REGULATION
No.12 OF 19th OCT. 2005
RE:
TERMS AND PROVISIONS OF ESTABLISHING AND MAINTENANCE OF REGISTRAR OF THE
VITICULTURE FARMS AND SURVEY MAP OF THE VINEYARDS
ISSUED
BY THE MINISTRY OF AGRICULTURE AND FORESTS AND THE MINISTRY OF REGIONAL
DEVELOPMENT AND PUBLIC WORKS
Chapter
One
GENERAL
PROVISIONS
Art.1.
By
this regulation are arranged the terms and provisions of:
1.
Establishing and maintenance of registrar of the viticulture
farms;
2.
Developing of Survey map and information system of the
vineyards.
Chapter
Two
REGISTRAR
OF THE VITICULTURE FARMS. SURVEY MAP AND INFORMATION SYSTEM OF THE
VINEYARDS
Section
I
General
Provisions
Art.2.
The
Registrar of the viticulture farms, the survey map and the information system of
the vineyards will be used for management and control of the viticulture
potential of
Art.3.
(1)
The
Registrar of the viticulture farms and the survey map of the vineyards shall
contain:
1. Main
survey plan data in compliance with Art.27 of the Survey Plan and Property
Registrar Act (ZKIR);
2. Survey
data.
(2) Survey
data are: brands of vines, density of plant growth, year of planting, soil and
climate characteristics and form of managing the viticulture
estates.
(3) The
main survey data will be acquired in compliance with the provisions of Art.11,
Para.2 and para.12.
(4) The
survey data will be acquired by: reference-affidavits of the location of the
vineyard plantings, affidavits of the crop, affidavits of planting,
transplanting, grafting and rooting out, supplied by the producers of vine
grapes.
(5) The
district directorates 'Agriculture and Forests' with the Ministry of Agriculture
and Forests, the Executive Agency of Soil Resources with the Minister of
Agriculture and Forests, as well as the National Institute of Meteorology and
Hydrology at the
(6)
Specialized data about the viticulture farms and estates will be acquired and
maintained in updated standing by the IALV.
(7) In the
event when upon developing the Survey Map in compliance with Art.11, Para.1 and
establishing the Registrar of the Viticulture Farms on the authority of Art.4
any omissions and/or errors are established, in compliance with Chapter Six of
the ZKIR, the IALV shall notify the Agency of the Survey Plan or the Ministry of
Agriculture and Forests.
Section
II
Registrar
of the Viticulture Farms
Art.4.
(1)
The
Executive Agency of Vines and Wine has to establish and maintain Registrar of
the viticulture farms.
(2) The
Registrar of the viticulture farms shall contain:
1. Reference number of the filing;
2. ID registration number of the viticulture farm;
3. Name/designation of the producer of vine grapes;
4. Registration umber of the producer of vine grape in compliance with
Art.8 of the Regulation of the Terms and Provisions of Registration and Revoke
with the registrar, data subjected to filing, means of keeping the registrars,
contents and forms of the declarations of the crop and stock availability as
well as control of the registered persons and their activities (State Gazette,
No.81 of 2004).
5. Permanent address/address of management of the producer of vine
grapes;
6. Identifiers of the viticulture estates that form the viticulture
farm.
7. Declared planted area, stipulated in Reference-Affidavit in compliance
with Art.5, Para.3, It.1;
8. Date of filing with the registrar;
9. Date of Revoking Data with the registrar;
10.
Amendments in the structure of the viticulture farm;
11. Date of changes in the factual circumstances.
Section
III
Registration
of Viticulture Farm
Art.5.
(1)
The
viticulture farm comprises economic and technological unit with common
management on the territory of one viticulture region, and includes viticulture
estates and wherein the producer of vine grapes is owner of the viticulture
estates or uses them on some other legal justification.
(2) The
natural persons and the legal entities, producers of vine grapes, are obliged to
registrar with the IALV the managed by them viticulture
farms.
(3) In
order to perform registration of the viticulture farm the persons on Para.2
shall submit Application of registration of Viticulture Farm, completing sample
form, in compliance with Annex No.1, with the territorial unit of the IALV
concerned, on the territory of which are situated the viticulture estates or
their largest common area. Therewith the said application shall be
attached:
1.
Reference-Affidavit, completing sample form, issued by the IALV, in terms of the
location of the viticulture plantings;
2. Original
of certificate of Good Standing - in case of legal entity or sole
proprietor;
3. Copy of
ID Card on BULSTAT as well as copy of the Certificate of Tax Registration - in
the event of persons, registered on the Business Corporation Act or on the
Cooperation Act.
(4) In case
of establishing omissions and/or discrepancies in the submitted documents the
corresponding territorial unit of the IALV shall within 7-days term to notify in
writing the applicant about their remedy.
(5) The
Applicant shall remedy the incurred omissions and/or discrepancies within
14-days term following the receiving of the notification in compliance with
Art.4.
(6) The
corresponding territorial unit of IALV has to file the viticulture farms into
the Registrar within 14-days term after the submittal of the Application and the
documents on Art.3 of after the remedy of the omissions and/or discrepancies in
them.
(7) Each
viticulture farm will be filed with the registrar in compliance with Art.4,
Para.1 by means of individual ID number.
(8) The ID
number on Art.7 comprises 11 digits, whereat the first of them identifies the
viticulture region, the second - the number of the territorial unit of IALV as
per location of the viticulture farm, from the third to the seventh - the code
on the general Classifier of the Administration-Territorial and the Territorial
Units of the town/village in the land-bulk of which are situated the viticulture
estates, from the eight to the eleventh - successive number of filing into the
land-bulk.
(9) Within
14-days term from the date of registration of the viticulture farm the manager
of the corresponding territorial unit of IALV shall notify the producer of vine
grapes about the ID number of its viticulture farm.
Section
IV
Maintenance
of the Registrar of the Viticulture Farms
Art.6.
The
natural persons and legal entities, managing registered viticulture farms, are
obliged within 30-days term after occurrence of changes in the circumstances on
Art.4, Para.2 to state the said changes with the territorial units of the IALV
as per place of registration of the viticulture farm.
Art.7.
(1)
Within 30 (thirty) days' term from the occurrence of changes in the structure of
the viticulture farm, the persons that perform the management of the viticulture
farm shall submit application of amendment in the structure of the viticulture
farm, on sample form, in compliance with Annex No.2, with the territorial units
of IALV as per place of registration of the viticulture
farm.
(2) Changes
in the structure of the viticulture farm are the actions, related with merging
and/or separation of viticulture estate and/or estates from one viticulture farm
t o another, as well as the form of managing of the viticulture
estates.
(3) As
changes into the structure of the viticulture farm shall be considered also the
following actions:
1. Division of viticulture estate, in case of which from the initial
estate are formed two or more distinct estates;
2. Merging of viticulture estates, in the case of which on the grounds of
two or more neighbouring estates is formed one new
estates.
(4) In the
events of amendments in compliance with Para.3 shall be submitted Application,
completing sample form in compliance with Annex No.3, by the new owner of the
viticulture estate.
(5) In case
of transfer of viticulture estates to producer that has not registered
viticulture farm, the registration of the viticulture farm shall be performed by
means of the Application on Para.1.
(6) In the
event when a producer who has no registered viticulture farm, acquires estate/-s
in case of Para.3, the viticulture farm has to be registered by means of the
Application on Para.4.
(7) The
National Chamber of Viticulture & Wine-production shall notify in writing
the IALV within one-month term at changes of the circumstances on Art.8 of the
Regulation of the terms and Provisions of registration and Revoke with the
registrar, data subjected to filing, way of keeping the registers, contents and
form of the affidavits of the crop and stock availability, as well as control on
the registered persons and their activities.
(8) The
Executive Agency on Vine and Wine shall reflect the amendments on Art.6 and
Art.7, Para.1 and Para.3 and shall remedy omissions and errors in the data in
compliance with Art.4, Para.2 with the Registrar of the Viticulture
Farms.
Section
V
Survey
Map
Art.8.
The
Survey map of the vineyards shall contain the main survey plan data - subject of
the survey plan, as well as survey data about the
vineyards.
Art.9.
(1)
Main unit of the survey map of the vineyards is the viticulture
farm.
(2) ID
reference number of the viticulture estates is the identifier of the land
estates concerned, stipulated in compliance with Regulation No.15 of 2001 in
regard to the structure and the contents of the identifier of the real estates
in the Survey Plan (State Gazette, No.71 of 2001).
Art.10.
The
accuracy of the survey map of the vineyards corresponds to the requirements,
stipulated in the Regulation of Art.31 of ZKIR.
Section
VI
Development
of Survey Map of the Vineyards
Art.11.
(1)
The Survey Map of the Vineyards shall be developed in digital and graphic form
by the persons, filed with the Registrar in compliance with Art.12, It.7 of the
ZKIR.
(2) For
developing the survey map on Para.1 the Agency of the Survey Plan shall submit
the survey plan data in format, under the terms and conditions, and in
compliance with the provisions of ZKIR.
Art.12.
The
Agency of the Survey Plan shall submit with the IALV in conformity with the ZKIR
on annual basis within a term until 31st of March updated survey
data.
Section
VII
Information
System of the Vineyards
Art.13.
(1)
The Executive Agency of Vine and Wine shall develop and maintain information
system of the vineyards.
(2) The
Information system of the vineyards in compliance with Para.1 shall
contain:
1. The data on Art.3;
2. Data from the Registrar in compliance with Art.26, Para.1 of the
Regulation of the Terms and Provisions of Registering and Revoke with the
registrar, data subjected to filing, ways of keeping the registers, contents and
form of the affidavits of the crop and the stock availability as well as control
on the registered persons and their activities.
(3) The
Register on Para.2, It.2 will be used by the IALV through the information system
of the vineyards without any right of amending the data in
it.
(4) The
National Chamber of Viticulture and Wine-Production (NLVK) has the right of
access to the Registrar of the viticulture farms without having the rights of
making any amendments in its data.
(5) Within
one-month term after establishing omissions and discrepancies in the data on
Art.4, Para.2, It.3 - It.5, the IALV and NLVK shall mutually notify themselves
in writing with request of their immediate remedy.
Art.14.
The
connection between the information system of the Survey Plan and the information
system of the vineyards is performed under the terms and provisions, stipulated
in the Regulation in compliance with Art.33, Para.2 of the
ZKIR.
Art.15.
(1)
The Executive Agency on Vine and Wine shall maintain in updated standing the
data of the information system by means of:
1. Reference-Affidavits about the location of the viticulture plantings,
affidavits of the crop, affidavits of planting, transplanting, grafting and
rooting out;
2. The data in compliance with Art.6, and Art.7, Para.1 and
3;
3. Geodesic and photo-grametric measurements.
(2) The
Registrar of the viticulture farms and the survey map shall be kept on readable
CD
Art.16.
For
statistic purposes the IALV shall issue references on the grounds of the
information system of the vineyards in terms of all indicators of the additional
survey data.
Chapter
Three
CONTROL
Art.17.
(1)
The authorised officers of the territorial units of the IALV shall perform
control on the spot for inspection of the compliance of the data from the
reference-affidavits in terms of the location of the vine plantings, submitted
by the producers of vine grapes.
(2) The
producers of vine grapes, on the authority of Art.66a, Para.3, It.1 of the Wine
and Alcohol Drinks Act shall provide access of the authorised officers of the
territorial units of IALV to the viticulture farms, as well as to the
documentation for inspection of the circumstances on
Para.1.
SUPPLEMENTARY
PROVISIONS
Para.1.
In
compliance with the regulation 'viticulture estate' is land estate that is part
of the land surface, stipulated by boundaries in compliance with the property
right and planted by vines, notwithstanding whether or not at stage of
graping.
Para.2.
The
viticulture regions includes the administration-territorial units in compliance
with Annex No.4.
Para.3.
The
region of activities of the territorial units of IALV includes the
administration-territorial units in compliance with Annex
No.5.
FINAL
AND CONCLUSIVE PROVISIONS
Para.4.
Until
the approval of the survey map and of the survey registers of particular region,
for the development of the survey map shall be used the map of the restituted
property.
Para.5.
For
the issue of the survey map in compliance with Para.4 annually not later than
31st March, the Ministry of Agriculture and Forests shall provide to IALV the
following materials in ZEM format:
1. Map and
register of the restituted property on the Property and Use of Agricultural Land
Act in Graphic or digital form in terms of way of permanent use -
vineyards;
2. Scheme
and register with the co-ordinates of the Operation Geodesic Basis
(OGB);
3.
Transcript from the reference files of the OGB;
4. Minutes
of discard and up-rooting of vineyards after 1985.
Para.6.
Until
the ratification of Regulation on Art.33, Para.2 of the ZKIR, the IALV shall
submit with the Ministry of Agriculture and Forests survey data about the
viticulture estates from the information system of the
vineyards.
Para.7.
This
Regulation is ratified on the authority of Art.23, Para.2 of the Wine and
Alcohol Drinks Act, in connection with Art.32, Para.3 of the Survey and Property
Register Act.
Para.8.
The
performance of the Regulation is assigned to the Minister of Agriculture and
Forests.
Para.9.
This
Regulation repeals the Regulation of the Terms and Provisions of Classifying the
Viticulture Terrain in Terms of Categories and Their Survey Boundaries (publ.,
State Gazette No.9 of 2002; amended No.80 of 2002).
ANNEX
No.1 Art.5 (1)
ANNEX
No.2 Art.7 (1)
ANNEX
No.3 Art.7 (4)
ANNEX
No.4 to Para.2
I.
North Viticulture Region 'Danube Plain'
1.
District of Vidin, including the following municipalities: Belogradchik,
Boynitsa, Bregovo,
2.
District of Montana, including the following municipalities: Berkovitsa,
Boychinovtsi, Brusartsi, Vulchedrum, Vurshets, Georgi Damyanovo, Lom,
3.
District of Vratsa, including the following municipalities: Borovan, Byala
Slatina,
4.
District of Pleven, including the following municipalities: Belene, Gulyantsi,
Dolna Mitropoliya, Dolni Dubnik,
5.
District of Lovech, including the following municipalities: Apriltsi, Letnitsa,
Lovech, Lukovit, Teteven, Troyan, Ugurchin and Yablanitsa.
6.
District of Gabrovo, including the following municipalities: Gabrovo, Dryanovo,
Sevlievo, and Tryavna.
7.
District of Veliko Turnovo, including the following municipalities: Veliko
Turnovo, Gorna Oryahovitsa, Elena, Zlataritsa, Lyaskovets, Pavlikeni, Polski
Trumbesh, Svishtov, Strazhitsa, and Sukhindol.
8.
District of Russe, including the following municipalities: Borovo, Byala,
Vetovo, Dve Mogili,
II.
East Viticultural Region '
1.
District of Turgovishte, including the following municipalities: Antonovo,
Omurtag, Opaka, Popovo, and Turgovishte.
2.
District of Razgrad, including the following municipalities: Zavet, Isperih,
Kubrat, Loznitsa, Razgrad, Samuil, and Tsar Kaloyan.
3.
District of Shumen, including the following municipalities: Veliki Preslav,
Venets, Vurbitsa, Kaolinovo, Kaspichan, Nikola Kozlevo, Novi Pazar, Smyadovo,
Hitrino and
4.
District of Silistra, including the following municipalities: Alfatar,
Glavinitsa, Dulovo, Kaynaradja, Silistra, Sitovo and
Tutrakan.
5.
District of Dobrich, including the following municipalities: Balchik, General
Toshevo, Dobrich, Dobrich-rural, Kavarna, Krushari, Tervel and
Shabla.
6.
District of Varna, including the following municipalities: Avren, Aksakovo,
Beloslav, Byala,
7.
District of Bourgas, including the following municipalities: Aytos, Bourgas,
Kameno, Malko Turnovo, Nesebar, Pomorie, Primorsko, Ruen, Sozopol, Sredets, and
Tsarevo.
III.
Sub-Balkan Viticultural Region '
1.
District of Burgas, including the following municipalities: Sungulare and
Karnobat.
2.
District of Plovdiv, including the following municipalities: Karlovo and
Hisarya.
3.
District of Stara Zagora, including the following municipalities: Pavel banya,
4.
District of Sliven, including the following municipalities: Kotel and
Tvurditsa.
IV.
South Viticultural Region 'Tracian Lowland'
1.
District of Sliven, including the following municipalities: Nova Zagora and
2.
District of Yambol, including the following municipalities: Bolyarovo, Elkhovo,
Straldja, Tundja and
3.
District of Haskovo, including the following municipalities: Dimitrovgrad,
Ivaylovgrad, Lyubimets, Madjarovo, Mineralni bani, Svilengrad, Simeonovgrad,
Stambolovo, Topolovgrad, Harmanli and Haskovo.
4.
District of Stara Zagora, including the following municipalities: Bratya
Daskalovi, Gulubovo, Opan, Radnevo,
5.
District of Kurdjali, including the following municipalities: Ardino, Djebel,
Kirkovo, Krumovgrad, Kurdjali, Momchilgrad and
Chernoochene.
6.
District of Smolyan, including the following municipalities: Banite, Borino,
Devin, Dospat, Zlatograd, Madan, Nedelino, Rudozem, Smolyan and
Chepelare.
7.
District of Plovdiv, including the following municipalities: Asenovgrad,
Brezovo, Kaloyanovo, Krichim, Luki,
8.
District of Pazardjik, including the following municipalities: Batak, Belovo,
Bratsigovo, Velingrad, Lesichevo, Pazardjik, Panagyurishte, Peshtera, Rakitovo,
Septemvri and Strelhca.
V.
South-West Viticultural Region '
1.
District of Blagoevgrad, including the following municipalities: Bansko,
Belitsa, Blagoevgrad, Gotse Delchev, Gurmen, Kresna, Petrich, Razlog, Sandanski,
Satovcha, Simitli, Strumyani, Hadji Dimovo and Yakoruda.
2.
District of Kyustendil, including the following municipalities: Bobovdol,
Boboshevo, Dupnitsa, Kocherinovo, Kyustendil, Nevestino, Rila, Sapareva banya
and Treklyano.
3.
District of Pernik, including the following municipalities: Breznik, Zemen,
Kovachevtsi, Pernik, Radomir, and Trun.
4.
District of Sofia, including the following municipalities: Anton, Bozjurishte,
Botevgrad, Godech, Gorna Malina, Dolna banya, Dragoman, Elin Pelin, Etropole,
Zlatitsa, Ihtiman, Koprivshtitsa, Kostenets, Kostinbrod, Mirkovo, Pirdop,
Pravets, Samokov, Svoge, Slivnitsa, Chavdar, and
Chelopech.
5.
District of Sofia, including the Metropolitan municipality with the regions,
established in compliance with the Territorial Division of the
ANNEX
No.5 to Para.3
I.
North Viticultural Region 'Danube Plain'
1.
Teritorial unit of
1.1.
District of Vidin, including the following municipalities: Belogradchik,
Boynitsa, Bregovo,
1.2.
District of Montana, including the following municipalities: Berkovitsa,
Boychinovtsi, Brusartsi, Vulchedrum, Vurshets, Georgi Damyanovo, Lom,
1.3.
District of Vratsa, including the following municipalities: Borovan, Byala
Slatina,
2.
Teritorial unit of
2.1.
District of Pleven, including the following municipalities: Belene, Gulyantsi,
Dolna Mitropoliya, Dolni Dubnik,
2.2.
District of Lovech, including the following municipalities: Apriltsi, Letnitsa,
Lovech, Lukovit, Teteven, Troyan, Ugurchin and Yablanitsa.
2.3.
District of Gabrovo, including the following municipalities: Gabrovo, Dryanovo,
Sevlievo, and Tryavna.
2.4.
District of Veliko Turnovo, including the following municipalities: Veliko
Turnovo, Gorna Oryahovitsa, Elena, Zlataritsa, Lyaskovets, Pavlikeni, Polski
Trumbesh, Svishtov, Strazhitsa, and Sukhindol.
3.
Teritorial unit of
District
of Russe, including the following municipalities: Borovo, Byala, Vetovo, Dve
Mogili,
II.
East Viticultural Region '
1.
Teritorial unit of
1.1.
District of Turgovishte, including the following municipalities: Antonovo,
Omurtag, Opaka, Popovo, and Turgovishte.
1.2.
District of Razgrad, including the following municipalities: Zavet, Isperih,
Kubrat, Loznitsa, Razgrad, Samuil, and Tsar Kaloyan.
1.3.
District of Silistra, including the following municipalities: Alfatar,
Glavinitsa, Dulovo, Kaynaradja, Silistra, Sitovo and
Tutrakan.
2.
Teritorial unit of
2.1.
District of Shumen, including the following municipalities: Veliki Preslav,
Venets, Vurbitsa, Kaolinovo, Kaspichan, Nikola Kozlevo, Novi Pazar, Smyadovo,
Hitrino and
2.2.
District of Dobrich, including the following municipalities: Balchik, General
Toshevo, Dobrich, Dobrich-rural, Kavarna, Krushari, Tervel, and
Shabla.
2.3.
District of Varna, including the following municipalities: Avren, Aksakovo,
Beloslav, Byala,
3.
Teritorial unit of Burgas
District
of Bourgas, including the following municipalities: Aytos, Bourgas, Kameno,
Malko Turnovo, Nesebar, Pomorie, Primorsko, Ruen, Sozopol, Sredets, and
Tsarevo.
III.
Sub-Balkan Viticultural Region '
1.
Teritorial unit of Burgas
District
of Burgas, including the following municipalities: Sungulare and
Karnobat.
2.
Teritorial unit of
District
of Plovdiv, including the following municipalities: Karlovo and
Hisarya.
3.
Teritorial unit of
District of
Sliven, including the following municipalities: Kotel and Tvurditsa.
4.
Teritorial unit of Haskovo
District
of Stara Zagora, including the following municipalities: Pavel banya,
IV.
South Viticultural Region 'Tracian Lowland'
1.
Teritorial unit of
1.1.
District of Sliven, including the following municipalities: Nova Zagora and
1.2.
District of Yambol, including the following municipalities: Bolyarovo, Elkhovo,
Straldja, Tundja, and
2.
Teritorial unit of Haskovo
2.1.
District of Stara Zagora, including the following municipalities: Bratya
Daskalovi, Gulubovo, Opan, Radnevo,
2.2.
District of Kurdjali, including the following municipalities: Ardino, Djebel,
Kirkovo, Krumovgrad, Kurdjali, Momchilgrad, and
Chernoochene.
2.3.
District of Haskovo, including the following municipalities: Dimitrovgrad,
Ivaylovgrad, Lyubimets, Madjarovo, Mineralni bani, Svilengrad, Simeonovgrad,
Stambolovo, Topolovgrad, Harmanli, and Haskovo.
3.
Teritorial unit of
3.1.
District of Pazardjik, including the following municipalities: Batak, Belovo,
Bratsigovo, Velingrad, Lesichevo, Pazardjik, Panagyurishte, Peshtera, Rakitovo,
Septemvri, and Strelhca.
3.2.
District of Plovdiv, including the following municipalities: Asenovgrad,
Brezovo, Kaloyanovo, Krichim, Luki,
3.3.
District of Smolyan, including the following municipalities: Banite, Borino,
Devin, Dospat, Zlatograd, Madan, Nedelino, Rudozem, Smolyan and
Chepelare.
V.
South-West Viticultural Region '
1.
Teritorial unit of Blagoevgrad
1.1.
District of Blagoevgrad, including the following municipalities: Bansko,
Belitsa, Blagoevgrad, Gotse Delchev, Gurmen, Kresna, Petrich, Razlog, Sandanski,
Satovcha, Simitli, Strumyani, Hadji Dimovo, and Yakoruda.
1.2.
District of Kyustendil, including the following municipalities: Bobovdol,
Boboshevo, Dupnitsa, Kocherinovo, Kyustendil, Nevestino, Rila, Sapareva banya,
and Treklyano.
1.3.
District of Pernik, including the following municipalities: Breznik, Zemen,
Kovachevtsi, Pernik, Radomir, and Trun.
1.4.
District of Sofia, including the following municipalities: Anton, Bozjurishte,
Botevgrad, Godech, Gorna Malina, Dolna banya, Dragoman, Elin Pelin, Etropole,
Zlatitsa, Ihtiman, Koprivshtitsa, Kostenets, Kostinbrod, Mirkovo, Pirdop,
Pravets, Samokov, Svoge, Slivnitsa, Chavdar, and
Chelopech.
1.5.
District of Sofia, including the Metropolitan municipality with the regions,
established in compliance with the Territorial Division of the