. (1) For a works or services concession economic balance of the concession

shall be maintained, which represents a balance between the benefits for the concessionaire and

the in consideration of the risks undertaken thereby.

(2) The economic balance of the concession determined by the contract is

maintained throughout the entire period of the concession.

Art. 31. (1) The operating risk in the works and services concession is always borne

by the concessionaire and is assumed to be undertaken, where under normal operating

conditions the return on investments and of the costs of the exploitation of the works or of the

services– subject of the concession is not guaranteed by the concession.

(2) The operating risk undertaken by the concessionaire arises from factors beyond

the control of the parties to the concession agreement, and poses a risk of exposure to market

fluctuations of the demand and/or supply of the object of the concession and/or services. The

risks associated with mismanagement, breach of contractual obligations by the economic

operator as well as force majeure shall not be considered as operating risk.

(3) A demand-associated risk is the probability of occurrence of events, facts or

circumstances which may have adverse impact on the market demand of the object of the

concession, of the services provided or other business activities preformed.

(4) A supply-associated risk is the probability that the object of the concession, the

services offered or other business activities preformed do not comply with the market

requirements. The supply-associated risk includes the risk to availability of provided services.

The availability risk is the probability of the occurrence of an event, a fact or circumstance that

may affect the provision of the service in a form, scope, quality and time of execution, which

correspond to the provisions of the concession agreement.


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(5) In the case of works concession together with the operating risk the

concessionaire undertakes also the construction risk. The construction risk is the probability of

the occurrence of events, facts or circumstances which may affect the value or the time of

execution of the works.

(6) All other risks in the case of works and services are shared between the

concessionaire and the grantor by the concession agreement depending on the capabilities of

each of the parties to better assess, control and manage the respective risk. The risks that the

parties relatively equally can evaluate, control and manage, are shared between them as shared

risks.

(7) In the case of a concession for use all risks shall be borne by the concessionaire,

except for the risk of total loss of the object of the concession.

Art. 32. (1) The revenue of the concessionaire from the exploitation of the works

or services are accumulated from payments from the users, from customers and the grantor or

the grantor only.

(2) Payments from the grantor may be estimated in the following cases:

1. where no direct payments by customers or other persons are payable for the

services provided by the concessionaire, or if such payments are payable – it is not provided

for the concessionaire to get them;

2. where the objective is to achieve socially acceptable cost of services provided by

the concessionaire;

3. in the case of regulated by the state prices of services provided by the

concessionaire.

(3) In the case of public works concession payment by the grantor shall become

due after the commissioning of the object of the concession and shall be made only for the time

when the object or the services provided have been available.

(4) In the case of services concession payment by the grantor shall be made only

for the time when the services have been available.

(5) The terms and conditions under which the payment is made by the grantor

cannot release the concessionaire from the risks undertaken thereby for the entire duration of

the concession.

Art. 33. (1) In certain cases determined by this act, the concessionaire shall pay the

grantor a concessionary fee.

(2) In the case of concession for use, as well as in the case of services concession

where the object of the concession is a state or municipal property, a concession fee is always

payable.

(3) In the case of public works concession fee is due where the object of the

concession includes the existing building, which is a state or municipal property.

(4) The amount of the due payment of a concession fee is determined by the grantor

on a by case basis depending on:

1. the fair distribution of economic and financial benefit from the concession

between the grantor and the concessionaire;

2. the achievement of socially acceptable cost of services provided by the object of

the concession.

Art. 34. (1) Any concession is granted for a specified period, which may not be

longer than 35 years for the work concession and for service concession facilities and more than

25 years for a concession for use, unless otherwise provided in a special act. The term of the


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concession may be extended whereas the total duration of all extensions, regardless of the

reason thereof may not be longer than one third of the specific term set in the concession

agreement.

(2) The notice of initiation of a procedure for nomination of a concessionaire,

hereinafter referred to as a "concession notice" should contain information about the duration

of the concession, which is the maximum. The concession notice should also indicate the

estimated total duration of all eligible extensions where such are provided with a review clause.

(3) The specific duration of a work or service concession may not be longer than

the time necessary to the concessionaire for the return on investments and the cost of

exploitation of the work or of the services and for getting of income from the invested capital,

taking into account the estimated economic balance and the cost of the services to be provided.

The specific period of the concession for use shall comply with the type and technical and/or

technological, and/or resource characteristics of the object of the concession and the

accessories, and with the time necessary to the concessionaire for the implementation of the

investment program for the maintenance of the facility fully operational.

Art. 35. The requirements for determining the financial and economic parameters

of the concession shall be determined by an Ordinance adopted by the Council of Ministers.

Chapter two.

STRAREGIC DEVELOPMENT AND PLANNING OF CONCESSIONS.

MONITORING, MANAGEMENT AND CONTROL

Art. 36. The authorities who have the functions of strategic development, planning,

monitoring, management and control in the field of concessions, are:

1. the Council of Ministers;

2. the Coordinating Council for the concessions, hereinafter referred to as the

"Coordinating Council";

3. the Ministers according to their sector competence;

4. the Minister of finance;

5. the municipal councils;

6. the municipality mayors;

7. the Directorate of the specialized administration of the Council of Ministers,

appointed by a Prime Minister’s order, hereinafter referred to as "the specialised Directorate of

the CMA ";

8. the Agency for privatisation and post-privatisation control (APPPC);

9. the Audit Office;

10. the Public Financial Inspection Agency (PFIA);

11. the Commission for protection of competition (CPC).

Art. 37. The Council of Ministers shall determine the state concessions policy, by:

1. approving a National strategy for concessions development and an action plan

for the state concessions and their amendments and supplementations upon a proposal of the

Coordination Council;

2. approving prior to their issue the decisions of Ministers for the opening and

termination of procedures for nomination of a concessionaire and amendment or refusal of

amendment and termination of the concession agreements for state concessions and joint

concessions with state and municipal participation;


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3. approving the annual reports of the Ministers on the implementation of the

projects included in the action plan and of the concession agreements for state concessions and

for joint concessions with state and municipal participation;

4. approving the work plan of APPPC for that year, upon a proposal of the

Executive Director of the Agency;

5. fixing by a decision the governmental fees that are collected and/or received for

the benefit of a concessionaire of a state concession and of a joint concession with state and

municipal participation as well as the terms and conditions and the procedure for the collection

of these fees.

Art. 38. (1) The Coordinating Council:

1. adopts and through its Chairman proposes to the Council of Ministers to approve

the National strategy for the development of concessions, the action plan for state concessions,

as well as amendments and supplementations thereof;

2. coordinates activities for the implementation of the action plan for state

concessions;

3. discusses and issues guidance for removal of systematic problems relating to the

award of concessions and to the execution or termination of concession agreements;

4. assigns to the APPPC to carry out non-scheduled inspections of certain

concession agreements;

5. adopts an annual report on the status of concessions on the basis of approved by

the Council of Ministers annual reports of grantors and the summarized information about

concession agreements provided by the APPPC.

(2) The Coordinating council is composed of a Chairman - Deputy Prime Minister,

and of members: Deputy Ministers, the Executive Director of APPPC, the Chair of the Audit

Office, the Director of SFIA, the Director of the specialised Directorate of the CMA and the

Executive Director of the National Association of municipalities.

(3) The list of names of members of the Coordinating council shall be determined

by an order of the Prime Minister.

(4) The Coordinating council shall adopt rules of procedure for their organization

and activities. The rules shall set the terms and conditions and the procedure of involving

experts to support the work of the council.

Art. 39. (1) The Ministers implement the state concessions policy in accordance

with their sector competence, by exercising their powers of a grantor, as well as:

1. in accordance with their sectoral policy, they make suggestions to the

Coordinating council on the National strategy, as well as for the inclusion, exclusion and

modification of projects in the action plan for state concessions;

2. carry out monitoring and control of concession agreements concluded thereby;

3. prepare and submit for approval to the Council of Ministers annual reports on

the implementation of the projects included in the action plan for state concessions, which are

within their respective areas of responsibility, and the concession agreements concluded

thereby;

4. make proposals to the Coordinating council for the adoption of guidelines on

resolving issued within their competence that are related to the award of concessions and to the

execution or termination of concession agreements.

(2) The Minister of finance implements the state policy on the effective and

efficient spending of public funds for the planning and implementation of concessions, by:


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1. giving written guidance on financial and economic parameters of the concession

for carrying out the preparatory work and for the implementation of concession agreements;

2. making proposals to the Coordinating council for the adoption of guidelines on

the financial and economic parameters of the concessions;

3. approving on an annual basis a chart of accounts for financing the state

concessions expenses;

4. carrying out a preliminary assessment regarding compliance of fiscal rules and

restrictions under the Act on Public Finances of state concession projects with payments from

the grantors before their inclusion in the action plan for state concessions, under terms and

conditions and in accordance with a procedure determined by the Ordinance under art. 35;

5. expressing an opinion on the financial and economic parameters of the projects

for state and municipal concessions with payments from the grantors before the opening of the

respective procedure for nomination of a concessionaire;

6. may send an observer to attend commissions meetings for the conduction of the

procedure for nomination of a concessionaire, without voting right.

(3) Grantors are required to provide to the Minister of finance, in conjunction with

his/her powers under para. 2, the required information related to the preparation and

implementation of procedures for nomination of a concessionaire, as well as with the

implementation of concession agreements.

(4) The Minister of finance may be assisted for the activities referred to in par. 2,

items 4 and 5 by the Bulgarian Development Bank.

Art. 40. (1) The policy for municipal concessions is determined by the respective

Municipal council, which shall adopt by a decision an action plan for municipal concessions,

and is implemented by the municipality mayor.

(2) The Municipal council:

1. endorses municipality Mayor’s decisions prior to their issue for the opening and

termination of procedures for nomination of a concessionaire and amending or refusal of

amendment and termination of concession agreements, regardless of the type of the concession;

2. approves the annual reports of the municipality Mayor on the implementation of

the projects included in the action plan for municipal concessions and of concession

agreements;

3. determines, by a decision, what local fees laid down by law, and prices of

services are collected and/or received in favour of a concessionaire of a municipal concession

and of a joint concession with state and municipal participation as well as the terms and

conditions and procedures for the collection of these fees.

(3) the municipality Mayor fulfils the powers of a grantor, as well as:

1. makes suggestions to the Coordinating council regarding the National

concessions development strategy;

2. makes suggestions to the municipal council for the inclusion, exclusion and

modification of concession projects in the municipal concessions action plan;

3. carries out monitoring and control of concession agreements concluded thereby;

4. prepares and submits for approval to the municipal council annual reports on the

implementation of the concession projects included in the action plan and on concession

agreements concluded thereby;

5. makes suggestions to the Coordinating council for the adoption of guidelines on

issues related to the awarding of concessions and to the execution or termination of the

concession agreements;

6. publishes in the National concession registry the action plan for municipal

concessions.



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Art. 41. The specialised Directorate of CMA:

1. fulfills the functions of a secretariat of the Coordinating council, and supports

them with expertise and technically;

2. monitors the implementation of the requirements for the award of concessions,

which includes monitoring, analysis and assessment regarding the existence of systematic

problems, and publicly discloses the results of the monitoring, and at the request of the

European Commission- prepares and sends a monitoring report;

3. informs the European Commission on an annual basis about the decisions and

the rulings of the CPC and of the Supreme Administrative Court as referred to in Chapter Seven;

4. on the basis of monitoring, summarizes the general practice and issues general

guidelines for the implementation of the requirements for the award of concessions;

5. carries out preliminary control for the compliance with the requirements for the

award of concessions, by:

a) expressing an opinion on the draft decisions for initiation of a procedure for

nomination of a concessionaire, for a notice of initiation of the procedure and the concession

documentation;

b) may send an observer attended the sessions of the commissions for the conduct

of the procedure for nomination of a concessionaire without a voting right;

c) issuing an opinion on the draft decisions for addressing or acceptance of a

proposal for amendment of the concession agreement prior to their approval by the Council of

Ministers, respectively, by the municipal council;

6. informs the competent state authorities of the established in the course of the

carried out monitoring and preliminary control non-compliance with the requirements for the

award of concessions;

7. collects from the grantors and summarizes the information regarding the

monitoring and control over the execution of the concession agreements;

8. on the basis of the collected and summarized information and of the grantors’

annual reports, draws up an annual report on the concessions status and submits it for

consideration to the Coordinating council;

9. issues methodological guidelines - general and upon grantors’ request, and

publicly provides information and guidance on the application of this act, for which no fees are

collectable;

10. develops draft regulations in the field of concessions;

11. maintains the National concession registry;

12. publishes in the National concession registry, the National strategy for the

development of concessions and the state concessions action plan.

Art. 42. (1) The Agency for privatisation and post-privatisation control performs an

independent external control over the implementation of certain concession agreements.

(2) APPPC control includes scheduled inspections, which are carried out according

to an approved by the Council of Ministers work plan for the respective year, as well as non-

scheduled inspections, assigned by the Coordinating council.

(3) The results of the carried out control for each concession agreement, the

Executive Director of APPPC shall draw up a report, which shall be given to the grantor and to

the Minister of finance. Within 30 days of the service the grantor shall present the report to the

Coordinating council with a schedule of fulfillment of the recommendations.

(4) The Executive Director of APPPC shall draw up annually summarized

information about concession agreements over which the APPPC was commissioned to carry

out control. The information shall be submitted to the Coordinating council with a proposal for


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the adoption of guidelines for resolving of systematic problems relating to the execution or

termination of concession agreements.

(5) In the course of the independent external control APPPC is assisted by the

Ministry of finance.

(6) Under a proposal of a Minister, the Council of Ministers by a decision may

entrust APPPC performance of actions for the award of state concessions and for the

implementation and termination of the concession agreement for this concession. By its

decision, the Council of Ministers may lay down requirements for the performance of the

assigned actions and conditions for the implementation of the concession, which are mandatory

for the APPPC.

Art. 43. (1) The Audit office and the bodies of SFIA carries out subsequent external

control over the implementation of this act within the scope of their powers.

(2) The Commission for protection of competition carries out control for the

legitimacy of the decisions and the acts and omission of the grantors in the procedures for

nomination of a concessionaire in case of filed complaints pursuant to the provisions of Chapter

Six.

Art. 44. The procedure for the implementation of the monitoring, management and

control, including the scope of the control, carried out by the APPPC, shall be determined by

an Ordinance adopted by the Council of Ministers.

Art. 45. (1) The national strategy for the development of concessions contains

general and specific objectives and key priorities for the award of concessions in the country.

(2) The action plan for state concessions, accordingly, the action plan for municipal

concessions shall be drawn up for each program period and shall contain the estimated:

1. works and services to be awarded through concessions, as well as objects that

will be available for use through concession;

2. maximum duration of concessions, including the time limits for the performance

of assigned works;

3. public funds for payments by the grantor by amounts and sources of funding,

including from the European structural and investment funds;

4. concession fees.

(3) Joint concessions with state and municipal participation are included in the

action plant for state concessions and in the action plan for municipal concessions.

(4) The content of the action plans referred to in para. 2 is determined by the years

and may be amended and supplemented on an ongoing basis.

(5) (in force from 02.12.2018) No procedure for nomination of a concessionaire

can be opened, which is not included in the action plan for state concessions, respectively in

the action plan for municipal concessions.

(6) The procedure for drawing up the plans referred to in para. 2 shall be determined

by the Ordinance under art. 35.

Art. 46. (1) The specific budget resources necessary for payments under concluded

concession agreements are included in the State budget act of the Republic of Bulgaria in the

course of the budget procedure for the reference year, respectively in the municipal budget for

the reference year.

(2) By the decision for the adoption of the municipal budget for the relevant year,

the municipal council shall specify:


Page 16 of 90

1. the amount of the payments under projects towards the end of the financial year,

including the residual amount of the liabilities under the concluded concession agreements;

2. the total amount of payments from the municipal budget to concessionaires for

the respective year under all concluded concession agreements;

3. the maximum amount of the payments which the municipality can take as a

liability under new concessions projects during the year included in the action plan for

municipal concessions in accordance with the requirements of the law.

Art. 47. The conclusion and implementation of a concession agreement may not

violate the parameters and limitations laid down in the Act on Public Finances, for each year of

the implementation of the concession agreement.

Art. 48. (1) A condition for issuance of a decision to open the procedure for

nomination of a concessionaire for a municipal concession, having as their object the provision

of a service as an activity delegated by the state, is also an expressed favourable opinion by the

competent national authority in the field of activity delegated by the state.

(2) The coordination with the competent national authority under para. 1 takes place

during the budget procedure following the applicable procedure thereof.

(3) For projects under par. 1 payments made by the grantor to the concessionaire

from the general subsidy for activities delegated by the state are within the funds approved by

the State budget act of the Republic of Bulgaria for the year concerned, on the basis of the

determined single spending standard for the funding of the particular activity.

Chapter three.

CONCESSION AWARD

Section I.

General provisions. Types of procedures

Art. 49. (1) The principles of art. 4, par. 1 shall be complied with at every stage of

the award of concessions.

(2) For the organization and carrying out of the procedure for nomination of a

concessionaire the grantor shall:

1. take the necessary measures to combat fraud, granting of privileges and

corruption, and for effective prevention, detection and elimination of conflict of interests;

2. arrange the publication of notices, of concession documentation and of other

documents and information provided for in this act;

3. ensure competitive conditions through non-providing information in a way that

gives undue advantage or disadvantage to certain economic operators or certain works, services

or related to works or services supplies.

(3) In the course of the procedure for nomination of a concessionaire the grantor

does not have the right to provide to the economic operator information, which could put them

in a more favourable position relative to others, neither to disclose to the other economic

operators information provided by a particular economic operator without their consent, except

in the cases specified by this act.

Art. 50. (1) The grantor shall make public through announcements certain actions

under this act for the award and implementation of the concession. The notices shall be drawn


Page 17 of 90

up in the form of an electronic document. According to the action they announce, notices are

for:

1. initiation of the procedure;

2. amendment of the notice of initiation of the procedure and/or concession

documentation, hereinafter referred to as "amendment notice";

3. awarded concession;

4. amendment of an awarded concession.

(2) The notice of concessions with cross-border interests shall be filled in an

electronic standard form approved by an act of the European Commission.

(3) The notice of concessions without cross-border interest shall be filled in an

electronic standard form, posted on the website of the National concession registry.

Art. 51. (1) Awarding of a concession involves carrying out preparatory actions,

conducting a procedure for nomination of a concessionaire and the conclusion of a concession

agreement.

(2) The procedure for nomination of a concessionaire shall be opened by a decision

of the grantor, carried out by a commission appointed by the grantor and is finalized by a

decision of the grantor for nomination of the concessionaire.

Art. 52. (1) The procedures for nomination of a concessionaire for concessions with

cross-border interests are an open procedure, competitive procedure and competitive dialogue.

(2) For concessions without cross-border interest nomination of a concessionaire

shall be made through an open procedure.

(3) In the case of concessions for social and other specific services the grantor may

determine a procedure for nomination of a concessionaire other than those referred to in par. 1,

notwithstanding whether the concession is with or without cross-border interest. In this case,

the grantor shall comply with the principles of art. 4, par. 1, shall arrange publication of the

notices provided for these concessions and announces in advance the procedure for the

conducting of the procedure.

Art. 53. (1) The open procedure takes place in a single stage in which the economic

operator submits an application and at the same time an offer. The open procedure does not

include negotiation.

(2) The competition with negotiation is a stage procedure where:

1. the economic operator submits an application and is subject to shortlisting, to

receive an invitation for the submission of a preliminary offer;

2. applicants having received an invitation shall submit a preliminary offer and

negotiate for improvement of offers;

3. following the invitation the applicants having participated in negotiations submit

an offer.

(3) Competitive dialogue is a stage procedure where:

1. the economic operator submits an application and a preliminary offer and is

subject to shortlisting, to receive an invitation to participate in the dialogue;

2. applicants having received an invitation, participate in a dialogue to clarify one

or more solutions to needs which must be met by the award of the concession;

3. following the invitation the applicants having participated in the dialogue submit

an offer.


Page 18 of 90

Art. 54. (1) For concessions with cross-border interests the grantor determines the

type of procedure in accordance with para. 2 - 4.

(2) An open procedure for concessions with cross-border interests takes place

where the grantor has determined appropriate conditions for the implementation of the

concession, financial and economic parameters and a legal structure and for the nomination of

a concessionaire the application of the criteria for the award only is sufficient, without

negotiations needed.

(3) A competitive procedure takes place where the grantor has specified technical,

functional or quality requirements, but it is possible through negotiation to optimize the quality,

financial and economic parameters, terms, social, environmental or innovative solutions, or

advantages for consumers, as well as the legal structure.

(4) A competitive dialogue takes place where regarding the works and/or services

included in the object of the concession with cross-border interests, there is a need for the

satisfaction of which more than one solution is feasible concerning the technical, functional or

quality requirements, financial and economic model or the legal structure, and where there are

opportunities to include innovations.

Section II.

Preparatory actions

Art. 55. The award of the concession shall be initiated ex officio by the grantor or

upon a proposal of the economic operator.

Art. 56. (1) The proposal of the economic operator to award a concession contains

the description of the subject and the object of the concession, justification and financial and

economic analysis.

(2) Where the concession involves the award of works, an investment proposal shall

be attached to the proposal referred to in par. 1, which contains an investment feasibility study

or terms of reference for the elaboration of an investment project, a basic engineering design or

another phase of an investment project, which defines also the anticipated technical and

functional characteristics and technical and economic parameters of works.

(3) The Grantor shall study the proposal under para. 1 and if they consider it is

appropriate, they shall carry out actions for the inclusion of the project in the relevant action

plan.

(4) The investment proposal may be used by the grantor for drawing up technical

and functional requirements.

(5) Where the grantor has used all or part of the investment proposal, the economic

operator having submitted it, if they are not selected as a concessionaire, is entitled to

remuneration. The amount of remuneration shall be determined by the grantor by a

methodology determined by the ordinance under art. 35, and is payable within one year of the

publication in the National concession registry of the notice of initiation of the procedure.

(6) The proposal referred to in par. 1 does not generate for the economic operator

any other rights or privileges, except the right under par. 5.

Art. 57. (1) The grantor shall ensure carrying out preparatory actions in order to

identify possible solutions to the needs that must be met, to justify the award of the concession

agreement and to determine the appropriate procedure. During the preparatory actions the


Page 19 of 90

available information and documents shall be collected, summarized and analyzed. Preparatory

actions shall be carried out by a team of experts appointed by the grantor by an order.

(2) According to the object and the complexity of the concession during the

preparatory actions technical, financial and economic, legal and other analyses can be drawn

up.

(3) In the case of a work concession technical analysis can be replaced with an

investment proposal, which contains an investment feasibility study, terms of reference for the

elaboration of an investment project, basic engineering design or another phase of the

investment project.

(4) Where a provision is made for the concession with payment from the grantor,

to substantiate the applicable financial and economic parameters of the concession financial

and economic analysis must be issued. In these cases, the financial and economic analysis is

sent for an opinion to the Minister of finance. The minimum requirements for the financial and

economic analysis and the procedure for its agreeing shall be determined by the Ordinance

under art. 35.

Art. 58. (1) As a result of the preparatory actions justification shall be drawn up

concerning the legitimacy and appropriateness of the concession, hereinafter referred to as

"concession justification", and also drafts of a notice of initiation of the procedure and of

concession documentation.

(2) The concession justification substantiates the legitimacy and appropriateness of

the concession and of the decision to open the procedure and determines:

1. the subject matter and the object of the concession and, where applicable, also

the concession area and/or accessories to the object of the concession;

2. the requirements for preliminary offers and/or the offers, hereinafter referred to

as "minimum requirements for the offers";

3. estimated financial and economic parameters of the concession, including the

maximum duration of the concession;

4. estimated legal structures;

5. possibility of obtaining financial support in the form of grants to finance the

concession-related expenses through the European structural and investment funds.

(3) The justification of the concession shall be sent by the grantor of the Ministry

of defence, Ministry of Interior, the Ministry of environment and waters, Ministry of culture

and the State Agency for national security. Within 14 days of the receipt of justification the

head of office concerned shall express an opinion within the scope of their competence

concerning the presence or absence of danger for the national security and defense of the

country, for the life and health of individuals, the environment, for protected areas, zones and

objects and for public order. In case of a danger, the opinion contains recommendations on the

legitimacy scope concerning the elimination of the danger, where applicable. Where the

authority fails to issue an opinion within the time limit set, it shall be deemed that there is no

danger. Where an opinion is expressed as to the existence of danger, the prohibition under art.

24 applies, unless the issued recommendations have been fulfilled.

(4) In the cases referred to in para. 2, item 5 the concession justification shall be

agreed upon with the relevant managing authority.

Section III.

Terms and conditions for awarding of concession

Art. 59. A concession is awarded when the following terms and conditions are met:


Page 20 of 90

1. there are no grounds for disqualification of the applicant and of the

subcontractors and third parties nominated thereby;

2. the applicant meets the terms and conditions and is eligible to participate in the

procedure, hereinafter referred to as "eligibility";

3. the applicant’s offer meets the minimum requirements to the offers;

4. the grantor has applied the awarding criteria.

Art. 60. (1) Where there are grounds for disqualification, the applicant or participant

shall be removed from the procedure for nomination of a concessionaire.

(2) The grounds for disqualification are:

1. an enforced judgement with which the applicant or participant, or a member of

their managing or supervisory body, or a person who has the authority to represent, to take

decisions or exercise control within those bodies, is convicted of a crime under art. 108a, art.

159a-159d, art. 192a, art. 212, para. 3, art. 248a, art. 253, art. 253a, art. 254b, art. 301-302a, art.

304 – 305a, art. 307, art. 321 and art. 321a of the Penal Code, or an enforced judgement or other

judicial act for a similar crime in another European Union Member State or a third country;

2. an enforced judicial or administrative act establishing that the applicant or

participant has not fulfilled obligations relating to the payment of taxes or compulsory

contributions within the meaning of art. 162, para. 2, item 1 of the Tax-insurance procedure

code and the interest thereon chargeable in the Republic of Bulgaria, or similar liabilities under

the legislation of the country in which the applicant or participant is based;

3. an enforced judicial or administrative act, by which the applicant or participant

is not allowed to participate in procedures for the award of public contracts or concessions under

the legislation of the state in which they are based, or in another European Union Member State;

4. an enforced judicial or administrative act establishing that the applicant or

participant:

a) is guilty of grave professional misconduct, or

b) has not fulfilled obligations in the field of environmental, social and labour law,

established by national laws, European Union law, collective agreements or with international

conventions in the social field and in the field of the environment according to Appendix No. 5

or

c) has concluded an agreement with one or more other economic operators thus

violating the competition rules;

5. committed by the applicant or participant essential non-fulfillment of an

obligation under a concession agreement or a public procurement contract, which resulted in

termination of the respective contract;

6. registration of the applicant or participant or of related persons thereof in a

jurisdiction with a preferential tax regime within the meaning of § 1, item 64 of the Additional

provisions of the Corporate Income Taxation Act;

7. declared bankruptcy or liquidation, or initiated insolvency proceedings for the

applicant or participant, or a similar procedure under the legislation of the state in which they

are based.

(3) Valid grounds for disqualification is also any of the following circumstances,

established by the grantor in the course of the procedure for nomination of a concessionaire and

substantiated by proper evidence:

1. existing conflict of interest, which cannot be dealt with by disqualifying the

person for whom there is a conflict of interest;

2. an attempt of the applicant or participant to exert unlawful influence on the

decision-making process of the grantor, to obtain confidential information that can give them

undue advantage in the procedure for nomination of a concessionaire, or to submit incorrect,


Page 21 of 90

incomplete or misleading information that may affect decisions about disqualification from the

procedure for nomination of a concessionaire, about selection or about nomination of a

concessionaire;

3. failure by the applicant or by the participant to provide information necessary to

verify the absence of grounds for disqualification or compliance with the requirements

regarding the professional or technical skills, and/or to the financial and economic situation set

by the grantor;

4. the applicant or participant does not possess the necessary reliability, excluding

security risks for the Republic of Bulgaria - for concessions with classified information;

5. failure of an applicant or participant to submit the necessary documents to verify

the information referred to in item 4.

(4) The grounds for disqualification under para. 2 shall not apply where:

1. in the cases referred to in item 1, the applicant or participant is rehabilitated, as

well as when 5 years have expired or until the completion of the procedure for nomination of a

concessionaire will have expired from the serving of the penalty imposed and the applicant or

participant has submitted evidence that they have paid the benefits payable for damages

resulting from the offence;

2. in the cases referred to in item 2:

a) 5 years have passed or until the finalization of the procedure for nomination of a

concessionaire will have expired from the entry into force of the relevant act and the applicant

or participant have provided evidence that they have fulfilled the obligations, including accrued

interest or fines, or

b) the term referred to in sub-item "a" has not expired, but the applicant or

participant have provided evidence that:

aa) they have fulfilled their obligations, by having paid, or that deferred or

rescheduled payment has been allowed or securing of debts, including the accrued interest or

fines, or

bb) they are notified of the exact amount of liabilities due as a result of the

infringement, at a time when they were not able to take the measure referred to in sub-item "a"

before the expiry of the deadline for the submission of the application;

3. in the cases referred to in item 3 the period for which the disqualification was

imposed has expired;

4. in the cases referred to in item 4, sub-items "a" and "c" and item 5, three years

have passed or until the finalization of the procedure for nomination of a concessionaire will

have expired from the entry into force of the relevant act under item 4, respectively, from the

termination of the contract or the imposition of a penalty under item 5, and the applicant or

participant have provided evidence that they have paid the compensations due, including any

damage resulting from the respective violation;

5. in the cases referred to in item 4, sub-item "b", the applicant or participant have

provided evidence that they have fulfilled their obligation or that until the finalization of the

procedure for nomination of a concessionaire three years will have expired from the entry into

force of the act, by which the non-compliance is established, as well as evidence that they have

paid the compensations due, including any damage resulting from the non-fulfillment;

6. in the case referred to in item 6, the applicant or participant has provided evidence

that there is any of the circumstances under art. 4 of the Act on the Economic and Financial

Relations with Companies Registered In Preferential Tax Regime Jurisdictions, the Persons

Related With the Controlled Thereby Persons and Their Beneficial Owners.

Art. 61. (1) The terms and conditions for participation are requirements to the

economic operators in accordance with para. 2 - 6 that are necessary for the implementation of


Page 22 of 90

the concession agreement and are indicated in the concession notice. The terms and conditions

for participation apply also to subcontractors, unless this act provides otherwise.

(2) The applicant or participant must be registered in the relevant professional or

trade register, where this requirement is defined by law as a condition for the implementation

of an activity or service included in the subject-matter of the concession.

(3) An applicant or participant must hold a special permit or be a member of a

certain organization, where the legislation of the state in which they are based, puts such a

requirement as a condition for the implementation of a service or business activity, included in

the subject-matter of the concession.

(4) Where a concession is defined by the grantor as a reserved concession, the

requirement for at least 70 percent of the employees of the applicant or participant to be people

with disabilities or disadvantaged people is a condition for participation and shall apply to the

applicant, participant, respectively, to each of the members of the group where a group of

economic operators participates in the procedure for nomination of a concessionaire.

(5) For concessions with classified information the grantor defines as a condition

for participation requirements for the protection of classified information, which must be met

by the applicant or participant, respectively by each of the members of the group where a group

of economic operators participates in the procedure for nomination of a concessionaire. The

requirements shall be determined in accordance with the Protection of Classified Information

Act.

Art. 62. (1) The grantor defines as terms and conditions for participation and one

or more requirements to the professional or the technical abilities of the economic operators

and/or to their financial and economic situation.

(2) The requirements under par. 1 must:

1. comply with the subject matter and the specifics of the concession;

2. provide real competition.

(3) The requirements under par. 1 can not be set as terms and conditions for

participation of subcontractors.

(4) The requirements under par.1, the minimum levels concerning compliance

therewith and the substantiating documents thereof shall be described in the concession

documentation and shall be mentioned in the concession notice.

Art. 63. (1) An applicant or participant may prove the compliance with the

requirements laid down by the grantor regarding the professional or technical ability and/or the

financial and economic situation of the economic operators with the capability of one or more

persons, hereinafter referred to as "third parties", regardless of the legal relationship therewith.

The grounds for disqualification shall apply to third parties.

(2) In the case referred to in para. 1 the applicant or participant shall submit

documents proving that concerning third parties there is no reason for disqualification, and that

for the performance of the concession agreement they will have at their disposal the resources

of the third parties.

(3) The third person with the abilities of which the financial and economic situation

is being proven, shall be jointly and severally responsible with the concessionaire for the


Art. 64. (1) As a condition for participation the grantor also determines the

requirements subject to which a license can be issued or registration can be made for the


Page 23 of 90

provision of a service or for carrying out business activity included in the scope of the

concession, regardless of the type of concession.

(2) The conditions referred to in par. 1 only apply to a subcontractor, who will carry

out the respective service or business activity.

Art. 65. (1) The minimum requirements to offers form the mandatory specifications

and minimum parameters of the subject matter and the object of the concession.

(2) For a work concession and service concession the minimum requirements for

the offers are technical and functional requirements, financial and economic requirements and

legal requirements, including regarding the protection of competition, regarding the object of

the concession and the works and/or services included in the subject matter of the concession.

(3) For a concession for use the minimum requirements to offers are technical and

functional requirements, financial and economic requirements and legal requirements to the

object of the concession and to the carried out therewith business activity, including regarding

the concession fee and investment program.

Art. 66. (1) The technical and functional requirements must:

1. be related to the subject matter and the object of the concession and be

proportionate to its estimated value and objectives;

2. ensure equal access for applicants or participants to the procedure for nomination

of a concessionaire and not generate unjustifiable difficulties for the awarding of the concession

in a competitive environment;

3. not contain a specific model, source or a specific process that characterizes the

works or services offered by a particular economic operator, nor a commercial or manufacturing

mark or marks of origin, patent, type, or specific origin or production, which would benefit or

disqualify certain persons or products.

(2) The requirement under par. 1, item 3 shall not apply where it is not possible to

describe works or services in a sufficiently precise and understandable way, without using any

of the listed parameters. The use of the parameters may not lead to disqualification or to

favouring certain products or economic operators. Every parameter must be followed by the

words "or equivalent".

(3) The technical and functional requirements determine the characteristics and the

parameters of the object of the concession and of works and services included in the subject

matter of the work concession and of the service concession.

(4) The technical and functional requirements relating to the works included in the

subject matter of the concession include:

1. spatial characteristics and parameters of the development of the concession area

and minimum technical, functional and technological characteristics and parameters of the

works - subject to the concession;

2. the specific requirements for the construction, which shall ensure compliance of

the construction with the provided by the grantor purpose of use, functionality and workability

for the duration of the concession;

3. the specific requirements to the construction, which ensure the provision through

it of the services designated by the grantor in a scope, terms and conditions of their provision

and quality level for the duration of the concession;

4. applicable to the object of the concession requirements of art. 169 and 169a of

the Spatial Development Act.

(5) The technical and functional requirements relating to the services included in

the subject matter of the concession include:


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1. the characteristics of the service in terms of the scope, terms and conditions and

procedure for the provision, quality level and performance level against the requirements for

the protection of the life and health of individuals, the environment of the protected areas, zones

and objects and of the public order for each phase of the provision of services;

2. the applicable assessment procedures of the conformity of provided services with

the specified by the grantor quality requirements and availability of services.

Art. 67. Financial and economic requirements are determined by the grantor on the

basis of estimated financial and economic parameters of the concession.

Art. 68. (1) As award criteria the grantor sets objective requirements related to the

subject matter and the object of the concession, the assessment of which makes it possible to

determine the most economically advantageous offer with the best quality-price ratio.

(2) The award criteria must be consistent with the principles of art. 4, par. 1 and

ensure that offers are assessed in a competitive environment.

(3) The award criteria may include functional, technical and technological

parameters and characteristics, quality level, requirements or measures that are related to

specific works or services or with the performance of the concession agreement. The award

criteria may relate to factors that are not only economic, but affect the value of the offer from

grantor’s point of view and enable them to determine the total economic and/or social benefit

from the award of the concession with the best quality-price ratio.

Art. 69. (1) The amount of the payments made by the grantor, when any, are always

defined as an award criterion.

(2) As award criteria can be defined:

1. requirements related to the subject matter of the concession, such as:

a) quality of works and/or the management and maintenance of the object of the

concession;

b) the quality of services provided;

c) lowest price of works;

d) lowest price of services provided;

e) technical advantages, including technical equipment and material and technical

resources;

f) functional characteristics and/or specifications of the works and/or services;

g) date of completion of works;

h) duration of the provision of services with a minimum quality level specified by

the grantor;

2. measures in excess to those defined by regulatory documents for the protection

of the environment, where such are required;

3. social criteria;

4. energy efficiency;

5. innovations-related criteria;

6. amount of concession fee, where such remuneration is provided;

7. a specific duration of the concession and/or total allowable extensions provided

with a review clause;

8. other, depending on specifics of the concession.


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Art. 70. (1) The grantor defines the award criteria according to their relevance in

descending order. In the same sequence the grantor describes the award criteria in the

concession documentation and shall indicate in the concession notice.

(2) In case of an open procedure the grantor sets also the relative weight of the

award criteria.

(3) In case of a competitive procedure and the case of a competitive dialogue the

relative weight of the award criteria is determined by the calls for tenders.

Section IV.

Decision and a notice of initiation of a concessionaire nomination procedure.

Concession documentation

Art. 71. (1) The procedure for nomination of a concessionaire shall be opened by a

decision of the grantor, hereinafter referred to as a "decision for opening a concession

procedure" after approval by the Council of Ministers, respectively, by the municipal council.

(2) The procedure for nomination of a concessionaire for a concession, which

provides the possibility of receiving financial support in the form of grants from the EU

structural and investment funds, shall be opened after a favourable opinion on the justification

of the concession by the relevant managing authority.

(3) The bodies referred to in para. 1 shall approve the decision after consideration

of its legitimacy and appropriateness, justified by the rationale of the concession. The

authorities referred to in para. 1 shall not approve the decision, where it is established that any

of the recommendations contained in the opinion referred to in art. 58, para. 3 is not executed,

and where applicable, there is no favourable opinion under par. 2.

Art. 72. (1) By the decision to open a procedure a notice of initiation of the

procedure and the concession documentation are approved.

(2) Depending on the subject matter and the value of the concession the notice of

initiation of a procedure is in the form of:

1. a concession notice – for concessions with cross-border interests, with the

exception of concessions for social and other specific services;

2. a prior information notice - for concessions with cross-border interests for social

and other specific services;

3. national notices - for concessions without cross-border interest.

Art. 73. (1) The concession notice shall be with minimum content set out in

Appendix 6.

(2) As conditions for the implementation of a concession in all procedures for

nomination of a concessionaire the concession notice shall include:

1. the circumstances of factual or legal nature, the occurrence or modification of

which may cause economic balance disturbances – where such are foreseen;

2. the applicable obligations in the field of environmental, social and employment

law, laid down in national law, European Union law, collective bargaining agreements or by

international conventions in the social field and in the field of environmental protection as per

Appendix No. 5;

3. obligations relating to the national security and defense of the country, to the life

and health of citizens, to the environment, to protected areas, zones and objects and to the public

order, and the public order, where applicable;


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4. the obligations for insurance of the object of the concession, where applicable;

5. the estimated cost of the basic services included in the subject matter of the

concession.

(3) The fact that the concession is reserved shall be indicated in the concession

notice or in the prior information notice.

(4) In case of an opened procedure, the concession notice shall include also:

1. the conditions for the implementation of the concession, defined depending on

the subject matter and the object, on the specifics of the concession and the type and

characteristics of the services provided;

2. the minimum requirements to offers.

(5) In case of competitive procedure and in the case of a competitive dialogue, the

concession notice shall specify the objectives of the grantor and the needs that must be satisfied

by the implementation of the concession.

Art. 74. (1) Where the grantor has set a requirement for the award of the concession

agreement with a public-private company as a condition for the implementation of the

concession the following shall be specified, too:

1. the share of the public and the private partner in the capital of the public-private

company;

2. the type and the amount of contributions with which the public and the private

partner are participating in the capital;

3. the non-monetary contribution, with which the public partner participates in the

capital, where such is provided;

4. the terms and conditions for financing of company activities;

5. the notification procedure of the public partner in the event of a change of control

of the private partner and the consequences of that change.

(2) The conditions for the implementation of the concession under para. 1 shall be

indicated in the concession notice.

Art. 75. (1) The preliminary information notice shall be with a minimum content

set out in Appendix No. 7.

(2) The national notice shall be with a minimum content set out in Appendix No.

8.

Art. 76. (1) After the issue of the decision to open a procedure a person nominated

by the grantor shall send electronically via electronic means the concession notice, respectively

the preliminary information notice for publication to the European Union for publication in the

Official journal of the European Union, and the national notice for publication on the website

of the State Gazette, hereinafter referred to as "publishing".

(2) After the completion of the measures referred to in para. 1 the official nominated

by the grantor shall open an account of the procedure in the National concession registry and

shall publish under the account the decision to open a procedure, the concession notice, the

concession documentation and the rationale of the concession.

(3) The concession notice shall be published in the National concession registry in

the form in which it is sent to the Publications Office of the European Union, accordingly to

the State Gazette. The publication of the concession notice and of the preliminary information

notice shall be made upon receipt from the Publications Office of the European Union of the

notice for publication in the Official journal of the European Union. Publication in the National

concession registry can be made also before receipt of the notice for publication in the Official

http://eur-lex.europa.eu/homepage.html

http://dv.parliament.bg/DVWeb/index.faces



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journal of the European Union, where, within 48 hours after a received acknowledgement of

receipt of the notice by the Publication Office of the European Union it is not published.

Art. 77. (1) The concession notice and the concession documentation can be

amended in the cases referred to in art. 79, para. 4, art. 81, para. 2 and art. 94, para. 1.

(2) The amendments shall be made by an amendment notice, which shall be

published subject to compliance with the terms and conditions and following the procedure of

art. 76, para. 1 and 3.

(3) Where the amendments refer to the subject matter of the concession and the

terms and conditions for the award of the concession under art. 59, the grantor shall terminate

the procedure.

Art. 78. (1) The concession documentation depending on the subject matter of the

concession and the type of the procedure for nomination of a concessionaire shall contain:

1. a description of the subject matter and the object of the concession;

2. documents certifying the ownership and/or individualize the object of the

concession, where applicable;

3. a description of the works and/or services included in the subject matter of the

concession, including for each lot, where applicable;

4. a detailed description of the terms and conditions of implementation of the

concession;

5. minimum requirements to offers;

6. the minimum requirements which various offers must meet, and the manner of

their presentation, where applicable;

7. terms and conditions for participation;

8. the award criteria and offers evaluation methodology;

9. description of procedure organisation and scheduled date for its finalization;

10. the documents certifying the absence of grounds for disqualification before

signing the concession agreement;

11. standard forms of the application, the offer (proposal and binding proposal) –

for an open procedure and for a competitive procedure with negotiations, as well as of a

preliminary offer – a competitive procedure with negotiations and for a competitive dialogue;

12. a draft of the concession agreement;

13. clauses to be reviewed, where applicable;

14. the date and time of the receipt of applications or offers and the date and time

for the opening of offers for an open procedure;

15. other requirements depending on the subject matter of the concession.

(2) Where a provision is made for a concession with payment from the grantor, the

financial and economic analysis under art. 57, al. 4 shall be attached to the concession

documentation. In the case of works concession the investment proposal under art. 57, par. 3-

shall be attached o the concession documentation - when such has been drawn up.

(3) In the case of a competitive dialogue the requirements under par. 1, items 3-5,

item 8 regarding the methodology for the evaluation of offers and item 12 shall not apply. In

this case, the grantor shall include in the concession documentation a description of the needs

which must be satisfied with the award of the concession, and where possible the grantor shall

determine the basic technical, functional and quality characteristics of works and/or services

included in the subject matter of the concession.

(4) For a negotiated procedure with a call for competition and in the case of a

competitive dialogue, the concession documentation shall specify also:


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1. the number of applicants who in a negotiated procedure with a call for

competition will be called to submit a preliminary offer, respectively, which in case of a

competitive dialogue will be called to participate in the dialogue;

2. objective and non-discriminatory selection criteria;

3. the manner in which the selection criteria shall be applied.

(5) For concessions with classified information, the concession documentation shall

specify the requirements for the protection of classified information applicable to the

conducting of the procedure for nomination of a concessionaire and to the implementation of

the concession agreement.

(6) In case of publication of concession documentation in the National concession

registry the information protected by law shall be deleted as well as any commercial information

or other information that due to the extraordinary security or technical reasons, or due to its

sensitive nature requires a special level of protection, hereinafter referred to as "sensitive

information", indicating the grounds thereof. In these cases:

1. the presence of protected by law information or sensitive information shall be

indicated in the concession notice;

2. the published documentation shall specify the terms and conditions and the

procedure by which economic operators may have access to the deleted information.

Art. 79. (1) Every person may request clarification or additional information on the

procedures for carrying out the procedure for nomination of a concessionaire, the criteria for

the award of the concession or the concession documentation.

(2) The request for clarification or additional information shall be filed within 14

days before the expiry of the deadline for the receipt of applications or offers.

(3) Within 4 working days of receipt of the request, and not later than 6 days prior

to the expiry of the deadline for the receipt of applications or offers, an official nominated by

the grantor shall publish in the procedure account in the National concession registry any

clarifications or additional information provided by the Commission conducting the procedure

for nomination of a concessionaire.

(4) Where the explanations or additional information cause changes in the

concession notice and/or in the concession documentation, the Commission carrying out the

procedure for nomination of a concessioner shall offer, and the grantor by a decision shall

approve an amendment notice and the relevant amendments of concession documentation,

where applicable.

(5) The amendment notice shall set out a new deadline for the receipt of

applications or offers, which shall be by minimum 7 days longer than the deadline set out in the

concession notice.

Section V.

Commission conducting the procedure for nomination of a concessionaire

Art. 80. (1) The procedure for the determination of a concessionaire is organized

by the grantor and conducted by the Commission conducting the procedure for nomination of

the concessionaire appointed thereby, hereinafter referred to as "the Commission".

(2) The Commission shall be appointed within three working days of the issue of

the decision to open the procedure.

(3) The Commission shall consist of an odd number of members who are not less

than five, including a Chairman and a Vice-Chairman. More than half of the members of the

Committee must have professional competence, relating to activities on the subject of the


Page 29 of 90

concession, or professional experience in the award of concessions. At least one of the members

of the Commission must be a legal professional.

(4) The Commission shall adopt its decisions by a majority of more than half of its

members.

(5) A member of the Commission may not be a person:

1. who is in a conflict of interest;

2. which is a related person with:

a) an applicant or a participant in the procedure and, where the applicant or

participant is a legal entity – also with a member of its managing or supervisory body, or

b) a nominated subcontractor or a third party.

(6) The members of the Commission are obliged within three days of:

1. the receipt of the order on the appointment of the Commission to submit a

declaration of absence of conflict of interest;

2. becoming aware of the fact that a related person thereof is participating in the

procedure, to submit a request to be dismissed from the Commission.

(7) Where conflict of interest is established, upon request for dismissal, as well as

in other cases where, for objective reasons, a Member of the Commission is unable to perform

their duties, the grantor, shall appoint a new Member of the Commission.

(8) The members of the Commission shall get paid remuneration subject to the

restrictions laid down in the Labour code and the Civil Servants Act, and subject to the terms

and conditions of the Public Procurement Act.

Art. 81. (1) The Commission shall:

1. adopt rules for their functioning;

2. prepare and submit to the nominated by the grantor official the requested

clarification and additional information to be published in the file of the procedure in the

National concession registry;

3. propose to the grantor to remove illegitimacy in the notice of initiation of the

procedure and/or in the concession documentation;

4. carry out the admission of applicants or participants;

5. carry out the selection in the competition with negotiation procedure and in the

competitive dialogue;

6. conduct the dialogue in the competitive dialogue procedure;

7. conduct negotiations in competition with negotiation;

8. propose to the grantor to extend the time limit for the receipt of applications, the

preliminary offers or the offers, where within the time limit set for their receipt, there is no

application received, respectively, offer;

9. review, admit and evaluate the offers and rank the participants and proposes the

winning participant to be nominated as a concessionaire;

10. draw up a draft decision on the nomination of a concessionaire or a draft

decision for termination of the procedure for nomination of a concessionaire, hereinafter

referred to as "a decision to terminate the procedure";

11. carry other actions laid down in this act.

(2) In the cases referred to in para. 1, item 3 by a decision the grantor shall approve

a notice of amendment and the relevant amendments of the concession documentation, if this

is the case, and shall set a new deadline for the receipt of applications or offers subject to

compliance with the provision of art. 79, para. 5.

(3) The decisions of the Commission shall be justified. The Commission's actions

and decisions with the reasons thereof shall be recorded in the Protocol. Where a member of


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the Commission is against an adopted decision, they shall sign the protocol with reservation

and shall state their reasons thereto.

(4) The provided in this Act notification of applicants or participants is carried out

by the Commission electronically, through electronic means, including e-mail.

Art. 82. (1) By the order appointing the Committee the grantor shall nominate one

or more officials who to assist the Commission technically and to exchange information with

economic operators, applicants or participants, as well as one or more consultants to assist the

Commission with expertise, and a person with access to the National concession registry to

open and maintain the file of the procedure.

(2) As consultants shall be nominated officials or external experts – natural persons

or legal entities who have professional competence relating to the activities included in the

object of the concession, or professional experience in the award of concessions. The

consultants shall assist the Commission against remuneration subject to the restrictions laid

down in the Labour code and the Civil Servants Act, and subject to the terms and conditions of

the Public Procurement Act.

(3) The requirements of art. 80, par. 5 and 6 shall apply to officials and consultants.

Section VI.

Exchange of information in the procedure for nomination of a concessionaire

Art. 83. (1) The exchange of information by the grantor and the Commission with

economic operators in the course of the procedure for nomination of a concessionaire shall be

done by one or more of the following means:

1. electronic means, including e-mail;

2. the postal service;

3. service against a signature to verify the date, time, and the person to whom

delivery is made.

(2) The means of exchange of information, defined by the grantor, shall be indicated

in the notice of initiation.

Art. 84. (1) For the exchange of information by electronic means, the grantor

provides an electronic communication system. The electronic communication system must be

generally available and interoperable with the widely used products of information and

communication technologies, and does not restrict the access of economic operators to the

procedure for the nomination of a concessionaire.

(2) The electronic system referred to in par. 1 provides protection of the integrity

of data and the confidentiality of information and of the applications and offers.

(3) The electronic system referred to in par. 1 must provide:

1. access only to authorized persons to the system and the documents transmitted

there through;

2. an electronic signature or transmission of documents through the system;

3. identification by an established method of persons authorized to have access to

the system;

4. provision of information to individuals who have had access to data and

information, and the time of access;

5. precise determination of the date and time of the electronic transaction;


Page 31 of 90

6. impossibility to open certain data and information, as well as the applications

and offers before the strictly fixed date and time;

7. maintenance of the integrity of documents;

8. maintenance of confidentiality of documents;

9. protection of personal data.

(4) The data sent or received through the electronic system referred to in par. 1, are

subject to the legal presumption of data integrity and accuracy of the date and time of sending

or receiving of data indicated by the system.

(5) A document that is sent through the electronic system referred to in par, 1 or is

received as an electronic document signed with an electronic signature is considered to be

equivalent to a a hard copy of the document and as original copy, it shall be acceptable as

evidence in proceedings before the CPC and in court proceedings and is subject to the legal

presumption of its authenticity and integrity, provided that it does not contain any dynamic

components that can automatically change it.

Section VII.

Applications and offers

Art. 85. To participate in a procedure for nomination of a concessionaire economic

operators shall submit:

1. in open procedures – an application and an offer;

2. in a competitive procedure with negotiations – an application, and upon receiving

of a call – a preliminary offer and an offer;

3. in the case of a competitive dialogue - an application and a preliminary offer, and

upon receipt of a call – an offer.

Art. 86. (1) The application shall contain:

1. information on the procedure for nomination of a concessionaire and about the

grantor;

2. information about the applicant or participant regarding:

a) the name, respectively the identity of the applicant or participant, contact details

including email address;

b) form of participation - independently or in a group of economic operators;

c) persons who represent the applicant or participant pursuant to the register in

which they are registered, if any; where the economic operator is not registered in a registry -

persons who represent them in accordance with an equivalent document;

d) subcontractors nominated at the date of submission of the application and

information about and the name, respectively, the identity, contact details, including email

address, and the persons who represent each nominated subcontractor according to the register

in which they are registered, if any;

e) the third parties;

3. the method of execution of the concession agreement:

a) for participation as a group of economic operators - indication of the operator,

who represents the group, or of the lead partner, as well as the share of the concession and the

types of activities within the scope of the concession to be performed by each partner;

b) when using subcontractors - indication of the share of the concession and the

types of activities within the scope of the concession, to be performed by subcontractors;

4. declaration of absence of grounds for disqualification concerning the applicant

or participant, as well as the nominated subcontractors and third parties;


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5. declaration of compliance with the terms and conditions for participation by the

applicant or participant, including the indicated subcontractors, where applicable.

(2) the documents with which the applicant or participant proves the compliance

with the requirements for professional or technical capabilities and/or for financial and

economic situation shall be attached to the application. Where the applicant or participant has

indicated that they prove the compliance with the requirements for professional or technical

capabilities and/or for financial and economic situation with the capabilities of third parties,

they shall attach to the application also evidence that they will have got the resources of the

third parties at their disposal for the whole duration of the concession.

Art. 87. (1) The preliminary offer in a competitive procedure with negotiations shall

include:

1. specific proposals on the award criteria;

2. justification of the proposals by the award criteria;

3. financial and economic model, including cash flow analysis of the concession,

where such is required by the concession documentation;

4. proof of feasibility of the proposals by the award criteria;

5. suggestions on the draft concession agreement;

6. other proposals, developments and information in pursuance of the terms and

conditions laid down in the concession documentation.

(2) For a competitive dialogue, the preliminary offer shall contain proposals on

possible solutions to the needs that must be met by the concession.

Art. 88. (1) The offer consists of a proposal and a binding proposal.

(2) The proposal shall contain:

1. specific proposals on the award criteria;

2. justification of the proposals under item 1;

3. financial and economic model, including cash flow analysis of the concession

and a specific duration of the concession, which may not be longer than the maximum term

specified in the notice of initiation;

4. proof of feasibility of the proposals made on the award criteria;

5. the names and professional qualifications of persons who will be responsible for

the implementation of the concession agreement, where it is specified as a requirement for

concessions with cross-border interest, in addition to the concessions for social and other

specific services;

6. other proposals, development and information in compliance with the

requirements set out in the concession documentation;

7. a proposal for the establishment of a project company, where applicable;

8. statement on the period of validity of the offer;

9. declaration of the origin of the funds in accordance with the Act on Measures

against Money Laundering.

(3) The binding proposal shall contain a summary of the specific proposals on the

award criteria.

(4) Where the notice of initiation of the procedure does not limit the possibility for

presentation of different scenarios of the offer, the applicant shall submit a proposal and a

binding proposal for every proposed option.

(5) In case of discrepancies between the proposal and the binding proposal, the

offer shall be evaluated based on the binding proposal.


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(6) The proposal may specify the confidentiality of certain information. Proposals

on the award criteria cannot be classified as confidential information.

Art. 89. (1) The application, the preliminary offer, the proposal and the binding

proposal shall be drawn up in standard forms contained in the concession documentation.

(2) The application, the preliminary offer, the proposal and the binding proposal

shall be submitted on an electronic data storage device in the form of an electronic document

signed with the electronic signature of the person who represents the economic operator.

(3) The binding proposal shall be submitted on a hard copy.

(4) The electronic data storage device under para. 2 shall include also an electronic

image of the documents used by the economic operator to substantiate the alleged facts and

circumstances thereof. The electronic image shall be captured with a scanning device in a form

and a method, allowing their reading out. The full and exact match of the captured electronic

image with the captured document is authenticated with an electronic signature.

(5) The electronic image of a binding proposal shall be included on the electronic

data storage carried, which contains the proposal.

Art. 90. (1) The content of applications, preliminary offers and offers shall be in

the language specified in the notice of initiation.

(2) When the notice gives the opportunity of using a foreign language, the

applications and offers shall be submitted also translated into Bulgarian language.

(3) The documents to be included on the electronic data storage device under art.

89, para. 2, shall be in the language of their issue and translated into Bulgarian language. In

case of discrepancy between the texts, the credible version shall be the one translated into

Bulgarian language, unless otherwise provided in the documentation.

Art. 91. The applications and offers shall be submitted to the address indicated in

the notice of initiation, through the means of communication referred to in art. 83, para. 1, 2 or

3.

Art. 92. (1) The electronic data storage devices, which contain the application, the

preliminary offer and the proposal, as well as the hard copy with the binding proposal shall be

inserted in separate sealed non-transparent envelopes which are then labelled accordingly with

indication of:

1. the content-"Application", "Preliminary offer", "Proposal", "Binding proposal";

2. the title of the concession;

3. name, respectively identification, address and email address of the applicant or

the participant.

(2) For an open procedure the application and the offer shall be submitted in one

single envelope marked with "Application and offer" and the information referred to in para. 1,

2 and 3. The single envelope shall contain envelopes with the application, the proposal and the

binding proposal.

(3) For a competitive procedure with negotiations the requirements of para. 2 for a

single envelope shall apply for the submission of offers, where the proposal and the binding

proposal shall be inserted therein.

(4) For a competitive dialogue the requirements of para. 2 for a single envelope

shall apply to the filing of the application, where the application and preliminary offer shall be

inserted therein.


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Art. 93. (1) The deadlines for the receipt of applications, preliminary offers and

offers shall be fixed by the grantor, taking into account:

1. the complexity and volume of the concession documentation;

2. the need for part of the concession documentation to be reviewed on-site because

of the existence of grounds for limiting public access thereto, as provided for in the notice;

3. the time required for drawing up the applications and the offers;

4. the need for an on-site review of the object of the concession and, where

applicable – also of the concession territory and/or the accessories included in the object.

(2) The deadline for the receipt of applications for a competitive procedure with

negotiations, an application and a preliminary offer in a competitive dialogue, as well as the

applications and offers in an open procedure shall be determined by the notice of initiation and

shall start elapsing from the date of sending for publication under art. 76, para. 1 of this notice,

and may not be less than 30 days. For concessions without cross-border interest the term may

not be less than 25 days.

(3) The deadline for the receipt of preliminary offers in a competitive procedure

with negotiations shall be fixed in the call for submission of preliminary offers and may not be

less than 22 days.

(4) The deadline for the receipt of tenders in a competitive procedure with

negotiations and a competitive dialogue shall start elapsing from the date of receipt of a call for

submission of offers and may not be less than 10 days.

(5) Where in the published in the National concession registry concession

documentation there is deleted information, protected by law or sensitive information, as and

where the applications, preliminary offers or offers can be drawn up only after visiting the

object of the concession or the concession territory, the minimum time limits under para. 2 - 4

are no less than 40 days, respectively less than 32 days and 22 days.

Art. 94. (1) Any economic operator or applicant may request an extension of the

deadline for the receipt of applications, preliminary offers or offers, where:

1. the requested clarifications or additional information are not provided within the

term specified by the grantor, or

2. the supplementary information requested or a part thereof is protected by law or

is sensitive information, or

3. drawing up the preliminary offer or the offer requires an on-site inspection of the

object of the concession and, where applicable, also of the concession territory and/or of the

included in the object of the concession accessories, but such opportunity has not been provided

to all participants.

(2) In the cases referred to in para. 1 the grantor shall extend the deadline for the

receipt of applications, preliminary offers or offers. Where the initial period is fixed by the

notice of initiation, the official nominated by grantor shall published an amendment notice. In

other cases, applicants or participants shall be informed through the means for information

exchange, indicated to in the notice of initiation.

(3) A new deadline shall be fixed by the amendment notice subject to compliance

with the provision of art. 79, para. 5.

Art. 95. (1) The applications, preliminary offers and offers shall be received by the

specified date and time through the indicated in the notice means of exchange of information.

(2) Where at the specified expiry time in the place of receipt there are one or more

applicants or participants, they are included in a list, which shall be signed by a nominated


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officer by the grantor and by the persons present. The official accepts envelopes with

applications, preliminary offers or offers of all applicants or participants, included in the list.

(3) The official shall mark each envelope with a relevant order number, the date

and time of receipt, shall reference the applications, preliminary offers or offers in a reference

register in the order of their receipt and shall issue to the bearer a receipt with the reference

number in the register.

(4) The official shall not accept an application, a preliminary offer or an offer,

where:

1. they are submitted after the time limit, except in the cases referred to in para. (2);

2. they are submitted in a non-sealed or non-intact envelope;

3. the envelope is not inscribed in accordance with the requirements of art. 92, para.

1 and 2.

(5) The reference register contains the following information about the

applications, preliminary offers or offers:

1. registration number in order of receipt;

2. details of the applicant or participant;

3. the date and time of receipt;

4. method of receipt - through the postal service or hand delivery against signature;

5. the existence of a circumstance referred to in par. 4

6. remarks on the provided particulars, including circumstances under para. 2.

Section VIII.

Commission actions in case of an open procedure

Art. 96. (1) After the expiry of the time limit for the receipt of applications and

offers set out in the notice of initiation, the Commission in a closed session shall open the

applications received before the deadline and carry out actions on the admission of applicants.

(2) The admission of an applicant to participate in the procedure for nomination of

a concessionaire shall be made after verification by the Commission of:

1. the existence of grounds for disqualification of the participant and of the

nominated in the application subcontractors and third parties, and

2. compliance with the terms and conditions for participation by the applicant and,

where applicable – by the nominated subcontractors indicated in the application.

Art. 97. (1) Where the Commission identifies irregularity in the application

involving non-submission of documents, non-compliance with the terms conditions for

participation or other irregularity and/or incompleteness, including factual error, the

Commission shall inform the participant thereof.

(2) The participant shall repair the irregularities within 5 working days of their

notification thereof.

(3) Where the irregularity consists of non-compliance with the terms and conditions

for participation, the participant may, in accordance with the grantor’s requirements, replace

submitted documents or submit new ones instead, which they believe would meet the terms and

conditions for participation.

Art. 98. (1) Where from the notification of the irregularity under art. 97, para. 1

until the specified in the concession documentation period for opening of offers there are less

than 8 working days remaining, the Commission shall fix a new date for the opening of offers.


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The Commission shall extend the deadline for the opening of offers also when it considers that

it is necessary to verify the declared particulars in the applications.

(2) The Commission shall notify all participants of the extension of the deadline for

the opening of offers.

Art. 99. (1) The Commission shall finalize the admission of participants by issuing

a justified decision by which it shall:

1. remove from participation in the procedure for nomination of a concessionaire

participants, for whom or for a nominated thereby subcontractor there are grounds for

disqualification or who do not comply with the terms and conditions for participation;

2. allow consideration of the offers of participants who are not disqualified.

(2) The Commission shall draw up a protocol of the opening of applications, as

well as of the acts related to the admission of participants.

(3) The Commission decision to disqualify a participant shall be notified on the day

of opening of the offers and shall not be subject to individual appeal.

Art. 100. (1) On the day and at the time of opening of offers, the Commission shall

hold an open session which may be attended by participants or their representatives and other

persons.

(2) In the open meeting, the Commission shall communicate the decision by which

they have closed their activity for the admission of participants, and shall open the envelopes

with binding proposals of the admitted for consideration offers following the reference number

of offers in the reference register.

(3) The opened binding proposals are read out by a member of the Commission,

and shall be signed on each page by a member of the Commission and by participants having

expressed a wish to do so or their representatives.

Art. 101. (1) Opening of proposals, consideration and evaluation of the offers and

the ranking of participants is carried out in one or more closed meetings of the Commission.

(2) During the consideration and evaluation of offers, the Commission shall check

for the conformity of:

1. the proposal and the binding proposal with the requirements of art. 88 and with

the requirements laid down in the concession documentation, and

2. the proposals on the award criteria and the financial and economic model with

the award criteria.

(3) For consideration of the offers, the Commission may verify the declared

particulars by the participants and the correctness or authenticity of the documents attached,

including by inquiring with the competent authorities or other persons.

(4) The Commission shall, if necessary, require from participants within such

period as it may specify, which may not be less than three working days, to:

1. provide clarifications concerning the presented developments and information or

concerning the documents attached to the offer, or

2. submit additional evidence regarding the particulars stated in the offer, or

3. repair possible technical irregularities in the proposal under art. 88, para. 2.

(5) The clarifications cannot change the proposals contained in the binding proposal

under art. 88, para. 3.

Art. 102. (1) The Commission shall not advance to evaluation an offer of a

participant, who within the time limit fixed by the Commission under art. 101, para. 4 failed to:


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1. repair any technical irregularities in its proposal under art. 88, para. 2, or

2. provide the requested by the Commission clarifications or the provided

clarifications are not sufficient for the evaluation of the offer, or

3. present additional evidence requested by the Commission.

(2) The Commission shall not evaluate an offer:

1. for which upon an inspection it has been found that the participant has submitted

false information or a false, forged or a document containing incorrect information;

2. that does not meet one or more of the requirements specified in the concession

documentation;

3. in which the presented developments and details do not match the award criteria;

4. which has been submitted in violation of the requirements of art. 92, para. 3 and

4.

(3) Where participant’s offer is submitted in different scenarios, the grounds

referred to in par. 1 and 2 shall apply to each of the proposed options.

(4) The Commission shall adopt a decision which determined the offers, including

different scenarios of offers, which are not to be evaluated.

(5) The decision referred to in par. 4 shall be communicated to the participants

concerned with the decision of the grantor for the nomination of a concessionaire, for

termination of the procedure respectively, and it shall not be subject to individual appeal.

Art. 103. (1) The Commission shall evaluate the advances offers by the award

criteria through the application of the methodology for offers evaluation, by assessing the

participants’ proposals contained in a binding proposal.

(2) On the basis of the assessment of advanced tenders the Commission shall rank

the participants by a decision.

(3) Where one or more offers contain scenarios, that have been advanced to

evaluation, the Commission shall carry out a preliminary assessment of each of the scenarios

and shall rank the participants with the scenario of the offer, ranked the highest score.

(4) Until the finalization of the procedure, the Commission shall officially monitor

for the existence of grounds for disqualification. When it identifies existing or newly occurring

grounds for disqualification, the Commission shall not evaluate the offer and shall remove the

participant from the procedure for nomination of a concessionaire.

Art. 104. (1) After the ranking of participants, the Commission shall draw up a

protocol of the opening and reading of binding proposals, of the consideration and evaluation

of offers and of the ranking of participants.

(2) On the basis of the protocol of par. 1 the Commission shall prepare a draft

decision for nomination of the first ranked participant as a concessionaire or a daft decision to

terminate the procedure.

(3) The Commission shall draw up a draft decision to terminate the procedure,

where no offers have been submitted or not a single participant has qualified, as well as where

the circumstance under art. 102, para. 1-3 is present regarding all offers.

Section IX.

Commission actions in case of a competitive procedure with negotiations


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Art. 105. (1) Upon expiration of the time limit for the receipt of applications laid

down in the notice of initiation, the Commission opens the applications and performs actions

on admission under the terms and conditions and by the procedure of art. 96 and 97.

(2) Where by the concession documentation the grantor has restricted the number

of applicants who will continue their participation in the procedure for nomination of a

concessionaire, and the shortlisted applicants are more than the specified number, at the time

of admission the Commission shall carry out also selection of the shortlisted applicants.

(3) The selection is assessment of professional and technical abilities and/or of the

economic and financial situation of the applicants and shall be carried out in the manner and

based on the selection criteria referred to in the concession documentation.

(4) As a result of the selection, the Commission shall rank the applicants and shall

close their activity for admission and selection by a justified decision.

Art. 106. (1) By the decision on the closing of the admission and selection in the

competitive procedure with negotiations the Commission shall:

1. withdraw from participation in the procedure for nomination of a concessionaire

an applicant, for whom or for a subcontractor nominated thereby or a third person there are

grounds for disqualification, who does not meet the terms and conditions for participation or

during the selection they are rated at a place which does not allow them to continue their

participation in the proceeding;

2. shortlist the applicants allowed to continue their participation in the procedure

for nomination of a concessionaire;

3. approve a call for submission of preliminary offers.

(2) The call for submission of preliminary offers shall indicate a deadline for the

receipt of preliminary offers, as well as guidelines and a time schedule of negotiation.

(3) The time limit for the receipt of preliminary offers may not be less than 22 days.

(4) For determination of the time schedule under para. 2 the Commission shall fix

the same duration of negotiations for all applicants.

Art. 107. (1) The Commission shall draw up a protocol of the opening of

applications, as well as on the actions and adopted decisions on admission and selection of

applicants.

(2) The Commission shall notify all applicants of the closing of the admission and

selection. The Protocol under par. 1 shall be attached to the notification. Applicants who have

been shortlisted to continue participating in the procedure, shall be sent a call for submission of

preliminary offers.

(3) An applicant who is withdrawn from participation during the admission and

selection, may within 10 days of notification appeal the Commission's decision for

disqualification in accordance with Chapter Six.

Art. 108. (1) The preliminary offer must meet the requirements set out in the

documentation for the concession.

(2) Preliminary offer shall be submitted by invited applicants and shall be received

subject to compliance with terms and the conditions and by the procedure of art. 95.

Art. 109. (1) After the expiry of the term fixed in the call for submission of

preliminary offers, the Commission in a closed session shall open the received preliminary

offers. Where a decision for disqualification is contested and there is a filed request for a

suspension of the procedure, the Commission shall open the preliminary offers after the entry


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into force of the judgment, rejecting the request for suspension of the proceedings. Where the

procedure is suspended, the Commission shall open the preliminary offers after the entry into

force of the decision on the appeal.

(2) Preliminary offers shall be reviewed by the Commission for compliance with

the requirements set out in the concession documentation.

(3) The Commission by a justified decision shall withdraw the applicants whose

preliminary offers do not meet one or more of the requirements specified in the concession

documentation . The Commission shall inform the withdrawn applicant of the decision.

(4) An applicant who is withdrawn from participation during the review of the

preliminary offers, may within 10 days of notification appeal the decision of the Commission

under para. 3 in accordance with Chapter Six.

Art. 110. (1) The Commission shall conduct the negotiations following the time

schedule set out in the call for submission of preliminary offers.

(2) Negotiations shall be carried out with each applicant on the possibilities for

improvement of the proposals on the award criteria and on the draft concession agreement.

Applicants may offer improvements to their proposals.

(3) The Commission shall inform the applicants about the proposals of the other

applicants and about subsequent changes as a result of the negotiation, if any. In the notification,

the Commission shall not disclose what proposal is associated with what applicant is, as well

as any information identified as confidential.

(4) After any notification of changes in the proposals, the Commission may conduct

a new round of negotiations. When the last round of negotiations is determined, the Commission

shall notify all applicants thereof.

(5) The Commission may not negotiate changes of the subject matter of the

concession, the minimum requirements to the offer and the award criteria.

(6) The Commission shall draw up a protocol of the carried out actions in the

negotiations.

Art. 111. (1) After the completion of negotiations the Commission shall set a time

limit for the receipt of offers, subject to the requirement of art. 93, para. 4 and shall notify

applicants.

(2) After notification of applicants under para. 1 the competition with negotiations

continues, under the conditions and by the procedure of art. 101-104

Section X.

Commission actions in case of competitive dialogue

Art. 112. (1) After the expiry of the time limit for the receipt of applications and

preliminary offers, determined by the notice of initiation, the Commission shall open the

applications and carry out actions for admission under the terms and conditions and by the

procedure of art. 96 and 97, and where applicable, also actions for selection under the conditions

and by the procedure of art. 105, para. 2-4.

(2) The Commission shall close the activity for the admission and selection of

applicants in a competitive dialogue by a justified decision, by which it shall:

1. withdraw from participation in the procedure for nomination of a concessionaire

an applicant, for whom or for a subcontractor nominated thereby or a third person there are

grounds for disqualification, who does not meet the terms and conditions for participation or


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during the selection they are rated at a place which does not allow them to continue their

participation in the proceeding;

2. shortlist the applicants allowed to continue their participation in the procedure.

(3) The Commission shall draw up a protocol for the opening of applications, as

well as on the carried out actions and adopted decisions on admission and selection of

applicants.

(4) The Commission shall notify all applicants of the closing of the admission and

selection. The protocol under par. 3 shall be attached to the notification.

(5) The applicant who has been withdrawn from participation during the admission

and selection, may within 10 days of notification appeal the Commission's decision for

withdrawal in accordance with Chapter Six.

Art. 113. (1) The Commission in a closed session shall open preliminary offers of

the shortlisted applicants and review the proposals contained therein.

(2) The Commission may request from the shortlisted applicants to provide

clarifications or make additions on the proposals contained in the preliminary offers.

Art. 114. (1) On the basis of proposals, and where such are provided – also on the

basis of clarifications and additions, the Commission shall hold a dialogue with the shortlisted

applicants.

(2) In the dialogue possible solutions for meeting the needs referred to in the

concession documentation shall be discussed concerning the technical and functional

requirements, financial and economic requirements and/or legal requirements, including the

legal structures and the draft concession agreement.

(3) The dialogue shall be conducted in successive stages in order to reduce the

number of possible solutions to the needs which must be met by the award of the concession.

After the completion of each stage of the dialogue, the Commission shall inform all applicants

about the proposals of the other participants, without disclosing which proposal is associated

with what participant and information identified as confidential.

(4) The Commission shall draw up a protocol of the carried out actions in the

dialogue.

.

Art. 115. (1) Where the Commission considers that possible solutions to the needs

are clarified, the Commission shall prepare a draft decision supplementing the concession

documentation. The supplemented concession documentation includes:

1. a description of the subject and the object of the concession in accordance with

the results of the carried out dialogue;

2. the requirements of art. 78, para. 1, item 3 - 5, item 8 on the methodology for the

offers assessment and item 12;

3. a standard form of the offer (proposal and binding proposal).

(2) The Grantor shall issue a decision on supplementing the concession

documentation and notify applicants of its decision. The decision is subject to appeal within 10

days of notification in accordance with Chapter Six.

(3) After the supplementation of the concession the Commission shall draw up a

call for submission of offers, which shall indicate the time-limit for the receipt of offers and the

date and time for the opening of the offers received.

(4) The call for submission of offers and the supplemented documentation shall be

forwarded by the Commission to all shortlisted applicants.


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(5) After sending the call the procedure of competitive dialogue shall continue

subject to compliance with the terms and conditions and by the procedure of art. 101-104.

Section XI.

Finalization and ion of the procedure of nomination of a concessionaire

Art. 116. (1) The procedure for nomination of a concessionaire shall be finalized

with a justified decision for nomination of a concessionaire, which shall be issued by the

grantor. The applicant ranked first shall be nominated as a concessionaire.

(2) The decision for nomination of a concessionaire shall specify the technical and

functional requirements, financial and economic requirements and the legal requirements in

accordance with the offer of the applicant nominated as a concessionaire, and shall fix a time

limit for the conclusion of the concession agreement.

(3) Where the Commission finds a breach or omission in the Commission's work,

which can be repaired, the grantor shall instructs the Commission to remedy the irregularity,

and thereafter to carry out a new ranking.

Art. 117. (1) The Grantor shall issue a justified decision for termination of the

procedure when:

1. no application has been filed, a preliminary offer or an offer or no single applicant

or participant has been shortlisted;

2. the content of none of the offers meets the requirements laid down in the

concession documentation;

3. it appears unnecessary to conduct the procedure as a result of circumstances not

foreseen at the time of adoption of the decision for the opening of the procedure;

4. violations are established at the time of opening and during the conduction of the

procedure, which cannot be repaired without changes to the terms and conditions for the award

of the concession under art. 59;

5. the nominated as a concessionaire participant in the second ranked participant

successively refuse to conclude the concession agreement;

6. when a condition has been set out to improve the proposals on the award criteria

the second ranked participant does not agree on the improvement.

(2) The Grantor shall issue a decision to terminate the procedure and when the

estimated value of the concession at the initiation of the proceeding was under the threshold,

and the procedure is carried out in accordance with the requirements of a concession without

cross-border interest, but with the financial and economic model, proposed by the offer of the

first ranked participant, the value has increased by more than 20 per cent and has exceeded the

European threshold. The Grantor shall terminate the procedure also when during its conduct

the price of the basic service included in the subject of the concession has increased by more

than 20 percent of the estimated value of the service referred to in the notice of concession.

(3) The decision on the termination of the procedure shall be issued upon an

approval by the Council of Ministers, respectively, by the Municipal Council.

Art. 118. (1) The decision for termination of the procedure may include a decision

to conduct a new procedure for nomination of a concessionaire or to conduct a repeated

procedure.


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(2) A decision to conduct a new procedure for nomination of a concessionaire may

be issued in all cases of termination of the procedure. The decision shall approve a new notice

of initiation and new concession documentation.

(3) A decision to conduct a repeated procedure for nomination of a concessionaire

may be issued only in the cases under art. 117, para. 2, item 1, 2 and 5. The decision may:

1. determine the repeated procedure to take place under the terms and conditions of

the terminated procedure, without changing the originally published notice, with the exception

of the time limits determined thereby; or

2. approve changes to the originally published notice and concession

documentation only if they are not substantial and do not affect the subject of the concession,

the terms and conditions for participation, the award criteria and the minimum requirements to

offers.

(4) Following the issuance of the decision of para. 3 the nominated by the grantor

official shall sent for promulgation in the "State Gazette":

1. the original notice - in the case referred to in para. 3, item 1;

2. the amended notice in the format of the originally published notice - in the case

referred to in para. 3, item 2.

(5) Within three working days of publication of the notice under par. 4 the

nominated by the grantor official shall publish the notice also under the file of the procedure in

the National concession registry.

Art. 119. (1) The Grantor shall notify electronically through electronic means,

including e-mail, interested applicants and participants of the decision for nomination of a

concessionaire, respectively, of the decision to terminate the procedure.

(2) The protocol of the Commission of the opening of proposals, review and

evaluation and ranking of the participants shall be attached to the notification.

(3) The decision for nomination of a concessionaire shall enter into force when all

previous decisions in the procedure for nomination of a concessionaire have entered into force,

the same is not contested and, if contested – there is an enforced decision on the appeal.

Chapter four.

CONCESSION IMPLEMENTATION

Section I.

Conclusion of a concession agreement

Art. 120. (1) The concession agreement shall be concluded within the time limit set

by the decision for nomination of a concessionaire.

(2) Where no complaint has been filed against the decision for nomination of a

concessionaire, the time limit for the conclusion of a concession agreement shall start elapsing

from the 15-th day after notification of interested applicants of the decision. Where the applicant

nominated as a concessionaire, is the only interested participant, the concession agreement can

be concluded before the expiry of this period.

(3) Where there is a complaint filed against the decision for nomination of a

concessionaire, the time limit for the conclusion of a concession agreement shall start elapsing

from the date of entry into force of the decision or of the order allowing for provisional

execution.

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(4) The grantor has no right to enter into a contract with the nominated

concessionaire in case of existing pending appeal proceedings against a decision, act or

omission regarding the procedure for nomination a concessionaire.

Art. 121. (1) (suppl. - SG 103/17, in force from 01.01.2018) Before the conclusion

of the concession agreement, the applicant nominated as the concessionaire, shall submit to the

grantor evidence certifying the declared in the application facts and particulars relating to the

grounds for disqualification and the conditions for participation. The Grantor is not entitled to

request the submission of evidence of facts and circumstances under sentence one:

1. which are available through an electronic public free registry, or

2. when the information, or access to the information about them is provided by the

competent authority of the grantor ex officio.

(2) Where until the expiry of the time limit for the conclusion of the concession

agreement the applicant nominated as a concessionaire fails to submit the evidence under para.

1 or refuses to enter into a concession agreement, the grantor, may by a decision nominate the

participant ranked second as a concessionaire. The decision shall set a deadline for the

conclusion of a concession agreement and a condition can be set to improve the proposals under

the criteria for the award to this participant.

(3) Where a condition is set to improve the proposals on the award criteria,

negotiations shall be held. Concession agreement may not be concluded with the applicant

ranked second and nominated as a concessionaire, where during the negotiations no agreement

has been reached as to the improvement of the proposals on the award criteria, made by the

participant.

Art. 122. (1) The concession agreement shall be concluded in accordance with the

offer of the participant nominated as a concessionaire, and when it is concluded with the

participant ranked second - in accordance with the participant’s offer or with the achieved

results in the negotiations.

(2) The concession agreement shall be concluded in writing and shall contain:

1. the parties to the contract, information about the business and other registrations

of the concessionaire and of the person who represent it;

2. subject and value of the concession;

3. requirements and parameters of the subject of the concession, including the

requirements concerning the type and quality of the works and/or services included in the

subject of a concession for works and of a concession for services;

4. description of the business activities carried out with the object of the concession

in case of a concession for use;

5. description, characteristics and parameters of the object of the concession;

6. the date of entry into force of the agreement, preliminary conditions, if any, the

specific duration of the concession and the total duration of all eligible extensions provided

with a review clause;

7. the terms, the procedure and time limits for the delivery of the object of the

concession at the beginning and at the end of the concession, as well as in case of early

termination of the concession agreement;

8. the terms and conditions for the implementation of the concession and the

burdens, if any;

9. sharing of risks between the concessionaire and the grantor;

10. the rights and obligations of the parties, including the terms and conditions and

the deadlines for their implementation;


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11. the amount, deadlines and procedures for making payments by the grantor to

the concessionaire, where these are provided for;

12. the amount, deadlines and procedures for payment of concession remuneration,

where such is provided;

13. the indexation clause, when such is foreseen, containing the terms and

conditions and the procedure of updating of the initial value of the concession and/or the

payments by and to the concessionaire;

14. the type, amount, terms and methods of provision of guarantees and security

for the fulfillment of contractual obligations;

15. the applicable obligations relating to the national security and defense of the

country, to the life and health of citizens, to the environment, to protected areas, zones and

objects and to the public order, where applicable;

16. applicable obligations for insurance of the object of the concession;

17. the terms and conditions and the procedure of financing of the repair of caused

environmental damage;

18. the terms and conditions and the procedure of carrying out bookkeeping and

control over the fulfillment of the obligations by the concessionaire, including the

implementation of the financial and economic model;

19. responsibilities for non-fulfillment of contractual obligations;

20. the terms and conditions, the procedure and the deadlines for the exchange of

information between the parties, including electronically, and for carrying out monitoring and

control of the implementation of the contract;

21. the terms and conditions and procedures of settlement of disputes between the

parties;

22. review clauses, if any, and the grounds and procedures for early termination of

the contract;

23. the requirements for the condition in which the object of the concession is

delivered to the grantor following the expiry of the concession;

24. applicable law;

25. the amount of the rate of return for the concessionaire, determined by the

financial and economic model, as well as procedures for its calculation, reporting and control;

26. others, depending on the applicable provisions of the current laws in force

concerning the object of the concession, works or services.

(3) The concession agreement shall lay down the specific obligations of the

concessionaire in the field of environmental, social and labour law, laid down in national law,

European Union law, collective agreements or international conventions in the social field and

in the field of the environment under Appendix 5.

(4) Where applicable, the concession agreement shall contain also:

1. the economic operator, who represents the group, respectively, the lead partner,

as well as the share of the concession and the types of activities within the scope of the

concession, to be performed by each of the partners - where the concessionaire is a group of

economic operators;

2. the share of the concession and the types of activities within the scope of the

concession to be carried out by subcontractors, and for each of the subcontractors indicated in

the application - also information about the business and other registrations and about the

persons who represent them;

3. third parties and a description of the resources of these parties, which the

concessionaire will have at their disposal for the duration of the concession, as well as

information about the business and other registrations and about the persons who represent any

third person.


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(5) An integral part of the concession agreement are the proposal and the binding

proposal of the participant nominated as the concessionaire

Art. 123. (1) The concession agreement for a concession for work and a concession

of services defines the economic balance of the concession.

(2) The economic balance may be offset when:

1. as a result of changes in legislation or by a regulatory authority, the conditions

for financing, construction, management or maintenance of the object of the concession and/or

the conditions of the provision of services have changed;

2. as a result of force majeure contractual activities are permanently suspended;

3. all or part of the object of the concession perishes or an objective impossibility

of its use as intended occurs, unless the loss or the objective impossibility is due to a culpable

act or omission of the concessionaire;

4. a danger for the national security and defense of the country occurs, for the life

and health of individuals, for the environment, for protected areas, zones and objects and for

the public order.

(3) The contract may determine also other circumstances of a factual or legal nature

relating to the object of the concession, works and/or services the occurrence or change of which

may offset the economic balance of the concession.

(4) In case of offsetting of the economic balance, each of the parties to the

concession agreement may request an amendment of the contract to restore the economic

balance, where the amendment is provided by a review clause. The request shall be made to the

other party by a justified proposal, which contains a complex analysis of the circumstances

having led to offsetting of the economic balance, and justifies the proposed amendments and

their compliance with the review clause.

Art. 124. (1) Within one month of the conclusion of the concession agreement an

official nominated by the grantor shall for publication a notice of the concession agreement

awarded under the conditions and by the procedure of art. 76, para. 1 and 3.

(2) The notice of a concession agreement awarded shall be published in the

respective electronic form and shall contain the results of the procedure for nomination of a

concessionaire, including:

1. grantor;

2. estimated value and the value of the concession;

3. specific terms of the concession;

4. conditions for the entry of the concession agreement into force;

5. information about the concessionaire:

a) the name, respectively identity;

b) form of participation – individually or in a group of economic operators;

c) the persons who represent the economic operator according to the register in

which they are registered, if any;

d) the name, respectively identity of the subcontractors indicated in the application;

6. the type of the procedure;

7. the award criteria;

8. others, as indicated in the electronic form.

(3) On the day of sending for publication of the notice of awarded concession

contract an official nominated by the grantor shall open in the National concession registry a

file of the concession and shall publish therein the decision for nomination of a concessionaire

and the concession agreement. The information protected by law, sensitive information, and the


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information identified as confidential shall be deleted in the concession agreement published in

the National concession registry.

Section II.

Concession agreement implementation

Art. 125. (1) The concession agreement shall enter into force on the date of its

signature by the parties thereto.

(2) The entry into force of the concession agreement may be subject to fulfilment

of certain conditions introduced by the decision to open the procedure or with the legislation in

force. The fulfillment of the conditions is bound to a specified period of time.

Art. 126. (1) The grantor shall deliver the object of the concession to the

concessionaire within the time limit under the terms and conditions and in accordance with the

procedure laid down in the concession agreement.

(2) Where the object of the concession is managed by a District governor, the

delivery shall take place with their assistance.

(3) After the expiry of the concession the concessionaire shall deliver to the grantor

the object of the concession, except when the object is owned by the concessionaire, fully

operational, sufficient to provide the services, respectively, the business in accordance with its

intended purpose.

Art. 127. (1) In the course of implementation of the concession agreement any

individual administrative acts related to carrying out of activities under the concession shall be

issued in the name of the concessionaire and at his request.

(2) Where by virtue of the concession agreement works are carried out, the

concessionaire is considered to be the person who has the right to build in a foreign property

within the meaning of Spatial Development Act. The acts related to the elaboration and

approval of development plans, investment projects, permission and carrying out of

construction works, commissioning of the construction projects, and other construction papers,

provided for by a regulatory act, shall be issued in the name of the concessionaire and at their

request.

Art. 128. The monetary claims of the concessionaire, arising from the concession

agreement, and those of the subcontractors under a subcontract may be transferred, pledged and

are subject to enforcement. Art. 519 of the Code of civil procedure shall apply accordingly.

Art. 129. (1) In the course of implementation of the concession agreement the

concessionaire shall keep analytical accounting of the services provided and of other economic

activities that are included in the subject matter of the contract.

(2) The annual financial statement of the concessionaire is subject to obligatory

financial audit by a registered auditor under the Independent financial audit act.

Art. 130. (1) For the period of performance of the concession agreement no

occurrence of grounds for disqualification of both the concessionaire and of members of its

managing or supervisory bodies shall be allowed, neither of any person who has the authority


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to represent, to take decisions or to exercise control within these bodies. This condition also

applies to subcontractors and to third parties, if applicable.

(2) The concessionaire shall inform the grantor of the occurrence of grounds for

disqualification. The notification shall be made within 30 days of the occurrence of the grounds

for disqualification or of obtaining information on the occurrence by the grantor or another

person.

(3) In the notice referred to in par. 2 the concessionaire shall indicate the measures

they will undertake to repair the effects and to effectively prevent future cases of unlawful

activities, as well as the time limit for undertaking those measures. The measures can be

personnel-related and organizational, such as: interruption of any links with persons or

organizations involved in illegal activities; measures for personnel reorganization;

implementation of accountability and control systems; setting up an internal audit system to

ensure compliance, as well as the adoption of internal rules for claiming liability and

indemnification.

(4) Where grounds for disqualification have occurred regarding a subcontractor,

the concessionaire is obliged to terminate the subcontract. In this case, in the notification under

par. 2 the concessionaire shall indicate the period, within which they will terminate the

subcontract, and the manner in which they will continue the implementation of activities under

the terminated contract - by the concessionaire or by awarding the contract to a new

subcontractor.

(5) Where grounds for disqualification have occurred for a third party, the

concessionaire is not entitled to use third party resources. In this case, in the notification under

par. 2 the concessionaire shall nominate a new person and shall presents evidence that they will

have at their disposal the new person’s resources for the remaining period of the concession,

and the provision of art. 63, para. 4 shall apply accordingly. The concessionaire may not

nominate a new third person, if by notification under par. 2 the concessionaire provides

evidence that they meet the requirements for professional or technical capabilities and/or for

financial and economic condition.

Art. 131. (1) In the course of performance of the concession agreement the grantor

shall monitor and control the fulfillment of contractual parties’ obligations, as well as audit of

the concessionaire. For this purpose, the concessionaire shall send a report on the

implementation of the concession agreement to the grantor within time limit and with the

content set out in the agreement.

(2) The parties to the concession agreement are required to provide for the

maintenance and keeping of concession records and for the protection of information in

connection with the performance of the contract.

(3) The Grantor shall provide for publicity of the implementation of the concession

agreement, with the exception of the information protected by law, sensitive information and

information identified as confidential.

Art. 132. (1) The official nominated by the grantor shall annually, by 30 September,

submit to the National concession registry information on the implementation of the concession

agreement for the preceding year in a standard form available on the website of the National

concession registry.

(2) On the basis of information referred to in para. 1 for all concession agreements

to which the grantor is a party, the latter shall draw up and submit for approval to the Council

of Ministers, respectively, to the Municipal Council, an annual report on the implementation of

the projects and concession agreements included in the respective action plan.


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Section III.

Subcontract

Art. 133. (1) By the subcontract the concessionary assigns to the person indicated

in the application or selected after the conclusion of the concession agreement the

implementation of activities specifically defined within the subject of the concession.

(2) A subcontract can be concluded only with a person for whom there are no

grounds for disqualification and that complies with the applicable conditions for participation

when such are indicated in the notice of initiation.

(3) The concessionaire may conclude subcontracts for the share of the concession

and the types of activities within its subject, which are indicated in the application.

(4) The concessionaire is responsible jointly and severally with the subcontractor

for the implementation of the activities assigned by the subcontract.

Art. 134. (1) The concessionaire is obliged within three working days from the

conclusion to provide to the grantor the subcontract, as well as information on the subcontractor,

including:

1. the name, identity respectively;

2. contact details including email address;

3. the persons who represent the subcontractor, according to the register in which

the latter is registered, if any;

4. a declaration by the subcontractor regarding the absence of grounds for

disqualification and, if applicable, also on the compliance with the conditions for participation

mentioned in the concession notice.

(2) The concessionaire shall notify the grantor of any change in the information

provided under par. 1, item 1-3 within three working days of the occurrence of the change.

(3) The concessionaire shall replace a subcontractor to another subcontractor,

where this is stated in the notice under art. 130, para. 2, within the time limit indicated in the

notification. The concessionaire shall replace a subcontractor with another subcontractor or

shall perform themselves the activities assigned by the subcontract when after conclusion of the

subcontract non-compliance with the requirements for protection of classified information is

identified.

(4) For false information provided in the Declaration referred to in par. 1, item 4

the subcontractor shall bear penal responsibility under art. 313, para. 1 of the Penal code.

Art. 135. (1) For subsequently occurred danger to the national security and defense

of the country, to the life and health of citizens, to the environment, to protected areas, zones

and objects and to the public order, the part the concession agreement, having become aware

of thereof, shall forthwith inform the other party.

(2) Where the presence of circumstances under para. 1 is found by a competent

authority, it shall without delay inform the grantor thereof.

(3) In the event of occurrence of circumstances under para. 1 the concession

agreement shall be amended if there is any of the grounds under art. 137-139, or it shall be

terminated.

Section IV.

Amendment of concession agreement


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Art. 136. (1) The concession agreement may be amended only in the cases specified

by this act.

(2) For concessions for works and for concessions for services any amendment of

the concession agreement may not relieve the concessionaire from the undertaken operational

risk.

Art. 137. (1) The concession agreement may be amended when:

1. by a review clause, as defined in the concession documentation, an opportunity

for amendments is provided, regardless of their value, or

2. the value of the change is in an amount under the European threshold, below 10

per cent of the value of the concession and does not lead to a modification of the overall nature

of the concession, or

3. the amendment, regardless of its value, is not essential within the meaning of

para. 5.

(2) Where a concession agreement is amended again on the grounds of par. 1, item

2, the threshold of 10 percent of the value of the concession is calculated relevant to the sum of

the initial value of the concession and the value of the preceding amendments, regardless of

their grounds.

(3) A review clause is foreseen in the concession documentation and contains an

option or a possibility of an amendment to the value of the concession or its deadline. By the

review clause the circumstances under art. 123, para. 3 are determined. The review clause

clearly, accurately and unambiguously defines the scope and the nature of the provided options

and modifications, without allowing to change the object of the concession and its overall

character.

(4) By an option the grantor is granted the right after the conclusion of the

concession agreement to award additional works and/or services to the concessionaire that are

not included in the contract

(5) Essential is any amendment that:

1. introduces terms and conditions which, if they were part of the procedure for

nomination of a concessionaire would have allowed admission of applicants or participants

other than initially admitted, or to evaluation of the offer, other than originally assessed, or

would have attracted to participate in the procedure additional applicants or participants;

2. change the economic balance of the concession in favour of the concessionaire

in a way that has not been provided for in the concession agreement;

3. change the subject-matter of the concession and its overall character;

4. leads to replacement of the concessionaire, without appropriate review clause

being present, or conversion with a change of the legal form or transformation with universal

succession.

(6) Any amendment to the concession agreement, leading to a substantial change

within the meaning of para. 5, is invalid.

Art. 138. (1) Where after the conclusion of the concession agreement a

circumstance occurs which the grantor could not anticipate at the time of award of the

concession and which requires amendment of the concession agreement, the agreement may be

amended, if this does not lead to a change of the overall character of the concession, to an

increase in the initial value of the concession by more than 50 per cent and to an extension of

the duration of the concession by more than one-third of the specific term determined by the

agreement.


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(2) The increase of up to 50 percent under para. 1 is calculated relating to the initial

value of the concession without aggregation of the values of any previous changes, regardless

of their grounds.

(3) An amendment of the concession agreement, which does not comply with the

provisions of para. 1, is invalid.

(4) For concessions for services related to the activities referred to in Appendix 2,

the concession agreement may be amended irrespective of the value of the change if the

amendment does not entail any change of the overall nature of the concession.

Art. 139. (1) The concession agreement may be amended also when after the

conclusion of the contract a need arises for carrying out additional works and/or additional

services by the concessionaire, which are not provided by a review clause and may not be

assigned to another concessionaire for economic or technical reasons arising from the

requirements of interchangeability or interoperability with the assigned by the concession

agreement work and/or services, or for significant difficulty or substantial duplication of

expenses of the grantor, which could result from the awarding thereof to another concessionaire.

(2) The additionally assigned works and/or services may not lead to an increase by

more than 50 per cent of the initial value of the concession. Art. 138, para. 2 shall apply

accordingly.

(3) In the cases referred to in para. 1 the amendment of the concession agreement

may include also an extension of the duration of the concession, defined by the agreement,

subject to the provision of art. 34, para. 1, sentence two.

Art. 140. (1) For the calculation of the value of the concession in the cases under

art. 137-139, the value is updated in accordance with the indexation clause, where such is

provided for in the concession agreement, and where it is not provided for - with the value of

the average inflation for the previous 12 months.

(2) The average inflation rate is determined by the index of the National Institute

of statistics. Up-to-date information about the index is available in the National concession

registry.

Art. 141. (1) An amendment of the concession agreement shall be done with a

supplementary agreement upon a justified proposal by one of the parties to the agreement.

(2) The grantor makes or accepts, or refuses to accept a proposal for an amendment

of the concession agreement following the approval by the Council of Ministers, respectively,

by the Municipal Council.

(3) Within 30 days of the conclusion of the supplementary agreement an official

nominated by the grantor shall publish a notice of an amendment of a granted concession. The

notice of amendment of a granted concession shall be with the minimum content laid down in

Appendix 9.

(4) Where the amendments are based on art. 138 or 139, for a concession with cross-

border interest the notice shall be filled in an electronic form in accordance with art. 50, para.

2 and shall be published under the terms and conditions and by the procedure of art. 76, para. 1

and 3. In other cases, whether the concession is with or without cross-border interest, the notice

shall be filled in an electronic form which is available on the website of the National concession

registry and shall be published in the State Gazette and in the National concession register.


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Art. 142. (1) Where either party that there are grounds for amendment of the

concession agreement, but no agreement can be reached as to the amendment of the agreement,

the dispute shall be resolved by the court in accordance with the Code of civil procedure.

(2) After the entry into force of the court judgment the parties shall sign a

supplementary agreement amending the contract or the concession agreement remains

unchanged.

Art. 143. (1) The concessionaire shall notify the grantor of any arranged

transformation of universal succession and shall make a proposal for substitution of the

concessionaire by a successor in title. With the proposal the concessionaire shall provide

information on the terms and conditions of the arranged transformation, as well as evidence that

the successor complies with the conditions for participation and that there are no grounds for

disqualification thereof.

(2) Where the successor complies with the requirements of para. 1, the grantor, after

approval by the Council of Ministers, respectively, by the Municipal Council, issues a decision

by which the grantor gives consent for the replacement of the concessionaire. The decision shall

be issued within two months from the filing of the request or from the repairing of the

irregularities thereof. After the entry into force of the transformation the grantor and the

successor conclude a supplementary agreement amending the concession agreement by

replacing the concessionaire.

(3) Where the successor does not meet the requirements of para. 1, the grantor, after

approval by the Council of Ministers, respectively, by the Municipal Council, issues a decision

refusing the substitution of the concessionaire.

(4) In case of transformation of the concessionaire through a change of the legal

form the concessionaire or its successor in title shall notify the grantor of the transformation. In

this case the requirements of para. 1-3 shall not apply.

Section V.

Termination of the concession agreement

Art. 144. The concession agreement shall end with the expiry of the duration of the

concession.

Art. 145. (1) Before the expiry of the duration of the concession, the concession

agreement shall be terminated by the grantor without notice, where:

1. There is evidence that, as of the date of conclusion of the concession agreement

there have been reasons for disqualification of the concessionaire;

2. the Court of Justice of the European Union has established in the procedure under

art. 260 of the Treaty on the functioning of the European Union that the concession was awarded

in breach of European Union law.

(2) Prior to the expiry of the concession the concession agreement shall be

terminated:

1. with the complete loss of the object of the concession for a concession for works,

and for a concession for use – from the date of loss;

2. upon termination of the company-concessionaire - from the date of the winding

up of the company;

3. in the event of announced insolvency of the concessionaire - from the date of

entry into force of the judgment;


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4. in case of a court judgment for termination of the concession agreement - from

the date of entry into force of the judgment;

5. on other grounds provided for by law or by the concession agreement - from the

date specified therein.

(3) In the cases referred to in para. 2 the party having become aware of the grounds

for termination, shall notify the other party of the termination of the concession agreement

within 10 days after becoming aware thereof.

Art. 146. (1) The concession agreement can be terminated unilaterally by the

grantor:

1. in case of subsequent emergence of a threat to the national security and defense

of the country, to the life and health of citizens, to the environment, to protected areas, zones

and objects and to the public order, unless there are grounds for amendment of the agreement,

or

2. where the concessionaire has failed to notify the grantor of the occurrence of

grounds for disqualification within the time limit under art. 130, para. 2 or has failed to

undertake within the set term the specified by them measures to eliminate the consequences and

to effectively prevent future cases of unlawful acts, respectively, in the cases under art. 130,

para. 4 and 5 the concessionaire has not terminated a subcontract or has continued to use the

resources of the third party;

3. where the transformation through universal legal succession of the

concessionaire is done:

a) without a issued decision by the grantor, giving consent for the replacement of

the concessionaire unless the successor in title proves that the latter complies with the

conditions for participation and that there are no grounds for disqualification, or

b) in case of an issued decision by the grantor, refusing the replacement of the

concessionaire.

(2) The concession agreement can be terminated unilaterally or by mutual

agreement, under terms and conditions provided for by law or by the concession agreement.

Art. 147. In case of non-fulfillment of an obligation under the concession agreement

the non-defaulting party may terminate it by a written notice by giving to the other party a

reasonable period of time for performance with a warning that after the expiry of the time limit

the contract will be considered terminated.

Art. 148. (1) Unilateral termination of the concession agreement, making an offer

or acceptance of a proposal to terminate the contract by mutual agreement shall be done by a

decision of the grantor upon approval by the Council of Ministers, respectively by the

Municipal Council.

(2) In the decision referred to in par. 1 the grantor indicates the consequences of the

termination of the concession agreement in accordance with the provisions of the agreement.

Art. 149. (1) The concession agreement shall be terminated also when it is declared

invalid by an enforced court decision.

(2) The stated nullity shall have effect from the date of conclusion of the concession

agreement.


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Section VI.

Consequences of termination of concession agreement

Art. 150. (1) Upon termination of the concession agreement due to the expiration

of the duration of concession the concessionaire is not entitled to compensation for the costs of

investments or the cost of exploitation of works or services subject of the concession, which

are not refunded.

(2) In the case of early termination of the concession agreement for a reason which

is attributable to the grantor, the concessionaire is entitled to compensation in the amount of:

1. the non-refunded costs to the concessionaire for investments in the object of the

concession, where the object is a state, accordingly, municipal property, and

2. the amount corresponding to rate of return established by the financial and

economic model for the concessionaire for the entire duration of the contract, less the amount

of the reimbursed expenses for investments in the object of the concession, where the object is

owned by the concessionaire.

(3) In the case of early termination of the concession agreement for a reason which

is attributable to the concessionaire, the grantor shall:

1. be liable to pay to the concessionaire compensation in the amount of non-

refunded expenses of the concessioner for investments in the object of the concession, less by

the amount corresponding to the rate of return determined by the financial and economic model

for the concessionaire for the entire duration of the contract, but not exceeding the market value

of the investments made by the concessionaire in the object of the concession at the date of

termination of the contract, where the object is owned by the State, accordingly by the

municipality;

2. no compensation shall be payable to the concessionaire where the object of the

concession is owned by the concessionaire or by a third party.

(4) The reimbursement of the costs to the concessioner for investments shall cover

the equity with a rate of return determined by the financial and economic model, and the called

up capital with its price in compliance with the allocation of risks according to art. 31.

(5) In the case referred to in para. 3, item 1 the grantor is not liable to pay

compensation where at the date of termination of the concession agreement the market value of

the object of the concession has decreased in relation to the market value at the date of

conclusion of the contract and the reduction is a result of the reason for which the contract was

terminated.

(6) In the case referred to in para. 3, item 2 the concessionaire shall be liable to pay

to the grantor compensation in the amount of expenses refunded as a result of exploitation of

the object of the concession for investments in the object of the concession received up to the

date of termination of the concession agreement.

(7) For the determination of the amount of the payable compensation, the amount

of depreciation and financial assets available to the concessionaire shall be taken into account.

(8) In addition to the compensations referred to in para. 2 and 3 the defaulting party

shall be liable also to pay a penalty for early termination of the concession agreement, where

such are agreed.

(9) The time limits and procedures for payment of compensations and penalties

payable shall be specified in the concession agreement. The compensations referred to in para.

2 and 3 shall be paid in equal annual installments for the remaining period of the duration of

the terminated contract, unless otherwise agreed.


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Art. 151. (1) Where a concession agreement is declared invalid, each party must

return to the other party everything received therefrom.

(2) Upon declaring the nullity of a concession agreement the concessionaire shall

be liable to pay to the grantor also the proceeds from the services rendered and/or the income

from the carried out business activities with the object of the concession.

(3) Upon declaring the nullity of a concession agreement the grantor shall be liable

to pay to the concessionaire also compensation for improvements and additions made to the

object of the concession subject to compliance with the provision of art. 150, para. 2.

Art. 152. (1) No compensation is payable in the case of early termination of the

concession agreement for a reason, which none of the parties can be held responsible for.

(2) Where the early termination of the concession agreement is due to loss of the

object of the concession, which is a state, municipal property, respectively, the concessionaire

has the right to get a part of the insurance indemnity in the amount of the non-refunded

investment costs.

Art. 153. (1) After the termination of the concession agreement the concessionaire

is obliged to deliver to the grantor of the object of the concession, which is a sate, municipal

property, respectively, and also the add-ons and improvements. The concessionaire has no right

of retention on the object.

(2) For the delivery and acceptance of the object of the concession the grantor shall

appoint a commission. A delivery protocol shall be drawn up which shall be signed by the

members of the commission and by an authorized representative of the concessionaire.

(3) Where the concessionaire refuses to deliver the object of the concession, as well

as where at the date of termination of the concession agreement the concessionaire has been

winded up without a successor in title, or there is impossibility for the delivery of the object,

the commission under para. 2 shall draw up a certificate of findings for the acceptance of the

object by which the state of the object is established and the refusal or impossibility of the

delivery is certified. The protocol is grounds for the issue of a warrant for the seizure of the

object in accordance with the State property act, accordingly the Municipal property act.

(4) The time limit for the delivery and/or acceptance of the object of the concession

is 30 days from the date of termination of the concession agreement.

(5) From the date of acceptance of the object of the concession and, in the cases

referred to in para. 3 - from the date of seizure:

1. the object being a state property shall pass under the management of the

respective regional Governor or of other person, as determined by law, by a decision of the

Council of Ministers or by the state property deed;

2. the object being a municipal property, shall pass under the management of the

municipality Mayor;

3. all concessionaire’s rights resulting from issued in their name individual

administrative acts in the course of performance of the concession agreement, shall pass in

favour of the person under item 1 or 2.

(6) Where the object of the concession is a state property, the grantor shall notify

the Minister of regional development and public works or the regional Governor of the

acceptance of the object of the concession in order to be indicated in the state property deed.

(7) Paragraphs 1 - 6 shall apply accordingly to the concession area and the

accessories that are public, municipal property, respectively.


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Art. 154. (1) All outstanding matters regarding the conclusion, implementation,

amendment and termination of the concession agreement shall be accordingly subject to the

provisions of the Commerce Act and the Obligations and contracts act.

(2) Any disputes concerning the conclusion, implementation, amendment and

termination of the concession agreement shall be resolved in accordance with the Code of civil

procedure.

Chapter five.

FINANCING OF ACTIVITIES UNDER STATE CONCESSIONS

Art. 155. (1) Cash proceeds from concession fees for state concessions, from

penalties, guarantees and compensations are accounted as revenue in the budget of the

corresponding grantor.

(2) Where it is provided for by law, part of the cash proceeds from concession fees

for state concessions are transferred by the relevant Ministry to the budgets of the municipalities

in which the object of the concession is located. The municipalities account in their budgets the

transferred amounts as revenue from concessions.

(3) The expenses for the concession activity are estimated and funded through the

budgets of the relevant budget spenders and through the budget of the Ministry of finance.

(4) The expenses provided for in the budget of the Ministry of finance are made

also through the budgets of the relevant ministries on the basis of approved by the Minister of

finance estimate for spending the funds and for adjustments in accordance with art. 109 or 110

of the Public finance act.

(5) The requirements concerning the statements of the ministries on the collected

by them revenue from concessions and the expenses incurred thereby shall be determined by

the Ordinance under art. 35.

Chapter six.

APPEAL. CLAIM FOR DECLARING THE NULLITY OF A CONCESSION

AGREEMENT. CLAIM FOR AWARDING COMPENSATIONS. PENALTIES

Section I.

Complaint. Initiation of appeal proceedings

Art. 156. (1) Subject to appeal under this chapter shall be any decision of the grantor

in the procedure for nomination of a concessionaire, as well as commission decisions regarding

disqualification of applicants from participating in a competitive procedure with a call for

negotiations and in a competitive dialogue.

(2) The decisions referred to in par. 1 shall be appealed before the CPC concerning

their legitimacy, including regarding the presence in the notice, in the concession

documentation or in any other document produced in the course of the procedure for nomination

of a concessionaire, of any requirements violating the principles of art. 4, par. 1.

(3) Subject to appeal under this Chapter shall be also any acts or omissions of the

grantor, which obstruct the access to or participation in the procedure for nomination of a

concessionaire.

(4) Grantor’s actions for the issue of the decisions referred to in para. 1 shall not be

subject to individual appeal, neither the commission's decisions other than those referred to in

par. 1. Commission's decision to disqualify a participant in an open procedure shall be appealed


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together with the grantor’s decision for nomination of a concessionaire or with the decision

terminating the procedure.

(5) Decisions made under this act, adopted by the Council of Ministers and by the

Municipal Council are not subject to appeal.

Art. 157. (1) A complaint shall be filed within 10 days of:

1. the publication in the National concession registry of the notice of initiation,

respectively, of the notice of amendment;

2. communication or notification of the respective decision, with the exception of

the commission's decision to disqualify a participant in an open procedure, the time limit for

appeal of which starts elapsing from the notification of the decision for nomination of a

concessionaire, respectively for termination of the procedure;

3. knowledge of an act or omission under art. 156, para. 3 and where the person is

not notified - from the date being the deadline for the performance of the respective action but

not later than the conclusion of the concession agreement.

(2) An appeal may be filed by:

1. any interested person - in the cases referred to in para. 1, item 1;

2. any interested applicant and any interested participant -in the cases referred to in

para. 1, 2 and 3.

Art. 158. (1) The complaint shall be submitted to the CPC with a carbon copy to

the grantor, having organized the procedure for nomination of a concessionaire.

(2) The complaint must be written in Bulgarian language and contain:

1. the name of the authority to which it is submitted;

2. details of the applicant, where they are:

a) a legal entity: the name, seat and registered address and registration data

according to the register in which it is registered, if there is such a registry, as well as e-mail

address and/or fax for receipt of notices and summons;

b) a natural person: name, address and details of their identity, as well as e-mail

address and/or fax for receipt of notices and summons;

c) a group of economic operators - relevant data referred to in sub-item "a" or sub-

item "b" for the operator, who represents the group, or for the lead partner;

3. name and address including email address of the grantor, having organized the

procedure for nomination of a concessionaire;

4. information concerning the procedure for nomination of a concessionaire and the

decision, act or omission subject to appeal;

5. alleged violations, on which the complaint is based;

6. the applicant's request;

7. the signature of the person having filed the complaint, or of their authorised

representative.

(3) The appeal shall have attached thereto:

1. a copy of the appealed decision, where it is not published in the Official journal

of the European Union, in the State Gazette or in the National concession registry;

2. evidence of compliance with the time limit under art. 157, para. 1;

3. power of attorney where the complaint is filed by an authorized person;

4. a document of paid governmental fee, determined by a tariff approved by the

Council of Ministers;

5. proof of the complaint being sent to the grantor;

6. other evidence in their possession.


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(4) Where the appeal does not comply with the requirements of para. 2 and par. 3,

items 1 - 4, the Chair of the CPC sends a notice to the complainant and sets a 5-day period to

repair the irregularities.

Art. 159. (1) The Chair of the CPC shall not initiate proceedings where:

1. the appeal is filed after expiry of the relevant time limit under art. 157, para. 1;

2. the irregularities are not repaired within the time limit under art. 158, para.

4;

3. the complaint is withdrawn prior to the opening of the proceedings;

4. the deed, act or omission is not subject to appeal.

(2) In the cases referred to in para. 1 the Chair of the CPC returns the complaint

with an instruction which can be subject to appeal by a private complaint before a panel of three

members of the Supreme Administrative Court within 7 days of the notification to the parties.

(3) The Court shall pronounce on the private complaint within 14 days of the

opening of proceedings in a closed session with a judgment which is final and binding.

Art. 160. (1) Within three days of the receipt of the complaint, from the repair of

the irregularities, respectively, the Chair of the CPC by an instruction shall initiate proceedings,

shall constitutes the parties ex officio and shall nominate a member of the CPC, who shall

monitor the investigation under the complaint and, where necessary, shall give instructions.

(2) Where the decision of the Commission is appealed, the grantor organizing the

procedure for nomination of a concessionaire shall be constituted as a party to the proceedings.

(3) The grantor shall be notified that the appealing proceedings have been opened

and within three days from the date of receipt of the notification the grantor shall send a written

statement on the complaint, with attached thereto the whole file of the procedure for nomination

of a concessionaire on an electronic data storage device, as well as other evidence, if any.

Art. 161. (1) After the initiation of proceedings, the Chair of the CPC by an order

shall nominate employees in the administration of the CPC to carry out the investigation under

the complaint, hereinafter referred to as "a work team".

(2) For concessions with classified information, the members of the work team

should have been cleared for access to EU classified information up to the appropriate level in

accordance with the requirements of the Protection of Classified Information Act.

Art. 162. (1) After the receipt of the complaint, the grantor, the commission

accordingly, may review the matter and to repair the alleged violation in the complaint. The

repair shall take place within 7 days of the receipt of the complaint, and when the appeal is

against a decision which is subject to approval by the Council of Ministers, respectively by the

Municipal Council - within 14 days.

(2) The deed by which the violation is repaired shall be subject to appeal pursuant

to the provisions of this chapter, where par. 1 does not apply.

Art. 163. All outstanding matters regarding the appeal procedure before the CPC

shall be subject to the provisions of Chapter Ten of the Code of administrative procedure.

Section II.

Suspension of the procedure for nomination of a concessionaire


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Art. 164. (1) The appeal against the decision for nomination of a concessionaire

stops the procedure for nomination of a concessionaire until the final settlement of the dispute.

(2) An appeal against a decision to terminate the procedure, which includes a

decision to conduct a new procedure for nomination of a concessionaire or to conduct a repeated

procedure stops the new, respectively the repeated procedure until final settlement of the

dispute.

(3) Beyond the cases referred to in par. 1 and 2 an appeal stops the procedure for

nomination of a concessionaire only when a request for suspension of the proceedings has been

made.

Art. 165. (1) A request for the suspension of the procedure for nomination of a

concessionaire shall be made simultaneously with the filing of the complaint. The request shall

be justified, including by attaching relevant evidence. A request, which is not made at the same

time as the complaint shall not be considered.

(2) The Commission for protection of competition shall pronounce on the request

under para. 1 in a closed session by way of a justified ruling within 7 days of the initiation of

the appeal proceedings, leaving the procedure suspended or dismissing the request.


under para. 1 after consideration of possible consequences of the suspension of the procedure

for all the interests likely to be impaired, including for the public interest and the interests of

national security and defense of the country, the life and health of citizens, for the environment,

protected areas, zones and objects and to public order. The assessment shall be carried out on

the basis of the allegations in the complaint, the reasons given in the request under para. 1, the

grantor’s opinion, if provided, and evidence attached by the parties.

(4) The Commission for protection of competition may dismiss the request under

para. 1, where the negative effects to all interests which might be impaired, exceed the benefits

of suspension.

(5) The pronouncement on such request under para. 1 is not binding on the CPC for

the resolution of the dispute on the merits and does not affect other complainant’s requests.

(6) The ruling under para. 2 shall be subject to appeal by a private complaint before

a panel of three members of the Supreme Administrative Court within 5 days from its

communication to the parties. The Court shall pronounce on the private complaint within 14

days of the opening of proceedings in a closed session with a ruling which is final and binding.

(7) The appeal of the ruling under para. 2 does not stop the appeal proceedings.

(8) Where by the complaint suspension of the procedure for nomination of a

concessionaire is requested, the procedure stops pending the entry into force of:

1. the ruling, by which the request for suspension is dismissed;

2. the instruction, by which the initiation of appeal proceedings is rejected;

3. the decision on the appeal - in all other cases.

Art. 166. (1) Where the filed complaint is against a decision for nomination of a

concessionaire, or against a decision to terminate the procedure, which includes a decision to

conduct a new procedure for nomination of a concessionaire or to conduct a repeated procedure,

by their opinion on the complaint under art. 160, para. 3 the grantor may request admission of

provisional enforcement of the appealed decision. The request shall be justified, including by

attaching relevant evidence. A request, which was made after the expiry of the time limit under

art. 160, para. 3 shall not be considered.


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under para. 1 by way of a justified ruling in a closed session within three days of the receipt of

the request, and shall admit provisional enforcement or shall dismiss the request. A request

under para. 1, which contains no reasons, shall be dismissed.

(3) The Commission for protection of competition shall admit provisional

enforcement exceptionally, to provide for the life and health of individuals, to protect especially

important state or public interests or where the delay of the enforcement could result in a

significant or difficult to repair damage, including to the object of the concession or to the

activities to be carried out by the concessionaire.

(4) No provisional enforcement shall be allowed where the request is justified by

economic interests that lead to disproportionate consequences, including costs that result from

postponing the implementation of the concession agreement or the conduct of a new,

accordingly repeated procedure for nomination of a concessionaire, change of the

concessionaire under the contract or payment of compensations and/or other penalties.

(5) The ruling of par. 2 shall be subject to appeal by a private complaint before a

panel of three members of the Supreme Administrative Court within 5 days from its

communication to the parties.

(6) The Court shall pronounce within 14 days of the initiation of proceedings in a

closed session with a ruling which is final and binding.

(7) A private complaint shall not stop the appeal proceedings, but shall stop the

admitted provisional enforcement.

Art. 167. All outstanding issues under the appeal of the rulings of the CPC under

this section shall be subject to the provisions of Chapter Thirteen of the Code of administrative

procedure.

Section III.

Consideration of a complaint

Art. 168. (1) Where appeal proceedings are initiated against a decision for

nomination of a concessionaire and no provisional enforcement has been admitted, the CPC

shall check ex-officio for the existence of pending proceedings against another act under the

same procedure for nomination of a concessionaire. Where presence of other pending

proceedings is established the CPC shall suspend the appeal proceedings until the final

resolution of the dispute under the pending proceedings.

(2) The appeal proceedings shall be resumed ex officio or at the request of one of

the parties after the entry into force of the decisions on the pending proceedings.

(3) Paragraphs 1 and 2 shall also apply where the proceedings are under an appeal

against a decision to terminate the procedure, which includes a decision to conduct a new

procedure for nomination of a concessionaire or to conduct a repeated procedure.

Art. 169. (1) The review of the file shall be carried out by the work team and shall

cover the circumstances of the complaint.

(2) The parties to the proceedings, the state authorities and the officials shall be

obliged to assist the CPC and the work team in the performance of their duties assigned by this

act.


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Art. 170. (1) After the completion of the review, the work team shall present to the

supervising member of the CPC a report, which contains factual and legal analysis of the case,

and a proposal for the method of completion of the proceedings.

(2) The supervising member of CPC shall advise the Chairman of the completion

of the review. The Chair of the CPC by resolution shall schedule an open session for reviewing

the file.

(3) The Parties shall be notified of the completion of the review and shall be called

to the meeting, where the deadline for summoning shall be not less than three days before the

meeting.

(4) Until the day before the meeting, the parties have the right to know the collected

evidence in the file.

Art. 171. (1) The service of notices and summons shall be made electronically to

an e-mail address or by fax as follows, to:

1. the grantor - at the address given in the notice of initiation;

2. the applicant - at the address or the fax, given in the complaint;

3. the other parties - at the address at which notifications in the procedure for

nomination of a concessionaire have been received, unless in the appeal proceedings they have

provided another address or fax.

(2) Notices and summons are considered to be delivered upon their entry in the

indicated information system, respectively upon receipt of an automatically generated message

confirming the dispatch by fax, and shall be substantiated with a copy of the electronic report,

accordingly, with a copy of the automatically generated message.

(3) Where the applicant, respectively the parties under para. 1, item 3 are with

unknown address, or fax, or cannot be found at the address indicated thereby, they are

considered to be notified by posting a message in the public register on the website of the CPC.

Art. 172. (1) In the proceedings before the CPC oral and written evidence and

expert opinions are allowed. The Commission for protection of competition may refer to

information that is publicly available or officially known.

(2) When using the expert opinions, the experts' remuneration shall be borne by the

party having requested the expertise and shall be deposited in advance. When appointing an

expertise at the initiative of the CPC the expenses for the remuneration of experts shall be

charged to the complainant - where the complaint is discharged or the proceedings are

discontinued, and in all other cases - to the grantor.`

(3) Evidence collected in the proceedings before the CPC may not be disclosed if

they represent protected by law information, sensitive information or information identified as

confidential. When the evidence contains data, representing classified information, the

Protection of Classified Information Act shall apply.

(4) The parties are obliged to submit all their evidence no later than by the day

before the meeting for consideration of the complaint.

Art. 173. (1) The meetings are regular where they are attended by at least four

members of the CPC.

(2) In the case of a concession with classified information the members of CPC

who participate in the proceedings for the review of the file, must have clearance for access to

classified information up to the appropriate level in accordance with the requirements of the

Protection of Classified Information Act.


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(3) A member of the CPC may not participate in proceedings under this Act, where

they are interested in the outcome of the proceedings or where there are reasonable doubts about

their impartiality. The member of the Commission can be challenged at their own initiative or

at parties’ request.

(4) The meeting begins with the resolution of preliminary questions concerning the

legitimacy of the proceedings.

(5) The parties to the proceedings can be asked questions following a procedure,

determined by the Chair of the CPC.

(6) Upon considering that the circumstances of the complaint are clarified, the

person chairing the meeting provides an opportunity to the parties for opinions.

(7) Following the clarification of the dispute, the Chair shall close the meeting.

Section IV.

Decisions and rulings of the Commission for protection of competition.

Termination of proceedings

Art. 174. (1) The Commission for protection of competition adopts decisions and

issues rulings by an open vote and with a majority of 4 votes. Where less than seven members

attend the session, the decision shall be adopted only if minimum four of the members of the

Commission have voted.

(2) The Commission for protection of competition shall pronounce on the appeal

by a decision within two months of the opening of proceedings, where the concession is with

cross-border interests, and within one month where the concession is without cross-border

interest.

Art. 175. (1) The commission for protection of competition in a closed session shall

adopt a decision, by which:

1. the complaint is dismissed;

2. cancel the illegal decision for initiation of the procedure;

3. cancel the illegal decision or act or identifies illegal omission and with binding

instructions returns the file for continuing the procedure for nomination of a concessionaire as

from the last lawful decision or action and where applicable - to terminate the procedure, or

4. declare the nullity of the decision

(2) Where subject to appeal is a decision for nomination of a concessionaire and

provisional enforcement is allowed, resulting in a concession agreement being concluded, the

CPC establishes the illegality of the decision, without cancelling it, and imposes on the grantor

the sanction provided in art. 183, para. 1.

(3) Where a concession agreement is concluded before the period for its conclusion

under art. 120, para. 2 or 3 starts elapsing or in violation of art. 120, para. 4, but no violation of

the procedure for nomination of a concessionaire has been established, the CPC imposes on

grantor the sanction provided in art. 183, para. 2.

(4) In the cases referred to in para. 2 the concluded concession agreement keeps its

force, and any interested party may bring an action for damages and art. 181 shall apply

accordingly.

(5) The decision of the CPC is issued in writing and contains:

1. date, place of receipt and reference number;

2. the reference number of the proceedings on which the decision is adopted;

3. the factual and legal basis for its adoption;

4. the motives;


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5. purview;

6. what party shall be charged the costs;

7. before what authority and within what period the decision can be appealed.

(6) A member of the CPC, who disagrees with the decision, shall sign it with a

reasoned dissenting opinion, which shall be annexed to the decision.

(7) The decision with the reasons and dissenting opinions, if any, shall be drawn up

and announced not later than within 14 days of the meeting, at which the review of the file has

been completed.

Art. 176. (1) The Commission for protection of competition rules on the liability

for the costs subject to compliance with the terms and conditions and by the procedure of art.

143 of the Code of administrative procedure.

(2) Within the time limit for appeal of the respective act issued by CPC A, at the

request of the parties, the cost-related part of the act can be supplement or amended.

(3) The Commission for protection of competition shall notify the other party of

the request under par. 2 with an instruction to reply within three days.

(4) The ruling on the request under para. 2 shall be issued in a closed session and

shall be served on the parties. The ruling may be appealed subject to compliance with the

provisions of art. 177, para. 2, accordingly art. 178, para. 1.

Art. 177. (1) The Commission for protection of competition by a ruling terminates

the proceedings:

1. where the complaint is inadmissible;

2. when the complainant - a natural person has died or the legal entity is terminated

without a legal successor;

3. in the case of withdrawal of the appeal.

(2) The ruling under para. 1 shall be subject to appeal in accordance with art. 167

before a panel of three members of the Supreme Administrative Court within 5 days from its

notification to the parties. The appeal shall suspend the enforcement of the ruling under para.

1. The court shall pronounce within 14 days of the opening of proceedings in a closed session

with a ruling which is final and binding.

Section V.

Appeals against decisions of the Commission for protection of competition before

the Supreme Administrative Court

Art. 178. (1) The decision of the CPC shall be subject to appeal before a panel of

three members of the Supreme Administrative Court within 14 days of its notification to the

parties.

(2) The Supreme Administrative Court shall pronounce within one month of receipt

of the appeal and its decision is final and binding.

(3) Outstanding issues relating the appeal proceedings before the Supreme

Administrative Court shall be subject to the terms and conditions and the procedure of Chapter

Twelve of the Code of administrative procedure.

Section VI.

Claiming announcement of a concession agreement invalid


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Art. 179. (1) Invalid shall be a concession agreement that is concluded:

1. without publication of a concession notice, and if applicable - of preliminary

information notice in the Official journal of the European Union – for a concession with a cross-

border interest;

2. without publication of a notice in the State Gazette – for concessions without

cross-border interest;

3. contrary to the published in the Official journal of the European Union,

respectively in the State Gazette notice of procedure initiation;

4. without a procedure for nomination of a concessionaire being carried out;

5. where despite the imposed suspension of the procedure for nomination of a

concessionaire procedural actions have been carried out;

6. before the time for the conclusion of the agreement starts elapsing.

(2) The concession agreement is invalid also where:

1. the concession is not included in the respective plan of action;

2. the procedure for nomination of a concessionaire is opened without approval by

the relevant authority;

3. the specific term is longer than the maximum period specified in the notice of

initiation;

4. contains a review clause, which includes an opportunity of extending the term of

the concession over the estimated total term of all eligible extensions referred to in the notice

of initiation;

5. in the course of the procedure for nomination of a concessionaire a reason arose

for its termination under art. 117, para. 2, sentence two;

6. the contents of the contract does not comply with the minimum content specified

in art. 122, para. 2, or conflict with another requirement of this Act.

(3) No claim can be filed to announce nullity of a concession agreement which was

concluded on the basis of an enforced ruling for the admission of preliminary enforcement.

(4) A claim to announce nullity of a concession agreement may be filed by any

interested party.

(5) The claim under par. 4 shall be filed subject to the provisions of the Civil

procedure code, within two months of the publication in the National concession registry notice

of a granted concession .

(6) Where a notice of a granted concession is not published, the claim shall be filed

within two months of becoming aware, but not later than one year from the conclusion of the

concession agreement.

Art. 180. (1) Any economic operator who has or has had interest in conducting a

new procedure for nomination of a concessionaire may file a claim to announce invalid a

supplementary agreement amending the concession agreement pursuant to art. 137, para. 6 or

art. 138, para. 4 pursuant to the Civil procedure code.

(2) The claim under par. 1 shall be filed within two months of publication of the

notice of amendment of a granted concession in the National concession registry. Where no

notice has been published, the claim shall be filed within two months of becoming aware, but

not later than one year from the conclusion of the supplementary agreement.

Section VII.

Claim for damages


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Art. 181. Any person who has appealed a decision, act or omission under this Act,

may file a claim for compensation for damages caused as a result of unlawful decision, act or

omission under the conditions and by the procedure of art. 203, para. 1, art. 204, para. 1, 3 and

4 and Art.. 205 of the Code of administrative procedure.

Art. 182. Any interested person who has suffered damage due to a decision, act or

omission of a public authority in the course of the procedure for nomination of a concessionaire,

may file a claim under the Act on Liability for Damages Incurred By the State and the

Municipalities.

Section VIII.

Penalties

Art. 183. (1) Where a concession agreement is concluded after allowed provisional

enforcement and illegality is established of the decision for nomination of a concessionaire or

nullity of the contested decision is declared, the CPC by the decision under art. 175, para. 2,

accordingly the Supreme Administrative Court by their decision under art. 178, para. 2, shall

impose on the grantor a penalty of 5 percent of the value of the concession.

(2) A penalty of one percent of the value of the concession shall be imposed on the

grantor in the cases under art. 175, para. 3.

Art. 184. The penalties under this section shall be imposed and paid from the budget

of the grantor, who has organized the procedure for nomination of a concessionaire, including

where the identified violation was made by a Committee designated by him.

Chapter seven.

CORRECTION OF VIOLATIONS IN THE PROCEDURE FOR

NOMINATION OF A CONCESSIONAIRE WITH TRANS-BORDER

INTEREST, ESTABLISHED BY THE EUROPEAN COMMISSION

Art. 185. (1) Where, before the conclusion of a concession agreement for a

concession with cross-border interest the European Commission has advised the Permanent

Representation of the Republic of Bulgaria to the European Union that a gross breach of the

EU law in the area of concessions has been committed, the Permanent representation shall

forward the notice on the day of its receipt or at the latest on the next working day to the

specialized Directorate of the CMA, as well as to the Ministry of Foreign Affairs and the

Ministry of finance.

(2) On the day of receipt of the notice the Director of the specialized Directorate of

the CMA shall send a copy thereof to the appropriate grantor.

(3) Where there is a complaint filed regarding the designated by the European

Commission violation, the grantor notifies the specialised Directorate of the CMA within three

days from the date of receipt of the notice under par. 2 and provides information on the progress

of the appeal proceedings.

(4) Beyond the cases referred to in par. 3 the grantor shall make an inspection for

the presence of the reasons why the European Commission considers that a serious violation

has been committed


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(5) As a result of the inspection under par. 4 the grantor within 14 days of receipt

of the notice under par. 2 shall:

1. correct the violation, or

2. terminate the procedure by a decision under art. 117, para. 1, item 4, or

3. by a decision stop the procedure for nomination of a concessionaire where they

consider the allegations by the European Commission unsupported and on the day of issue of

the decision they refer to the CPC with a request to establish the absence of illegality.

(6) Within three days from the respective action under par. 5 the grantor informs

thereof the specialised Directorate of the CMA and shall attach relevant evidence.

Art. 186. (1) Where the violation arises from the application of a regulatory act

which is not compliant with the European Union law, the grantor shall continue the procedure

and shall refer to the competent governmental authority within three days of the receipt of the

notification referred to in art. 185, para. 2.

(2) The authority under para. 1 within 14 days of such referral shall notify the

grantor and the specialised Directorate of the CMA about the measures to bring the regulatory

act in line with the European Union law.

Art. 187. (1) In the cases under art. 185, para. 5, item 3 the CPC within three days

from the date of its referral shall initiate proceedings and notify the grantor and the specialised

Directorate of CMA thereof.

(2) The proceedings under par. 1 shall be subject to application accordingly of the

provisions of Chapter Six, whereas parties to these proceedings shall be constituted ex-officio

the applicants or participants concerned.

(3) The Commission for protection of competition shall adopt a decision by which

the absence of illegality is established, and where there is illegality – the appropriate decision

under art. 175, para. 1, items 2 - 4.

(4) The suspension of the procedure, carried out by a decision of the grantor under

art. 185, para. 5, item 3, shall have effect until the final settlement of the dispute with an

enforced decision of the CPC.

(5) The Commission for protection of competition and the Supreme Administrative

Court shall notify the grantor of any decision and ruling in the proceedings under par. 1 within

three days from the date of the adoption, of issuing accordingly.

Art. 188. (1) On the day following the receipt of the information referred to in art.

185, para. 3 or of the evidence referred to in art. 185, para. 6, but no later than 21 days from the

receipt of the notice referred to in art. 185, para. 1, the specialised Directorate of the CMA shall

forward of the Permanent representation of the Republic of Bulgaria to the European Union,

with a copy to the Ministry of Foreign Affairs and the Ministry of Finance a response to the

European Commission concerning the alleged thereby violation, which includes as a minimum:

1. confirmation that the violation has been corrected, or

2. information on the act, by which the procedure has been suspended or terminated,

and/or about the proceedings before the CPC, and when the infringement arises from a

regulatory act - also information on the measures to bring the regulatory acy in accordance with

the European Union law.

(2) Relevant evidence shall be attached to the response under par. 1.


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Art. 189. The Commission for protection of competition and the Supreme

Administrative Court shall send decisions and rulings on the proceedings under this Chapter to

the specialised Directorate of the CMA within 7 days of their announcement.

Art. 190. The notices referred to in this Chapter, as well as the attached documents

are sent electronically with electronic signature or by fax.

Chapter eight.

NATIONAL CONCESSION REGISTRY

Art. 191. (1) The Council of Ministers through the specialized Directorate of the

CMA maintains National concession register in which particulars of concessions are registered.

(2) (in force since 31.01.2019) The National concession registry is maintained as a

centralized electronic information system, which contains a database:

1. about the procedures for nomination of a concessionaire, conducted pursuant to

this Act;

2. about all concessions, regardless of the order of their awarding or granting;

3. with an information section, which includes the National strategy for the

development of the concessions, the action plans for state and municipal concessions,

applicable regulatory acts on concessions, guidelines, instructions and other documents and

information related to the monitoring, management and control of concessions;

4. with other information related to concessions, established by a decision of the

Council of Ministers.

(3) (in force since 31.01.2019) The database is in electronic form and generated

electronically through exchange of electronic documents and of electronic image of the other

documents.

(4) (in force since 31.01.2019) Electronic database is created and maintained in a

manner that:

1. ensures protection of the data against deletion and being improperly modified;

2. provides access to the electronic information system for data entry by authorised

persons;

3. provides information for the accurate determination of the date and time of data

entry.

(5) (in force since 31.01.2019) The National concession registry may provide an

opportunity for selection of information and for obtaining analytical reports to support the

strategic development, planning, monitoring, and management and control in the field of

concessions.

(6) The National concession registry is public, and it is accessible via the Internet.

Art. 192. (in force since 31.01.2019) (1) The National concession registry contains

separate batches with a unique identifier by kinds of concessions (state, municipal and joint)

for each procedure for nomination of a concessionaire and for each awarded concession,

distributed by grantors.

(2) The batch of each procedure for nomination of a concessionaire under this Act

shall contain minimum:

1. the batch ID and date of its opening;

2. type of concession;

3. title of the concession;


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4. type of the procedure for nomination of a concessionaire;

5. the notice of initiation in the form in which it was sent for publication in the

Official journal of the European Union, respectively, in the State Gazette;

6. decisions and notices of amendment, where appropriate;

7. concession documentation, in which the information protected by law and

sensitive information is protected;

8. clarification and additional information provided by the commission in the

course of the procedure for nomination of a concessionaire;

9. grantor’s decisions for awarding or granting the concession, as well as decisions

to amendment and terminate the concession agreement, where such are issued;

10. filed complaints during the procedures for nomination of a concessionaire, as

well as the definitions and rulings thereon;

11. a written report on the procedure in a standard form that contains minimum the

following information:

a) information about the grantor;

b) information under items 2 - 4;

c) title of the concession;

d) the number of applicants or participants, having filed and application;

e) the number of disqualified applicants or participants;

f) the number of participants with ranked offers, as well as the name and nationality

of these participants;

g) name and nationality of the participant nominated as the concessionaire;

h) estimated value of the concession and the value of the concession, as determined

in the procedure;

i) the maximum duration of the concession and duration of the concession specified

in the procedure;

j) date of completion of the procedure, date of termination, respectively;

k) grounds for the termination of the procedure.

(3) Each concession batch shall contain minimum:

1. batch ID and date of opening;

2. type of concession;

3. name of the concession;

4. notice of awarded concession where publication of such is required;

5. an electronic image of the original of the concession agreement in which

information protected by law, sensitive information and information identified as confidential

is deleted;

6. decisions and notices of amendment of the concession agreement, where

applicable;

7. electronic image of any supplementary agreement to the concession agreement

where applicable;

8. information on the implementation of the concession agreement in a standard

form;

9. information on subcontracts in a standard form.

(4) The Council of Ministers approves by a decision the content of batched under

para. 2 and 3, including samples of the written report referred to in par. 2, item 11, and of the

information referred to in para. 3, item 8, and the nomenclature of analytical reports under art.

191, para. 5. By the decision referred to in art. 191, para. 2 item 4, the Council of Ministers may

lay down requirements concerning the inclusion of the information, as well as a standard form

for its provision in the National concession registry.


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(5) All amendments of the entries shall also be included under every concession

batch.

(6) A link between the batch of the procedure and the batch of the concession shall

be provided for the concessions awarded in accordance with this act.

Art. 193. (in force since 31.01.2019) (1) The opening of the batch, entry of

information and publication of documents in the National concession registry shall be carried

out by one or more officials nominated by the grantor.

(2) Access of the persons referred to in para. 1 to the National concession registry

is available with a unique ID code that is provided by the specialized Directorate of the CMA

at grantor’s request.

(3) The persons referred to in para. 1 shall make entry of the information in the

National concession registry through electronic forms available on the registry's website.

(4) The persons referred to in para. 1 shall make an entry of the information and

publish the documents in the National concession registry within the time limits laid down by

this law, and for the entries for which there is no explicit time limit set – within 30 days of the

implementation of the act or of the drawing up of a document, subject to entry, to publication

respectively.

(5) The maintenance of the National concession registry shall be carried out by

officials in the specialized Directorate of the CMA nominated by an order of the Prime Minister

or of an official nominated thereby.

Art. 194. The outstanding issues concerning the entry of information and

publication of documents in the National concession registry, as well as its maintenance, shall

be subject to the Electronic Government Act.

Chapter nine.

ADMINISTRATIVE PENAL PROVISIONS

Art. 195. (1) A grantor, who violates a principle of art. 4, par. 1 during the award

of the concession, including where they have not provided for the publication of the respective

notice of initiation, shall be punished with a fine of 2 percent of the value of the concession,

VAT inclusive, but not more than 50 000 BGN.

(2) The punishment under para. 1 shall be imposed also on a grantor, concluding

an agreement with the characteristics of a concession agreement without conducting a

proceeding under this act, except in the cases referred to in Appending 4. Punishment shall not

be imposed where the contract is concluded after conducting a procedure under the Public

procurement act.

(3) A grantor executing a supplementary agreement to a concession agreement,

without the grounds for amendment under art. 137-139, is punishable by a fine of 10 000 to

15 000 BGN.

Art. 196. (1) The grantor who determines the estimated value of a concession

agreement in violation of the requirements of art. 28, is punishable by a fine of 5000 to 10 000

BGN.

(2) Where the offence under para. 1 is combined with the award of a concession

under a more favourable procedure than the one provided for in this act, the grantor is

punishable by a fine of 2 percent of the value of the concession agreement, VAT inclusive, and


Page 69 of 90

where there is no written contract -the penalty shall be 2 percent of the incurred expense or of

the undertaking to make an expense, but in any case not more than 20 000 BGN.

Art. 197. A member of the commission, who has failed to file an application for

exemption by the commission in the cases under art. 80, par. 6, item 2, shall be punishable with

a fine from 1000 to 2500 BGN, unless the act constitutes a crime.

Art. 198. (1) An official who fails to fulfill the obligation for the detection of batch

data entry or to publish the document in the national concession registry at the stated time, is

punished with a fine of 1000 to 2000 BGN. (2) an official who published false data in the

national concession registry, is punishable by a fine of 2000 to 5000 EUR, unless the Act

constitutes a crime.

Art. 199. A person who represents a public partner in a public-private company

being a contractor of a concession agreement, failing to exercise the locking quota under art.

22, para. 4, is punishable by a fine of 15 000 to 20 000 BGN, unless the act constitutes a crime.

Art. 200. A grantor failing to submit the report of the APPPC under art. 42, para. 3

to the Coordinating council or submits it without a time schedule for the implementation of the

recommendations, is punishable by a fine of 5000 BGN.

Art. 201. (1) The acts establishing violations under this act found by the Chamber

of Auditors authorities shall be drawn up by authorised auditors within 6 months from the day

on which the offender was found, but no later than three years from the violation.

(2) The penal decrees shall be issued by the Chair of the Chamber of auditors or by

officials authorised thereby.

Art. 202. (1) The acts establishing offences under this act shall be drawn up by

officials of the Agency for State financial inspection within 6 months from the day on which

the offender was found by authorities of the Agency furing the financial inspection or check,

but no later than three years from the infringement.

(2) Penal decrees shall be issued by the Minister of finance or by officials

authorised thereby.

Art. 203. The establishment of offences, issuance, appeal and the enforcement of

the penal decrees shall be carried out in accordance with the Administrative offences and

penalties act.

Art. 204. (1) A person failing to comply with enforced decisions and/or rulings of

the CPC, shall be imposed a penalty, a proprietary sanction accordingly of 1000 to 50 000 BGN.

(2) The Commission for protection of competition shall establish the violation and

imposes the penalties under par. 1 by a decision subject to appeal before the Supreme

Administrative Court in accordance with Chapter Ten of the Code of administrative procedure.

Additional provisions


Page 70 of 90

§ 1. Within the meaning of this act:

1. "Electronic signature" is an advanced or qualified electronic signature within the

meaning of art. 13, para. 2 and 3 of the Act on electronic document and electronic certification

services.

2. "Electronic means" are devices (electronic equipment) for electronic processing

including digital compression, storage and transmission of data via cable, radio waves, optical

or other electromagnetic means.

3. "Interested applicant" is an applicant who has been disqualified from

participation in the procedure for nomination of a concessionaire during the shortlisiting and/or

selection but has not been informed of the disqualification or the appeal proceedings of the

decision, disqualifying them is pending.

4. "Interested participant" is a participant who has been rated, but is not nominated

as a concessionaire, as well as a participant who has been disqualified in a procedure for

nomination of a concessionaire, but the decision disqualifying them, has not entered into force.

5. "Interested person" is a person who has or had an interest in the conclusion of a

concession agreement and who has suffered or may be harmed by the alleged infringement.

6. "Law of the country in which the applicant or participant is based" is for:

a) individuals - their national law within the meaning of art. 48 of the Private

international law code;

b) legal entities - the law of the state determined pursuant to art. 56 of the Private

international law code;

c) a group of economic operators - the law of the country of the participant, who

represents the group, or the lead partner.

7. "Innovation" is the implementation of a new or significantly improved product,

service or process, including, but not limited to, manufacturing or construction processes, a new

marketing method or a new method of organisation of economic activities, the workplace or the

external relations.

8. (amend. - SG 7/18) "Conflict of interest" is the presence of private interest in the

award of a concession within the meaning of the Act on Counteracting Corruption and on

Seizure of Illegally Acquired Property for the grantor, the grantor's employees or other persons

who are involved in the organization and the conducting of the procedure for nomination of a

concessionaire or may affect the outcome thereof.

9. "Common procurement vocabulary" is a hierarchically structured nomenclature

for classification, divided into sections, groups, classes, categories and subcategories, adopted

by Commission Regulation (EC) No 2195/2002 of the European Parliament and of the Council

of 5 November 2002 on the Common procurement vocabulary in connection with public

procurement (CPV).

10. "Confidential" is the information defined as commercial or technical secret in

the offers of economic operators or in the concession agreements.

11. "Postal service" is a service for acceptance, transport and delivery of mail and

courier service within the meaning of the Postal services act.

12. "Programme period" is the period, concurrent with the respective multiannual

financial framework of the European Union.

13. "Professional competence" is the presence of knowledge obtained through

education or additional training, and/or the skills acquired through the exercise of a certain job

or a position in the implementation of employment, business or civil legal relationships.

14. "Public funds" is a term, defined in the Act on financial management and

control in the public sector.


Page 71 of 90

15. "Public undertaking" is a state-owned enterprise established according to the

provision of art. 62, para. 3 of the Commerce act, as well as a single-member company, the

capital of which is owned by the state or the respective municipality.

16. "Related persons" are:

a) lineal relatives, without limitation;

b) collateral relatives – up to the fourth degree inclusive;

c) relatives by marriage up to the second degree inclusive;

d) spouses or persons who are in de facto conjugal cohabitation;

e) partners;

f) persons one of which participates in the management of the company of the other;

g) company and a person holding more than 5 percent of the stake or of the shares

issued with voting rights in a company;

h) a company, the capital of which is 100 percent state or municipal property, and

a person who exercises the rights of the state, accordingly of the municipality, in this company.

17. "Similar procedure under the laws of the state in which they are based" is a

procedure similar to bankruptcy or liquidation within the meaning of the Commerce act where

the economic operator's assets are managed by a liquidator or trustee in bankruptcy, or by the

court, where there is an agreement with the creditors and their business has been terminated, or

otherwise under the national legislation of the economic operator.

18. "Gross professional misconduct" is a violation by an economic operator of the

applicable laws or secondary legislative regulations or ethical standards of the profession, to

which they belongs, as well as of the intellectual property rights.

19. "Legal structure" is the overall legal model of settlement of relations between a

grantor and a concessioner, between them and the financing institution, method of financing

and provision of collateral, relations with customers, liability to other persons in the course of

works and/or services, deferral or termination terms and conditions, acquisition and transfer of

property or return of the object of the concession, as well as all other legal issues that matter

for the award of the concession. The legal structure shall also include the relationship between

the partners in a public-private company, relations between the concessioner and the grantor

where a group of economic operators participates or establishment of a project company is

provided for.

20. "NUTS" is the nomenclature of territorial units for statistical purposes pursuant

to Regulation (EC) no 1059/2003 of the European Parliament and of the Council of 26 May

2003 on the establishment of a common classification of territorial units for statistics (NUTS).

§ 2. This act shall introduce the requirements of:

1. Directive 2014/23/EC of the European Parliament and of the Council of 26

February 2014 for the award of the concession agreements.

2. Council directive of 21 December 1989 on the coordination of laws, regulations

and administrative provisions relating to the application of the appeal procedures to the award

of public supply and public works (89/ 665/EEC) concerning the requirements relating to public

works concessions and service concessions.

Transitional and concluding provisions

§ 3. This act shall repeal:

1. The Concession act (prom. SG 36/06; amend. SG 53, 65 and 105/06, SG 41, 59

and 109/07; SG 50, 67 and 102/08; SG 47, 99 and 103/09; SG 52 and 54/10; SG 50 and 73/11;

SG 45 and 102/12; SG 15, 24 and 66/13; SG 98 and 107/14; SG 14/15 and SG 13 and 43/16);


Page 72 of 90

2. The Public-private partnership act (prom. SG 45/12; amend. SG 87 and 102/12;

SG 15/13; SG 13/16 and SG 85/17).

§ 4. (1) Where, pending the entry into force of this act, there is an adopted decision

to open a procedure for granting of a concession under art. 39 of the revoked Concession act,

the procedure shall be finalized according to the existing procedure.

(2) Where, pending the entry into force of this act a complaint has been filed to the

CPC, respectively, before the Supreme Administrative Court, the appeal proceedings shall be

instituted and finalized according to the existing procedure.

§ 5. (1) Concession agreements concluded before the entry into force of this act

shall keep their effect and shall be implemented in accordance with the agreed terms and

conditions thereof.

(2) The provisions of this act concerning any amendment, including the duration,

and the termination of concession agreements shall apply to contracts referred to in par. 1. In

case of any amendment of a contract under par. 1 a notice of amendment of the concession

granted in accordance with art. 141, para. 3 shall be published.

(3) Consequences of termination of contracts under para. 1 shall be settled in

accordance with the law applicable at the date of conclusion of the contract.

(4) The provisions of this act shall also apply to subcontractors under the contracts

referred to in par. 1.

§ 6. Within 6 months of the entry into force of this act the Council of Ministers

shall:

1. adopt the ordinances under art. 35 and 44;

2. bring the Structural regulations of the Agency for the privatisation and post-

privatisation control in accordance with this act;

3. approve a tariff for the fees collected in proceedings under Chapter Six.

§ 7. Within 6 months of the entry into force of this act the Council of Ministers

shall approve the National strategy for the development of concessions.

§ 8. Within three months of the approval of the National strategy for the

development of concessions the Council of Ministers and municipal councils shall approve an

action plan for the state concessions, accordingly an action plan of municipal concessions.

This act was adopted by the 44-th National Assembly on 16 November 2017 and

stamped with the official seal of the National Assembly.


TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON

LIMITATION OF THE ADMINISTRATIVE REGULATION AND THE

ADMINISTRATIVE CONTROL OVER THE BUSINESS ACTIVITY

(PROM. - SG 103/17, IN FORCE FROM 01.01.2018)

§ 68. The Act shall enter into force on 01 January 2018.


Page 73 of 90


TO THE MARKETS IN FINANCIAL INSTRUMENTS ACT

(PROM. – SG 15 OF 2018, IN FORCE FROM 16.02.2018)

§ 42. This Act shall enter into force on the day of its promulgation in the State

Gazette, with the exception of:

1. Article 222, Para. 1-3, which shall enter into force on 3 September 2019;

2. paragraph 13, item 12, letter a, which shall enter into force on 1 January 2018;

3. paragraph 13, item 12, letter b, which shall enter into force on 21 November

2017;

4. paragraph 17, item 37 concerning Art. 264a and item 39 regarding Art. 273b,

which shall enter into force on 1 January 2020.

Appendix No1 to art. 7, par. 2, item 2

CONSTRUCTION AND INSTALLATION WORKS AND ACTIVITIES

СРV code

SECTION Е CONSTRUCTION

Subdivision Group Class Subject Notes

45 Construction This Division includes:

- construction of new

buildings and facilities,

reconstruction and general

repair works

45000000

45.1 Site preparation

work

45100000

45.11 Building

demolition and

wrecking work and

earthmoving work

This class includes:

- demolition of buildings

and other structures;

- wrecking works on

construction sites;

- earthmoving work:

excavation work, removal

of contaminated soil layers;

flattening and leveling of

construction sites, digging

of ditches, cleaning out

stones, blasting, etc.;

- preparation of extraction

areas;

- removal of silt and other

preparation of areas for

mining.

This class also includes:

45110000

https://www.bipsolutions.com/cpv-code-search/





Page 74 of 90


СРV code



- drainage of construction

site;

- drainage of agricultural

lands and forests

45.12 Excavating and

earthmoving work


- excavating, earthmoving

works and sampling for

construction, geophysical,

geological and other similar

purposes.


- drilling for oil or gas

wells, see 11.20;

- drilling for water wells,

see 45.25;

- digging of shafts, see

45.25;

- exploration of oil and gas

fields, geophysical,

geological and seismic

studies, see 74.20.

45120000

45.2 W orks for

complete or part

construction and

civil engineering

work

45200000

45.21 Construction and

installation works

for general

construction of

buildings and

construction

facilities


- construction of all types of

buildings, construction and

installation works for

general construction;

- bridges, including

overhead roads, viaducts,

tunnels and pedestrian

underpasses;

- transfer lines,

telecommunication lines

and transmission lines;

- urban lines, urban

telecommunication lines

and transmission lines;

- ancillary urban works;

45210000

with the

exception

of:

- 45213316

45220000

45231000

45232000







Page 75 of 90


СРV code



- on site assembling and

installation of prefabricated

structures.

This class excludes:

- services related to the

extraction of oil and gas,

see 11.20;

- installation of

prefabricated assembled

structures from parts being

company own production,

not from concrete, see

subdivisions 20, 26 and 28;

- construction works, but

not buildings, of stadiums,

swimming pools,

gymnasiums, tennis courts,

golf courses and other

sports facilities, see 45.23;

- construction and

installations works of

systems, see 45.3;

-finishing works, see 45.4;

-architectural and

engineering services, see

74.20;

-project management

services related to

construction, see 74. 20.

45.22 Roof works and

related works of

roof frames and

coverings

This class includes::

- construction and

installation works of roof

structures;

- roof coverings;

- waterproofing works.

45261000


installation works

of highways, roads,

airfields and sport

fields.


- construction and

installation works of

highways, streets, roads,

other transport and walking

routes;

- construction of railways;

45212212

and DA03

45230000

Except for:

- 45231000

- 45232000

- 45234115


Page 76 of 90


СРV code



- construction of airfields;

- construction works, but

not buildings, of stadiums,

swimming pools,

gymnasiums, tennis courts,

golf courses and other

sports facilities;

- works for marking of

roads and parking lots.


- preliminary earth words,

see 45.11.


installation works

for water projects


- construction and

installation works of:

- waterways, harbour and

river shore facilities,

marinas (yacht clubs),

locks, etc.;

-dams and dikes;

-dredging works;

- under water

construction and

installation works

45240000

45.25 Other specialized

construction and

installation works


- construction and

installation works,

specialized for one activity,

common to different

structures, requiring

specialized skills or

equipment;

- foundations, including

strengthening by piles;

-construction and drilling

of water wells, digging of

shafts;

- installation of steel

components -foreign

manufacture;

- reinforced concrete

pouring;

45250000

45262000


Page 77 of 90


СРV code



-masonry work;

-mounting and dismantling

of scaffolding and

platforms, including renting

out of scaffolds and

platforms;

-construction of chimneys

and industrial ovens.


- renting of scaffolds

without assembly and

dismantling, see 71.32.

45.3 Building

construction and

installation work.

45300000


installation works

of electrical

systems


installation in buildings or

other construction facilities

of:

- power supply systems and

other electrical systems;

- telecommunications

systems;

-electrical heating systems;

- antennas for residential

buildings;

- fire alarm systems;

- security alarm systems;

- elevators and escalators;

- Lightning rods, etc.

45213316

45310000

Except for:

- 45316000

45.32 Insulation

construction works


- installation in buildings or

in other construction

facilities of thermal

insulation, soundproofing

and insulation from

vibrations.


- waterproofing, see 45.22.

45320000

45.33 Plumbing works This class includes:: 45330000


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СРV code



- installation in buildings or


facilities of:

- water supply and sewage

systems;

- gas supply systems;

- heating, ventilation or air

conditioning systems and

pipelines;

- spraying systems.


- installation of electric

heating systems, see 45.31.


installation works

of other systems.


- installation of lighting and

signaling systems for roads,

railways, airports and ports;

- installation works in

buildings or in other

construction facilities of

other systems.

45234115

45316000

45340000

45.4 Finishing

construction works

45400000

45.41 Plastering work This class includes::

- application in buildings or


facilities of interior and

exterior plastering or other

finishing materials

45410000

45.42 Installation of

finishing

components


- installation of doors,

windows, window frames,

fitted kitchens, stairs,

interior components for

outlets and other similar

components - which are not

company own production;

- Interior finishing works

such as ceilings, wood

45420000


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СРV code



panelling, movable

partitions, etc.


- laying of parquet and

other type of wood flooring,

see 45.43.

45.43 Floor and wall

covering work


- works for covering in

buildings or in other

construction facilities of:

- ceramic, concrete or stone

flooring and wall coverings;

- parquet and other floor

coverings, carpets and

linoleum

- including rubber or

plastic; -Mosaic, marble,

granite or tile flooring or

wall cladding;

- wallpaper

45430000

45.44 Painting and

glazing work


- interior and exterior

painting of buildings;

- painting of other

construction facilities;

- glazing works, installation

of mirrors, etc.


- installation of windows,

see 45.42.

45440000

45.45 Other building

completion works


- installation of private

swimming pools;

- steaming, sandblasting,

and other similar activities

for building exterior

cleaning;

-other building completion

and finishing works.

45212212

and DA04

45450000


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СРV code




-interior cleaning of

buildings and other

construction facilities, see

74.70.

45.5 Hire of

construction and

civil engineering

machinery and

equipment with

operator

45500000

45.50 Hire of

construction and

civil engineering

machinery and

equipment with

operator


- hire of civil engineering

machinery and equipment

without operator, see 71.32.

45500000

Appendix No. 2 to art. 8, par. 2

ACTIVITIES FOR THE IMPLEMENTATION OF WHICH A

CONCESSION FOR SERVICES MAY BE AWARDED (SECTORAL ACTIVITIES)

1. Gas and heat-related activities:

a) provision or operation of fixed networks intended to provide a service to the

public in connection with the production, transfer or distribution of gas or heat;

b) supply of such fixed networks of gas or heat.

The supply of gas or heat to fixed networks for public services shall not be accepted

as an activity under item 1, where the following conditions are met:

aa) the generation of gas or heat is an inevitable consequence of carrying out an

activity other than those indicated in item 1 or items 2 and 3;

bb) the sole objective of the supply to the public network is the economic

exploitation of such generation and amounts to not more than 20 per cent of the manufacturer’s

turnover, taking into account the average for the preceding three years, including the current

year.

The supply includes the generation/production, wholesale and retail trade with gas

and does not include the production of gas in the form of gas extraction.

2. Electrical energy-related activities:

a) the provision or operation of fixed networks intended to provide a service to the

public in connection with the generation, transfer or distribution of electricity;

b) power supply of such fixed networks.


Page 81 of 90

The electrical power supply include generating/production, wholesale and retail

sale of electricity. Power supply of networks for public services shall not be regarded as an

activity under item 2, where the following conditions are met:

aa) power generation is carried out because its consumption is necessary for

carrying out an activity other than those referred to in items 1 - 3;

bb) power supply to the public network depends only on the producer’s own

consumption and shall not exceed 30 per cent of their gross production of energy, taking into

account the average for the preceding three years, including the current year.

3. Activities relating to the provision or operation of networks for public services

in the field of automated transport systems, tramway, trolley bus, bus transport and cableways.

In respect of transport services, it is considered that there is a network, where the

service is provided under operating conditions laid down by a competent authority, and they

can include the conditions on the operated routes, the capacity that must be available, or the

frequency of the service.

4. Activities related to the exploitation of a geographical area with the aim of

securing of airports and maritime or inland ports or other terminals to carriers by air, sea or

inland waterway.

5. Activities related to the provision of:

a) postal services;

b) "services other than postal services" means services which do not fulfil the

conditions under art. 130 of the Public procurement act and if they are provided to an entity,

which provides also services referred to in sub-item “a”.

For the purposes of this Appendix:

aa) "parcel post" is an addressed parcel in the final form in which it is carried,

regardless of the weight; in addition to the correspondence items these consignments include

books, catalogues, newspapers, periodicals and postal packages containing merchandise with

or without commercial value, irrespective of the weight;

bb) "postal services" means services consisting of collection, sorting, transport and

delivery of postal items, whether they fall in the scope of the universal postal service within the

meaning of the Postal services act, or outside its scope;

cc) " services other than postal services" means services provided in the following

areas:

- services for mail servicing (both pre- and post-sending services, including the

"distribution services at the post office");

- services concerning postal items not covered by sub-item “a” as a direct

correspondence without indicated address.


SOCIAL AND OTHER SPECIFIC SERVICES

CVP code Description

75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0

(Intermediary services for the provision to persons of work in households);

79624000-4 (Supply services of medical nursing personnel) and 79625000-

1 (Supply services of senior medical care personnel) from 85000000-9 to

85323000-9; 98133100-5, 98133000-4, 98200000-5 and 98500000-8 (

Private households with employed persons) and from 98513000-2 to

98514000-9 ( Manpower services for households, Agency staff services for

Services related to health

care, social and other similar

activities





Page 82 of 90



households, Clerical staff services for households, Temporary staff for

households, Home-help services and services, provided by persons

engaged in households );

85321000-5 and 85322000-2 (Services to the state government and

defense), 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to

79995200-7; from 80000000-4 Education and training services to

80660000-8; from 92000000-1 to 92342200-2; from 92360000-2 to

92700000-8;

79950000-8 (Exhibition, fair and congress organisation services.),

79951000-5 (Seminar organisation services.), 79952000-2 (Event

services), 79952100-3 (Cultural event organisation services), 79953000-9

(Festival organisation services), 79954000-6 (Party organisation services),

79955000-3 (Fashion shows organisation services), 79956000-0 (Fair and

exhibition organisation services);

Administrative, social,

education, health care and

cultural services

75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4,

75314000-0, 75320000-5, 75330000-8, 75340000-1;

Social security services

98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3; Other community, social and

personal services, including

services provided by trade

union organizations, political

organizations, youth

associations and other

membership organizations.

98131000-0; Religious services

55100000-1 to 55410000-7; 55521000-8 ot 55521200-0 (55521000-8

catering services for private households, 55521100-9 Meals-on-wheels

services, 55521200-0 Meal delivery service);

55520000-1 (Catering services), 55522000-5 (Catering services for

transport enterprises), 55523000-2 (Catering services for other enterprises

or other institutions), 55524000-9 (School catering services);

55510000-8 (Canteen services), 55511000-5 (Canteen and other restricted-

clientele cafeteria services), 55512000-2 (Canteen management services),

55523100-3 (School-meal services);

Hotel and restaurant services

from 79100000-5 to 79140000-7; 75231100-5; Leg al services, as far as they

are not excluded according to

Section I, item 5, sub-item

"г" of Appendix No. 4 to art.

26.

from 75100000-7 to 75120000-3; 75123000-4; from 75125000-8 to

75131000-3;

Other administrative services

and services for the

government

from 75200000-8 to 75231000-4; Government services for the

community in general


Page 83 of 90



From 75231210-9 to 75231230-5; from 75240000-0 to 75252000-7;

794300000-7; 98113100-9;

Imprisonment services,

public security services and

rescue services, as far as they

are not excluded in

compliance with Section I,

item 5, sub-item “g” of

Appendix No. 4 to art.. 26

From 79700000-1 to 79721000-4 (Investigation and security services,

Security services, Alarm-monitoring services, Guard services, Surveillance

services, Tracing system services, Absconder-tracing services, Patrol

services, identification badge release services, Investigation services and

Detective agency services), 79722000-1 (Graphology services), 79723000-

8 (Waste analysis services);

Investigation and security

services

98900000-2 (services provided by extra-territorial organizations and

bodies) and 98910000-5 (Services specific to international organizations

and bodies);

International services

64000000-6 (Postal and telecommunications services), 64100000-7

(National post services, courier services), 64110000-0 (Post and courier

services), 64111000-7 (Postal services related to newspapers and

periodicals), 64112000-4 (Postal services related to letters), 64113000-1

(Postal services related to parcels), 64114000-8 (Post office counter

services), 64115000-5 (Mailbox rental), 64116000-2 (Post-restante

services), 64122000-7 (Internal office mail and messenger services);

Postal services

50116510-9 (Tyre-remoulding services), 71550000-8 (Blacksmith services). Other services to the public

Appendix No. 4 to art. 26

(Amend. – SG 15/18, in force from 16.02.2018)

ACTIVITIES OR CONTRACTS INVOLVING WORKS OR SERVICES TO

WHICH THIS ACT DOES NOT APPLY

Section I

List of exceptions from the scope of the act

1. Contracts for services performed by economic operators on the basis of an

exclusive right. The right is exclusive where it has arisen by virtue of a regulatory or

administrative act in accordance with the rules for access to the market laid down by the Treaty

on the functioning of the European Union, and with the law of the European Union, by which

the possibility of exercising of a certain activity is limited to one economic operator.

2. Contracts for air services, based on the issuance of an operating license, within

the meaning of Regulation (EC) no 1008/2008 of the European Parliament and of the Council

of 24 September 2008 on common rules for the operation of air services in the Community, or

for concessions for public passenger transport services within the meaning of regulation (EC)

No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public


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passenger transport services by rail and by road and repealing Regulations (EEC) No 1191/69

and (EEC) No 1107/70 of the Council.

3. Contracts that the grantor is obliged to assign or arrange in accordance with the

procedures laid down by:

a) an international agreement concluded in accordance with the Treaty on the

functioning of the European Union between the Republic of Bulgaria and one or more third

states or their subdivisions for works, supplies or services intended for joint implementation or

exploitation of a project by the signatories thereof;

b) the rules of an international organization or international financing institution,

where the respective concession is entirely funded by the respective organisation or institution;

for concessions, mainly co-financed by an international organization or an international

financing institution, the parties agree the applicable procedures for the award thereof.

4. Contracts in the field of defense and security:

a) to which special procedural rules apply:

aa) pursuant to an international agreement or agreements entered into by the

Republic of Bulgaria individually or with other European Union Member States, with one or

more third states;

bb) defined by an international agreement or agreements relating to the stationing

of troops and concerning undertakings of European Union Member State or of a third state;

cc) of an international organisation, which carries out purchases for their own

purposes, or for concessions to be awarded by an European Union Member State, in accordance

with these rules;

b) for which the application of the act is related to the provision by the Republic of

Bulgaria of information the disclosure of which is contrary to the major interests in the field of

security or where the award and implementation of the concession have been declared

confidential or should be accompanied by special security measures in accordance with the

legislation in force with a view to the protection of the essential interests of the security of the

state;

c) which are granted within a cooperation program pursuant to art. 149, para. 1,

item 4 of the Public procurement act;

d) which are granted by the Republic of Bulgaria to another European Union

Member State, in conjunction with:

aa) works and services, which are directly related to military equipment or with

equipment associated with classified information;

bb) works and services specifically designed for military purposes or for the

purposes of protection of classified information;

e) which are awarded in a third state and are implemented during the deployment

of forces outside the territory of the European Union, where operational needs require the

conclusion of these contracts with economic operators established in the area of operations;

f) where the protection of the essential interests of the Republic of Bulgaria in the

field of security cannot be ensured by measures which are less intrusive, for example by

imposing requirements aiming at protection of confidentiality of the information provided by

the grantor in the course of the procedure for the award of a concession contract, as provided

for in this act.

5. Service contracts for:

a) the acquisition or rental, by whatever financial means, of land, existing buildings

or other immovable property or of rights thereon;

b) the acquisition, development, production or co-production of material for

broadcasts, intended for audiovisual media services or radio services awarded by suppliers of


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radio services or audio-visual media services or concessions for broadcasting time or provision

of programs to be awarded to suppliers of radio services or audiovisual media services;

c) arbitration and conciliation services;

d) legal services relating to:

aa) representation of a customer of a law firm or by an attorney in an arbitration or

conciliation procedure in an European Union Member State, a third state or before an

international arbitration or conciliation body or in proceedings before the Court, jurisdiction or

a public authority of an European Union Member State or a third state or before an International

Court of Justice, jurisdiction or institution;

bb) provision of legal advice by a law firm or by an attorney for the preparation of

proceedings under sub-item "aa", as well as the provision of legal advice on matters that may

become subject of the proceedings under sub-item "aa";

cc) authentication and certification of documents, which must be done by a Notary

public;

dd) their provision by persons, determined by a court or a competent authority or

pursuant to law, where the performance of the services is under the supervision of the court or

of the competent authority;

ee) exercising of functions of state authorities, including enforcement services

provided by a bailiff;

e) (amend. – SG 15/18, in force from 16.02.2018) for financial services in

connection with the issue, sale, purchase or transfer of securities or other financial instruments

within the meaning of art. 4 of the Financial instruments market act, central banks services and

operations carried out with the European instrument for financial stability and the European

stability mechanism;

f) loans, regardless of whether they are connected with the issue, sale, purchase or

transfer of securities or other financial instruments;

g) services relating to civil defense, civil protection and prevention of dangers that

are provided by non-profit legal entities and falling within the scope of the codes 75250000-3,

75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9

and 85143000-3 as per CPV, with the exception of services for the transport of patients in an

ambulance;

h) services related to political campaigns, falling within the scope of the codes

79341400-0, 92111230-3 and 92111240-6 as per CPV, where they are awarded by a political

party within the election campaign.

6. Service contracts for the organisation of lotteries, falling within the scope of the

CPV code 92351100-7 which are awarded to an economic operator on the basis of an exclusive

right.

7. Contracts relating to the provision or operation of public electronic

communication networks or the provision of one or more of the publicly available electronic

communication services within the meaning of § 1, item. 39, respectively item 40 of the

Supplementary provisions of the Electronic communications act.

8. Concession contracts, which, regardless of their subject, shall be awarded by a

grantor to a legal person for which the following circumstances are simultaneously present:

a) the grantor individually or jointly with one or more other grantors, exercises over

the legal entity control, similar to the one exercised over their own structural units;

b) more than 80 per cent of the activity of the legal entity is formed by the execution

of activities assigned by the grantor of their separate structures, or by other legal entities

controlled by the grantor;


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c) in the legal entity there is no direct private equity participation, with the

exception of one that is not associated with control or blocking powers and there is no decisive

influence on the activities of the legal person.

9. Concession contracts, which, notwithstanding of their subject have been

concluded between two or more grantors where the following conditions are met at the same

time:

a) with the agreement cooperation between the parties is established or takes place

in order to ensure that their obligations for the provision of services for the benefit of society

are performed in order to achieve their common goals;

b) the cooperation is governed solely by grounds relating to the public interest;

c) over the past three years the involved grantors have carried out on the open

market less than 20 per cent of the activity connected with the cooperation.

10. Concession agreements awarded to a legal person under item 8 by two or more

grantors, provided that the joint venture was established to carry out the respective activity

subject to the concession, for a period of minimum three years and that the Memorandum of

incorporation of the joint venture provides for the grantors having incorporated it to keep their

participation in it at least for the same period of time.

Section II

Special rules for the application of certain exceptions

1. In the cases referred to in item 8, sub-item “a” of section I:

a) the grantor exercises control over the legal entity, similar to the one exercised

over their own structural units, where there is a decisive influence on the strategic objectives

and significant decisions of this legal entity; such control may be exercised also by another

legal entity that is controlled in the same way by the grantor;

b) grantors exercise over a certain legal entity joint control where the following

conditions are met simultaneously:

aa) the managing and supervisory bodies of the legal entities consist of

representatives of all involved in the control grantors, where individual representatives may

represent several or all involved grantors;

bb) these grantors may jointly exercise decisive impact on the strategic objectives

and significant decisions of the legal entity;

cc) the legal entity has no interests that are in conflict with the controlling grantors’

interests.

2. In the cases referred to in items 8 and 9 of Section I for determining the

percentage of the activity, the average overall turnover or another suitable parameter shall be

taken into account, which measures the performance of the activity for the last three years.

3. In the cases referred to in items 8 and 9 of Section I, where, owing to the date of

incorporation or of the commencement of the activities of the legal entity or the grantor or

because of a reorganization of their activities there are no data of the turnover or where these

data are no longer up to date, it shall be sufficient to prove that the method for the measurement

of the activity is reliable, in particular through their business program.

4. Where any of the conditions, necessary to conclude a contract under item 8 and

9 of Section I is removed, the contract is terminated with the conclusion under this act of a new

contract with the same subject. In this case the grantor shall open a new procedure for

nomination of a concessionaire within 6 months of the removal of the respective ground.

Appendix No. 5 to art. 60, par. 2, item 4, sub-item "b"


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LIST OF INTERNATIONAL CONVENTIONS IN THE SOCIAL FIELD

AND IN THE FIELD OF THE ENVIRONMENT

1. Convention No. 87 on trade union freedom and protection of the right to organise,

adopted at San Francisco on 17 June 1948.(ratified by Decree, SG No. 19 of 1959) (SG.35 of

1997).

2. Convention No 98 on right to organize and to collective bargaining, adopted in

Geneva on 8 June 1949 (ratified by a Decree, SG 19 of 1959) (SG 35 of 1997).

3. Convention concerning forced or compulsory labour, adopted in Geneva on 28

June 1930 (ratified by a Decree and promulgated in SG No. 91 of 1932).

4. Convention No. 105 concerning the abolition of forced labour, adopted in

Geneva on 25 June 1957 (ratified by an act, SG No. 79 of 1998) (SG 37 of 2000).

5. Convention No. 138 on the minimum age for admission to employment, adopted

in Geneva on 26 June 1973 (ratified by a Decree, SG 13 of 1980) (SG 38 of 1997).

6. Convention No. 111 on discrimination in employment and occupation, adopted

in Geneva on 25 June 1958 (ratified by a Decree – notice, 46 of 1960) (SG 35 of 1997).

7. Convention No. 100 on equality in pay, adopted in Geneva on 29 June 1951

(ratified by a Decree – no. 54 of 1955) (SG 35 of 1997).

8. Convention No. 182 concerning the prohibition and immediate action for the

elimination of the worst forms of child labour, adopted in Geneva on 17 June 1999 (ratified by

an act, SG 54 of 2000) (SG 68 from 2001).

9. Vienna Convention for the protection of the ozone layer, signed in Vienna on 22

March1985 (ratified by a Decree, SG 82 of 1989) (SG 71 of 1999), and the Montreal Protocol

on substances that deplete the ozone layer signed in Montreal on 16 September 1987 (ratified

by a Decree, SG 82 of 1989) (SG 71 of 1999).

10. Basel Convention on the control of transboundary movements of hazardous

wastes and their disposal, signed in Basel on 22 March1989 (ratified by an act, SG 8 of 1996.)

(SG 1 of 1997).

11. Stockholm Convention on persistent organic pollutants, done in Stockholm on

22 May 2001 (ratified by an act, SG. 89 of 2004) (SG 34 of 2005).

12. Convention on the prior informed consent procedure under the international

trade in certain hazardous chemicals and pesticides, done in Rotterdam on 10 September 1998,

and its three regional protocols (ratified by an act, SG 7 of 2000) (prom. SG 33 of 2004; amend.,

SG 88 of 2005 and SG 21 of 2009).


MINIMUM CONTENT OF THE CONCESSION NOTICE

1. Name, address, including the NUTS code, telephone and fax number, email and

Internet address of the grantor and if different - also of the administration, from where further

information can be obtained, as well as communication means specified by the grantor.

2. Type of grantor and main business.

3. Email address or Internet address, at which unrestricted and full direct free access

to the documentation for the concession will be offered, and in the cases under art. 78, par. 6 –

the terms and conditions and the procedure, by which economic operators may get access to the

deleted information.

4. Title of the concession.

5. Subject of the concession, including for each lot - where applicable:

a) type (nature) and the scope of works and/or services;

b) estimated value of the concession;

c) maximum duration of the concession;


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d) description of different scenarios of the offer - where applicable.

6. The CPV codes, including for each lot - where applicable.

7. The NUTS code for the principal place of works for works concessions or NUTS

code for the principal place of performance of the services, including for each lot - where

applicable.

8. Conditions for participation - including those referred to in the application.

9. Terms and conditions for the implementation of the concession.

10. Type of the procedure for nomination of a concessionaire.

11. Deadline for receipt of applications in a competition with negotiation, an

application and a preliminary offer in a competitive dialogue, as well as of an application and

offers in an open procedure.

12. Listing of the award criteria in descending order or reference to the concession

documentation.

13. Date of sending of the notice.

14.Name and address of the body responsible for the monitoring, and information

concerning the deadlines for the receipt of complaints, as well as the name, address, telephone

number, fax number and email address of the administration, from which this information may

be obtained.

15. Address at which applications or offers shall be received.

16. Requirements and conditions relating to the use of electronic communication

means.

17. Information whether the concession is associated with a project and/or

programme financed with European Union funds.

18. For works concessions - an indication as to whether the concession falls within

the scope of the Agreement on government procurement of the World Trade Organization

(GPA).

19. Reference number and the date of the decision by which the notice is approved.

20. Other information of importance for the concession.


MINIMUM CONTENT OF PRELIMINARY INFORMATION NOTICE




2. Email and Internet address, at which access to the specifications and any

supporting documents will be available, if they are different from those referred to in item 1.



5. CPV codes, including for each lot - where applicable.

6. NUTS code for the principal place of performance of the services, including for

each lot - where applicable.

7. Description of services.

8. Estimated value.

9. Conditions for participation, where applicable.

10. Time limit or deadlines for coming into contact with the grantor in view of

participation.

11. A brief description of the main stages and the terms and conditions and the

procedures for carrying out the procedure for nomination of a concessionaire to be applied.


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12. Reference number and date of the decision, by which the notice is approved.



MINIMUM CONTENT OF THE NATIONAL NOTICE




2. Email or Internet address, at which unrestricted and full direct free access to the

concession documentation will be available; in cases where there is deleted information –

directions on how to get access to the deleted part of the concession documentation.


4. Subject of the concession.

5. Estimated concession value –f or a works concession or a service concession.

6. Maximum duration of the concession.

7. Concession commencement date.

8. Terms and conditions for the implementation of the concession, specified in

consideration of the subject and the specifics of the concession.

9. Particulars of factual or legal nature, the occurrence or modification of which

could result in disruption of the economic balance, where such are foreseen.

10. Basic rights and obligations under the concession agreement, including

applicable obligations:

a) arising out of the environmental, social and labour law, laid down in national

law, European Union law, collective agreement or in international conventions in the social

field and in the field of the environment under Appendix no. 5;

b) relating to the national security and the defense of the country, for the life and

health of individuals, to the environment, to protected areas, zones and facilities and to public

order - where applicable;

c) to insure the object of the concession.

11. Conditions relating to the award by the concessionaire of subcontracts.

12. Terms and conditions and/or prohibitions for renting the object of the

concession out.

13. Type and amount of the performance guarantees for the fulfilment of the

obligations under the concession agreement and/or other collateral.

14. Amount, formats and terms and conditions for the provision of concession fes,

where such remuneration is provided for, including:

a) the amount of the one-off concession fee, payable at the date of entry into force

of the concession agreement;

b) the amount of the minimum annual concession fee for the duration of the

concession;

c) maximum grace period, during which the concessionaire is exempted from the

concession fee, where applicable;

d) procedure for the provision of concession fee.

15. Amount and method of provision of performance guarantees for the


16. Other requirements associated with the subject or object of the concession,

which are not specified in regulatory documents.

17. Deadline for the receipt of offers.


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18. Terms and conditions for participation in the procedure, where applicable.

19. Award criteria and their relative weight.

20. Name and address of the authority responsible for the monitoring, and

information concerning the time-limits for filing of appeals, as well as the name, address,

telephone number, fax number and email address of the administration, from which this

information may be obtained and the communication means specified by the grantor.

21. Address at which offers shall be received.

22. Requirements and terms and conditions relating to the use of electronic

communication means.

23. Information whether the concession is associated with projects or programmes

financed with European Union funds.

24. Reference number and date of the decision by which the notice is approved.



MINIMUM CONTENT OF THE NOTICE OF CONCESSION

AGREEMENT AMENDMENT






4. Date of the decision for the award of the concession.

5. CPV codes, including for each lot - where applicable.

6. The NUTS code for the principal place of works for works concessions or NUTS

code for the principal place of performance of the services, including for each lot - where

applicable.

7. A description of the circumstances causing the need for amendments.

8. Subject of the concession, type (nature) and scope of works and/or services

before and after the amendment, including for each lot.

9. Adjustment of the value of the concession, including adjustment-related increase

in prices or fees, where applicable.

10. Name, address, including NUTS code, telephone and fax number, email and

Internet address of the new economic operator or operators, where applicable.

11. Information whether the concession is associated with projects or programmes

financed with European Union funds.

12. Name and address of the authority responsible for the monitoring, and where

appropriate, for the mediation procedures. Precise information concerning deadline of the

control procedures or, where appropriate - name, address, telephone number, fax number and

email address of the administration from which such information may be obtained.

13. Date/dates and reference information about previous publications in the Official

journal of the European Union relating to the contract or contracts referred to in the notice.

14. Date of sending of the notice.

15. Any further information of importance.