LEGGE SUL VINO E LE BEVANDE ALCOOLICHE CONSOLIDATA 2009
LAW FOR THE WINE AND THE ALCOHOLIC BEVERAGES
Prom. SG. 86/1 Oct 1999,
amend. SG. 56/7 Jun 2002,
amend. SG. 16/27 Feb 2004,
amend. SG. 108/10 Dec 2004,
amend. SG. 113/28 Dec 2004,
amend. SG. 99/9 Dec 2005,
amend. SG. 105/29 Dec 2005,
amend. SG. 18/28 Feb 2006,
amend. SG. 30/11 Apr 2006,
amend. SG. 34/25 Apr 2006,
amend. SG. 51/23 Jun 2006,
amend. SG. 36/4 Apr 2008
amend SG: 82/11 Oct 2009
Chapter one.
GENERAL PROVISIONS
Art. 1.
(1) (suppl., SG 16/04)
This law settles the conditions and the order for the production, obtaining, processing, trade and control of the grape for production of wine and the alcoholic beverages, as well as the management and control of the viticulture and wine-production potential.
(2) (new, SG 16/04) The provisions of this law shall apply for the products under appendix No 1.
(3) (prev para 2 – SG 16/04) The law aims at the creation of conditions for restoration and development of the viticulture and wine-producing sector, at improvement of the quality of the wine, the beverages and the products based of grapes or wine, through introduction of a system of measures regulating the processes of their obtaining, production and trade.
(4) (prev para 3 – amend. SG 16/04) The Minister of Agriculture and Forests, jointly with the National Viticulture and Wine-production Chamber shall work out and present for approval by the Council of Ministers a national strategy for the development of the viticulture and the wine-production in the country.
(5) (new, SG 16/04; amend. and suppl. - SG 51/06) The Minister of Agriculture and Forests together with the Minister of Economy and Energy shall carry out the state policy in the viticulture and wine-production sector.
Chapter two.
CATEGORIES, KINDS AND TYPES OF WINE
Art. 2.
(1) Wine is a product obtained exclusively as a result of full or partial alcoholic fermentation of squashed or not squashed fresh grapes or grapes must from fresh grapes.
(2) (suppl., SG 16/04) The wines are white, rose and red and shall be qualified in categories, kinds and types.
Section I.
Categories of wine
Art. 3.
(amend., SG 16/04)
The wine has two categories: table and quality wine produced in a definite region
Table wine
Art. 4.
(Amend., SG 56/02; amend., SG 16/04)
Table wine is the wine produced from grapes from recommended or permitted and temporarily permitted sorts of vines, with natural alcohol content of at least 7.5 volume percents, genuine alcohol content of at least 9 volume percents, total alcohol content not higher than 20 volume percents for the wines obtained without an increase of the natural alcohol content, and containing titre acids expressed as tartaric acid at least 3.5 g per litre.
Art. 5.
(1) (amend., SG 16/04)
Regional wine is table wine marked by geographic indication, on condition that the wine is produced from grapes from a viticulture region whose name the wine bears, from explicitly determined by the order of the ordinance under Art. 24, para 1 permitted or recommended sorts of vines.
(2) (amend., SG 16/04) Admitted is the using of geographic indication for marking regional wine representing a coupage of wines produced from grapes originating from different vine-growing regions on condition that 85 percent of the grape originates from the vine-growing region whose name bears the respective regional wine.
3) (New - SG. 16 of 2004, as amended. - SG. 36, 2008) the regional wine, they are approved by the Minister for Agriculture and Food under the terms and conditions specified in the Ordinance art. 7.
(4) (new - SG 51/06) The Executive Agency on Vine and Wine shall collect fees for approval of regional wines as referred to in para 3.
Art. 6.
(amend., SG 16/04)
The geographic indication using in the marking of regional wine must be related to the vine-growing region from which the grape originates. Traditional name can be used as geographic indication of a definite vine-growing region.
Art. 7.
The Council of Ministers shall adopt ordinance for the rules and requirements for the production of regional wine.
Quality wine produced in a definite region
(amend., SG 16/04)
Art. 8.
(1) (amend., SG 16/04; amend.
SG 51/06) Quality wine produced in a definite region is the wine originating from a specific vine-growing region, micro region or massif whose name serves for marking the wine, and which is obtained, processed in the definite region, micro region or massif. Its quality or essential characteristics are due basically or exclusively to the geographic environment which includes natural conditions and production traditions. The producers of quality wines, produced in a definite region may not cede their rights to users of the name of origin to third persons who are not registered as users of the name of origin.
(2) (revoked, SG 16/04)
(3) (amend. and suppl., SG 16/04; amend. - SG 51/06) The geographic names used in marking the quality wine produced in a definite region shall be related to the definite vine-production region from which it originates. Traditional name can be acknowledged as geographic name of a definite region, micro region or massif in a way and by an order determined by the ordinance under para 11.
(4) (amend., SG 16/04; amend. - SG 51/06) The names of the definite regions, micro regions or massifs shall be used under the conditions determined by the ordinance under para 11.
(5) (Amend., SG 56/02; amend. and suppl., SG 16/04) The region, micro region or massif whose name is used for marking quality wine produced in a definite region shall be subject to obligatory definition by the Minister of Agriculture and Forests or a person authorized by him, taking into consideration the elements affecting the quality of the wine and especially the climate, the exposure, the composition and the qualities of the soil and the under-soil layer. The region whose name is used for marking quality wines produced in a definite region shall be determined at a proposal of the executive director of the Executive Agency for the vine and wine in coordination with the National Viticulture and Wine-production Chamber.
(6) (amend., SG 16/04) The specific conditions to which the quality wine produced in a definite region must correspond, taking into consideration the traditional conditions of production, shall be determined by the following elements:
1. (Amend,. SG 56/02; amend., SG 16/04) a region mapped on the vineyards map micro region or massif;
2. (Suppl., SG 56/02; suppl., SG 16/04) permitted and recommended sorts of vines determined for the respective region by the ordinance under art. 24, para 1;
3. agrotechnical measures;
4. (amend., SG 16/04) methods of technology of wine production;
5. minimal natural alcohol contents;
6. (amend., SG 16/04) grapes yield from hectare;
7. (amend., SG 16/04) results from physical and chemical and microbiological analysis and organoleptic assessment;
8. (new, SG 16/04) ratio between produced quantity of grape and produced quantity of wine.
(7) (new, SG 16/04; amend. - SG 51/06) Every quality wine produced in a definite region shall be marked by a control number under terms and by an order determined by the ordinance under para 11.
(8) (New - SG. 51, 2006, as amended. - SG. 36, 2008, amended. - SG. 82, 2009, in force on 16/10/2009) For the implementation of procedures that indicate the areas for producing quality wines and promote quality wines Minister for Agriculture and wine quality committee appointed in stock: one representative of regional chambers of wine, three representatives of the National Vine and Wine Chamber, five representatives of the Executive Agency on Vine and a representative of the Directorate for registration, licensing and control of the Ministry of Economy, Energy and Tourism. Members of the Committee on quality wines may include members of other organizations and experts in an advisory vote.
(9) (New - SG. 51, 2006, as amended. - SG. 36, 2008) The names of the committee under par. 8 is determined by the Minister of Agriculture and Food.
(10) (new - SG 51/06) For implementation of the activities referred to in para. 1 – 7 the Executive Agency on Vine and Wine shall collect fees determined by a tariff approved by the Council of Ministers.
(11) (prev. para 7 – amend., SG 16/04; prev. text of para 08 - SG 51/06) The Council of Ministers shall adopt ordinance for the conditions to be met by the quality wines produced in a definite region, the order and the way of their approval.
(12) (New, SG 56/02; prev. para 8 – SG 16/04; prev. text of para 09 - SG 51/06) On the grounds of the data for the location, the boundaries, the sizes and other characteristics of the regions, micro-regions of massifs shall be created specialised maps, register and informational system for the vineyards. The contents of the specialised map and of the register, as well as the conditions and the order of their creation and maintenance, shall be determined by an ordinance of the Minister of Agriculture and Forests and the Minister of Regional Development and Public Works according to art. 32, para 3 of the Law for the cadastre and property register.
(13) (new - SG 51/06) The Executive Agency on Vine and Wine shall collect fees for approval of quality wines as referred to in para. 5 and issuing of control number as referred to in para. 7.
Art. 9.
(1) (amend., SG 16/04)
Quality wine produced in a definite region are:
1. quality wine with guaranteed name of origin;
2. quality wine with guaranteed and controlled name of origin.
(2) (amend., SG 16/04; amend. - SG 51/06) Quality wine with guaranteed name of origin is the wine determined by Art. 8. The conditions to be met by them shall be settled by the ordinance under Art. 8, para 11.
(3) (amend., SG 16/04; amend. - SG 51/06) The quality wine with guaranteed and control name of origin is the wine determined by Art. 8 and which are of established reputation. The conditions to which every wine with guaranteed and controlled name of origin must correspond shall be determined by the ordinance under Art. 8, para 11.
(4) (revoked, SG 16/04)
Art. 9a.
(new, SG 16/04)
The names of origin of the quality wines produced in definite regions, and the geographic indications of the regional wines may be used only for marking wines meeting the requirements of this law and the normative acts for its implementation.
Section II.
Kinds of wine
Art. 10.
(amend., SG 16/04)
The wines are of three kinds: silent, sparkling and special.
Art. 11.
Silent is the wine of which the contents of the carbon dioxide does not exceed 2 grams per litre.
Art. 12.
(1) Sparkling is the wine which, as a result of primary or secondary alcohol fermentation or through addition of carbon dioxide, is characterised by releasing carbon dioxide in opening the container in which it is stored. The sparkling wine can be frothy and effervescent.
(2) The Council of Ministers shall adopt ordinance settling the rules for production of sparkling and effervescent wine and the order of using the permitted sweeteners, aromatic and gustatory additives.
Art. 13.
(1) Special wine is: the liquor wine, the aromatic and the noble sweet wine.
(2) The Council of Ministers shall adopt ordinance for the variety of special wines and the rules for their production.
Frothy wine
Art. 14.
(1) (amend., SG 16/04)
The frothy wines are naturally frothy and fizzy-frothy.
(2) The naturally frothy wines are wines obtained as a result from primary or secondary alcohol fermentation of fresh grapes. grapes must, wine fit for production of table wine, table wine, quality wine from a definite region and imported wine. They are characterised by the release of carbon dioxide - an exceptional result from alcohol fermentation, as the pressure of the carbon dioxide in closed containers at temperature 20 oC cannot be lower than 3 bars.
(3) (amend., SG 16/04) The fizzy-frothy wines are only products of table wines. They are characterised, in opening the bottle, by the release of carbon dioxide - a result entirely or partially of the addition of carbon dioxide, as its pressure in closed containers, at a temperature of 20 oC cannot be lower than 3 bars.
(4) Admissible in the production of frothy wines is the use of sucrose, wine distillation, natural aromatic and gustatory additives and/or extracts from them, under the conditions and by the order determined by the ordinance under Art. 12, para 2.
(5) (amend., SG 16/04; amend. - SG 51/06) The frothy wines can be categorised as quality wines produced in a definite region under the conditions of the ordinance under Art. 8, para 11.
(6) (amend., SG 16/04) Frothy quality wines produced in a definite region shall be produced from and with the inclusion of imported wines.
Effervescent wines
Art. 15.
(1) (amend., SG 16/04)
The effervescent wines are naturally effervescent and fizzy-effervescent.
(2) (amend., SG 16/04) The naturally effervescent wines are the wines produced in a definite region or from products fit to yield table or quality wines produced in a definite region, with natural alcohol contents not lower than 7 volume percent and real alcohol content not lower than 9 volume percents, as the pressure of the carbon dioxide in closed containers at temperature of 20 oC shall not be lower than 1 bar and not higher than 2.5 bars.
(3) (amend., SG 16/04) Fizzy-effervescent are the wines obtained from table wines, from quality wines produced in a definite region or from products fit to yield table or quality wines produced in a definite region, of natural alcohol content not lower than 7 volume percents and actual alcohol content not lower than 9 volume percents, as the pressure of the carbon dioxide - a result of its full or partial addition, in closed containers and at temperature 20 oC is not lower than 1 bar and not higher than 2.5 bars.
(4) Admissible in the production of effervescent wines is the use of sucrose, wine distillation, natural aromatic and gustatory additives and/or extracts from them under the conditions and by the order determined by the ordinance under Art. 12, para 2.
Liquor wines
Art. 16.
(1) Liquor wines are the wines obtained from fresh or partially fermented grapes squash or grapes must, or wines or combinations of them with an addition of ethyl alcohol of agricultural origin or wine distillation.
(2) (amend., SG 16/04; amend. - SG 51/06) The liquor wines have actual alcohol content equal or more than 15 volume percents, but not exceeding 22 volume percents and total alcohol content not less than 17.5 volume percents, with exception of some quality liquor wines produced in definite regions indicated in the ordinance under Art. 8, para 11.
(3) (amend., SG 16/04; amend. - SG 51/06) The liquor wines can be categorised as quality wines produced in a definite region under the conditions and by the order of the ordinance under Art. 8, para 11.
Aromatic wines
Art. 17.
(1) Aromatic wines are the wines whose organoleptic nature is formed through aromatising by natural aromatic substances and/or natural aromatic compositions and/or by herbs and spices, including extracts from them and/or by gustatory products and/or combinations from them.
(2) (amend., SG 16/04) The aromatic wines have actual alcohol content equal or more than 14.5 volume percents, not exceeding 22 volume percents and total alcohol content equal or more than 17.5 volume percents.
(3) (revoked, SG 16/04)
(4) Admitted shall be the addition to the aromatic wines of carbon dioxide.
(5) The aromatic wines are prepared from wine and/or freshly alcoholised grapes must or wines with added ethyl alcohol of agricultural origin and sweeteners.
(6) Used as sweeteners under para 5 can be semi-white and white sugar, refined white sugar, dextrose, fructose, syrup from glucose, liquid sugar, syrup from inverted sugar, rectified concentrated grapes must, caramelised sugar, honey, sugar from locust as well as all other natural sugar containing substances with effect similar to the above products.
(7) (new, SG 16/04) Aromatic drink on the basis of wine is a drink obtained from wine, added to which are aromatizing substances, with or without added grape must, and with actual alcohol contents not less than 7 volume percent and not more than 14.5 volume percent.
(8) (new, SG 16/04) Aromatic drink on the basis of wine may be marked by the name "wormwood wine" if it was produced in Bulgaria according to a special technology. In the herbal mixture used in the production of "wormwood wine" the share of the herbs of the kind of "wormwood" is not less than 20 percent of the weight.
Noble sweet wines
Art. 18.
(1) Noble sweet wines are the wines whose initial raw material is at least 85 percent of ripe withered grapes or attacked by Botrytis Cinerea, obtained from grapes must with initial minimal natural sugar content 212 grams per litre as the fermentation has been stopped by addition of ethyl alcohol, wine distillation or other permitted enological practices.
(2) (amend., SG 16/04; amend. - SG 51/06) Marked by the specific traditional indication "noble sweet wine" shall be quality wines produced in a definite region, produced under the conditions and by the order of the ordinance under Art. 8, para 11.
Section III.
Types of wine
Art. 19. The type of wine shall be determined by the content of residual sugar.
Sugar content of the silent wines
Art. 20.
(amend., SG 16/04) The silent wines are:
1. dry - with sugar content up to 4 grams per litre; admitted is sugar content of up to 9 grams per litre on condition that it does not exceed the content of titre acids in the wine by 2 grams per litre;
2. semi-dry wines - with sugar content from 4 to 12 grams per litre; admitted is sugar content up to 18 grams per litre on condition that the content of the titre acids, expressed in grams per litre, with added figure 10, does not exceed the sugar content of the wine;
3. semi-sweet - with sugar content from 12 to 45 grams per litre;
4. sweet - with sugar content over 45 grams per litre.
Sugar content of the frothy and sparkling wines
Art. 21.
(1) (amend., SG 16/04)
The frothy and sparkling wines are:
1. (new - SG 51/06) brut natur – with sugar content up to 3 grams per litre;
2. (prev. text of item 01 - SG 51/06) extra brut - with sugar content up to 6 grams per litre;
3. (prev. text of item 02 - SG 51/06) brut - with sugar content under 15 grams per litre;
4. (prev. text of item 03 - SG 51/06) extra dry - with sugar content from 12 to 20 grams per litre;
5. (prev. text of item 04 - SG 51/06) dry - with sugar content from 17 to 35 grams per litre;
6. (prev. text of item 05 - SG 51/06) semi-dry - with sugar content from 33 to 50 grams per litre;
7. (prev. text of item 06 - SG 51/06) sweet - with content of the residual sugar over 50 grams per litre.
(2) On condition that the content of residual sugar in the wine allows the using of two of the wines defined as types under para 1 the producer or the importer can use only one by his choice.
Chapter three.
MANAGEMENT AND CONTROL OF THE VITICULTURE AND WINE PRODUCTION POTENTIAL
(title amend., SG 16/04)
Art. 21a.
The Executive Agency for the vine and wine shall create and maintain a viticulture register and an information system for management and control of the viticulture and wine production potential.
Declarations for the crop, the production and for commodity availability (Amend., SG 56/02; amend., SG 16/04)
Art. 22.
(1) (suppl., SG 16/04)
Every year the producers of grape for wine production and grape must shall declare in the territorial units of the Executive Agency for the vine and wine the produced quantities of grape from the last harvest, including the quantity of grape for family consumption.
(2) (amend., SG 16/04) The producers of wine shall declare in the territorial units of the Executive Agency for the vine and wine the produced quantities of grape from the last harvest, including the quantities produced with material supplied by clients and for family consumption.
(3) (suppl., SG 16/04) Every year the producers of wine and grape must and the persons carrying out wholesale trade with wine and grape must shall declare in the territorial units of the Executive Agency for the vine and wine the produced quantities of grape from the last harvest and from preceding years. The imported quantities of wine and grape must in the Republic of Bulgaria shall be subject to declaring in the respective territorial unit of the Executive Agency by their importers.
(4) (amend., SG 16/04) The declarations under para 1 and 2 shall be filed annually, not later than December 10. The declaration under para 3 shall be filed annually not later than August 20 for the quantities of grape must and wine stored by July 31. The form, the contents and the order of filing the declarations under para 1, 2 and 3 shall be determined by the ordinance under art. 43, para 3.
(5) (suppl., SG 16/04; revoked – SG 51/06)
Art. 22a.
(New, SG 56/02; suppl., SG 16/04; amend. - SG 51/06)
The wine year for the products under art. 1, with exception of the alcoholic beverages, shall begin on August 1 every year and shall end on July 31 of the next year.
Art. 22b.
(new - SG 51/06)
The beginning of grape-gathering for each particular grape variety and for each particular vinery micro region shall be announced by an order of the mayor of the municipality upon proposal of the territorial units of the territorial units of the Executive Agency for the Vine and Wine in compliance with the condition of the vintage and the ripeness of the grape, taking into consideration the demands of the regional vine and wine chamber and the producers grape and wine.
Outlining the vine farms and their entry in a register (Amend., SG 56/02; amend., SG 16/04)
Art. 23.
(1) Outlining of the vine farms shall be carried out by creating specialised maps, registers and informational system for the vineyards.
(2) (Amended - SG. 16 of 2004, amended. - SG. 36 of 2008) of specialized content card and register and arrangements for establishing and maintaining them are determined by Decree of the Minister for Agriculture and Food and Minister for Regional Development under Art. 32 para. 3 of the Law on Cadastre and Land Registry.
(3) (revoked, SG 16/04)
Art. 23a.
(new, SG 16/04) (1)
The Executive Agency for the vine and wine shall create and maintain a register of the vine farms under terms and by an order determined by the ordinance under art. 23, para 2.
(2) The individuals and the corporate bodies producers of wine grape shall be obliged to register in the Executive Agency for the vine and wine the vine farms managed by them.
(3) For registration of a vine farm the persons under para 2 shall file application in the respective territorial unit of the Executive Agency for the vine and wine on whose territory is located the vine farm or the biggest total area of the property planted by vine plants. The application shall be accompanied by:
1. informative declaration in a form issued by the Executive Agency for the vine and wine for the location of the vine plants;
2. original copy of a certificate for current status – for corporate bodies;
3. (amend. - SG 105/05, in force from 01.01.2006, amend. - SG 34/06, in force from 01.10.2006) copy of a certificate of registration under the Tax–insurance Procedure Code – for the persons registered under the Commercial Law or the Law for the cooperations;
4. (new - SG 51/06) copy of the proof of ownership or of the right of use of the property included in the vine farm.
(4) On establishing incompleteness and/or inaccuracy of the filed documents the respective territorial unit of the Executive Agency for the vine and wine shall notify the applicant within 7 days.
(5) The applicant shall be obliged to remove the admitted incompleteness and/or inaccuracy within 14 days from receiving the notification.
(6) The Executive Agency for the vine and wine shall enter the vine farms in the register within 14 days from filing the documents or from removal of the incompleteness and/or inaccuracy.
(7) Every vine farm shall be entered in the register under para 1 by an individual identification number.
(8) The identification number under para 7 shall consist of 11 digit, as the first shall identify the vine region, the second – the number of the territorial unit of the Executive Agency for the vine and wine at the location of the vine farm, from third to seventh – the code of the Single Classifier of the administrative-territorial and territorial units of the settlement on the territory where the vine property is located, from eighth to eleventh – number of entry.
(9) The individuals and corporate bodies managing registered vine farms shall be obliged, within 30 days from the occurrence of a change in the circumstances under para 3, as well as a change of the structure of the vine farm, to declare them to the territorial units of the Executive Agency for the vine and wine at the place of registration of the vine farm.
(10) (new - SG 51/06) For implementing official registration of the vine farms the Executive Agency on Vine and Wine shall requested the following documents:
1. registers of the vine properties to the map of reinstated property, certified by the Municipal Offices "Agriculture and Forests";
2. cadastral registers of vine properties according to the cadastral map of the settlements with terminated support of the map of reinstated property by the Municipal Offices "Agriculture and Forests" upon approval of the cadastral map of the respective territory according to the order of the Law on Cadastre and Property Register certified by the Agency of Geodesy, Cartography and Cadastre;
3. registers to the approved plans of the newly formed properties for vine plants falling within the lands referred to in § 4 of the Law of the Ownership and the Use of the Farm Land, certified by the respective municipal administration.
(11) (new - SG 51/06) Provided that upon check on place the Executive Agency on Vine and Wine establishes that the natural or the legal person - producer of wine grape, has not registered the vine farm managed by him, the Executive Agency on Vine and Wine shall register it ex officio and shall enter it into the register referred to in para 1. In such cases as date of registration of the vine farm shall be considered the date of delivery of the notification.
Legal settlement of the planting, replanting, engrafting and uprooting of vines
(New, SG 56/02)
Art. 23b.
(prev. art. 23a – SG 16/04) (1) (amend., SG 16/04)
OMISSIS……………………………………..
Chapter four.
RULES REGARDING THE ENOLOGICAL PRACTICES AND PROCESSING
Section I.
General Provisions
Permitted enological practices
OMISSIS……………………………………………..
Section II.
Enrichment of the viticulture and wine products
Increase and reduction of the natural alcohol content
Art. 28.
(1) (suppl., SG 16/04)
The increase of the natural alcohol content may be made to a maximum of up to 2 volume percents:
1. of the fresh grape, the partially fermented grape must and of the new wine in a process of fermentation can only be made by adding sucrose, concentrated grape must or concentrated rectified grape must;
2. of the grape must can be made by adding sucrose, concentrated grape must, rectified grape must or by partial concentration.
3. of the wine, fir for production of table wine and of table wine can be made by partial concentration in cold.
(2) (amend., SG 16/04) The conditions and the order of using sucrose, concentrated grape must and rectified grape must for increase of the natural alcohol content of the grape, the grape must, the partially fermented grape must and of the new wine in the process of fermentation, the sweetening of the table wines and of the imported wines, as well as the control over these manipulations shall be settled by the ordinance under Art. 26, para 1.
Increase and reduction of the acid content
Art. 29.
(1) Increased and reduced can be the acid content of the fresh grape, the grape must, the partially fermented grape must, the new wine in the process of fermentation and of the wine.
(2) The increase of the acid content of the fresh grape, the grape must, the partially fermented grape must and of the new wine in a process of fermentation can be made to a maximum of 1.5 grams per litre, expressed as tartaric acid, and of the wine - to a maximum of up to 2.5 grams per litre expressed as tartaric acid.
(3) The reduction of the acid content of the wine can be made to a maximum of up to 1 gram per litre expressed as tartaric acid.
Increase and reduction of the natural sugar content and of the acid content
Art. 30.
(Amended - SG. 56 of 2002, amended. - SG. 36 of 2008)
is not permitted acidification and increased sugar content, as well as promotion and deacidification of one same product, except in unfavorable natural and climatic conditions and with the permission of the Minister of Agriculture and Food or authorized person in the terms and conditions specified in the ordinance of art. 26 para. 1.
Conditions of sweetening and concentration of the wine
Art. 31.
(1) Not permitted shall be the sweetening of the table wines when the fresh grape, the grape must, the partially fermented grape must, the new wine in a process of fermentation, the wine fit for production of table wine or the table wine itself have been subject to one of the manipulations according to Art. 28.
(2) Permitted shall be the sweetening of the table wines on condition that the products under para 1 have not been subject to some of the manipulations according to Art. 28 and the sweetening is carried out by means of concentrated grape must, of concentrated rectified grape must or grape must and on condition that the total alcohol content of the wine has not been increased by more than 2 volume percents.
Regime of the manipulations
Art. 32.
(1) (amend., SG 16/04)
Permitted shall be any of the manipulations under Art. 28 - 31 with exception of the increase and reduction of the acid content of the wine to be carried out only once during the processing of the grape, the grape must, the partially fermented grape must, the new wine in a process of fermentation into wine fit for production of table wine, into table wine or into another beverage from grape and wine, different from the frothy and frothy-fizzy wine and designated for direct consumption.
(2) The conditions under para 1 also regard the manipulations for the increase and reduction of the acid content and the concentration of the wines fit for the production of table wines.
(3) The increase and reduction of the acid content of the wines shall be carried out only in the place of production of the wine.
(4) Permitted is the concentration through cooling, as well as the increase and reduction of the acid content of the wines throughout the whole year.
(5) (Amend., SG 56/02) The manipulations under Art. 28 - 31 shall be subject to declaring at least 48 hours before their fulfilment before the territorial units of the executive Agency for the vine and wine. The persons - producers, processors, bottling and merchants, registered or licensed in the context of this law, shall enter regularly in the ledgers for the incoming and outgoing raw materials and products the available quantity of sugar, concentrated grape must and rectified grape must.
Conditions for adding ethyl alcohol of agricultural origin, spirit of wine and wine distillate
Art. 33.
(1)Not permitted shall be the addition of ethyl alcohol of agricultural origin, spirit of wine and wine distillate in the wine and the wine products except in the cases of production of spirited grape must, liquor wines, aromatic wines, noble sweet wines and vermouths.
(2) (Amended - SG. 56 of 2002, amended. - SG. 16 of 2004, amended. - SG. 36 of 2008) the Council of Ministers upon proposal of the Minister of agriculture and food supply may exceptionally allow the addition of ethyl alcohol, wine alcohol and wine in the wine and distillate products of grapes and wine in the terms and conditions of the ordinance under Art. 26 cpv. 1.
Section III.
Analyses
Art. 34.
(1) The physical and chemical and microbiological analysis of the wines, the alcoholic beverages and the beverages and the products from grape and wine shall be carried out by accredited laboratories.
(2) (*) (new, SG 16/04; amend. - SG 51/06) Physical-chemical and microbiological analysis of wines for their approval as quality wines, produced in a definite region, and for exercising control over their production, as well as for wines intended for export, shall be carried out by laboratories of the Executive Agency for the vine and wine.
(3) (Amended - SG. 56 of 2002, the previous paragraph. 2 am. - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 36 of 2008) Organoleptic evaluation of wines, brandies and brandy is made by regional commissions to tasting wine regional chambers and central arbitration tasting committee of the Ministry of Agriculture and Food. Structure and activities of the tasting committee shall be determined by rules issued from the Ministry of Agriculture and Food.
(4) (prev. para 3 – amend., SG 16/04) Organoleptic assessment shall be carried out only for samples accompanied by analysis certificates issued by laboratories under para 1.
(4) (revoked, SG 16/04)
(5) (new, SG 16/04) The organoleptic assessment of quality wines produced in a definite region, and of wines for export, shall be made only of samples accompanied by an analysis certificate issued by the laboratories under para 2.
(6) (new, SG 16/04; amend. and suppl. - SG 51/06) For carrying out physical-chemical and microbiological analysis in the laboratories under para 2 and service of the activity of the Central Arbitration Tasting Commission referred to in para 3 the Executive Agency for the vine and wine shall collect fees.
Chapter five.
ALCOHOLIC BEVERAGES
Art. 35.
(1) (Suppl., SG 56/02; amend. - SG 51/06)
OMISSIS…………………………………
Section I.
Registration (title amend., SG 16/04)
Art. 40.
(1) (Amend. and suppl., SG 56/02)
The production of wine grape, wine and other products from grape or wine shall be carried out by corporate bodies and individuals who are listed in the register of the National viticulture and wine chamber. The persons who produce wine grape, wine and products from grape or wine for family consumption shall not pay a fee for the entry in the register. The certificate for registration shall present as producers of wine grape, wine and products from grape and wine for family consumption without the right to offer wine grape, wine and products from grape and wine on the market.
(2) (amend., SG 16/04; amend. - SG 51/06) The production of wine grape for production of quality wine produced in a definite region, the production of quality wine produced in a definite region, as well as the production of grape rakya and brandy shall be carried out by persons - members of the regional viticulture and wine chambers.
(3) (amend. and suppl., SG 16/04; amend. - SG 51/06) The production of spirits, distillates and alcoholic beverages can be carried out by persons registered according to the Commercial Law, the Law of the Co-operations or the legislation of a Member State of the European Union or other state – party of the European Economic Area Agreement, entered in the register of the producers of spirit, distillations and alcoholic beverages. The register of the producers of spirit, distillations and alcoholic beverages shall contain a special section "Small establishments for distillation intended for production of rakiya". It shall be public, maintained in electronic form and published in Internet.
(4) (Amended - SG. 56 of 2002, amended. - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 82 of 2009, in force on 16.10.2009) Producers of alcohol, distillates and spirits are registered in the Ministry of Economy, Energy and Tourism based on addressed to the Minister of Economy, Energy and Tourism for registration to applying the following documents:
1. (Amended - SG. 34 of 2006, in force since 01.01.2008) current certificate of registration in the commercial register;
2. technical information regarding the open-air and closed production sites or warehouses, indicating square surface and their location, full description of the technological equipment, including the vessels and their volume;
3. original or notary certified copy of a document certifying the commissioning of the site, issued by the order of the Law for the spatial planning;
4. original or notary certified copy of a certified technical specification for production of spirit, distillations or alcoholic beverages and declaration by the producer for carrying out production by the order of the ordinance under art. 36;
5. (revoked – SG 51/06)
6. a list of full names, UCC of the technologists in charge of the production process and who make entries in the journals under art. 40b;
7. (Amended - SG. 105 from 2005, with effect from 01.01.2006, amend. - SG. 34 of 2006, in force since 01.01.2008) certified copy of the trader certificate of registration under the Tax-Insurance Procedure Code;
8. declaration by the producer stating that he has not carried out production without registration, unless the production without registration (licence) has received an administrative penal sanction by the order of art. 76 and art. 77, and that he has not been written off the register, unless 12 months have expired from the enactment of the order for writing off;
9. (Amended - SG. 51 of 2006, amended. - SG. 82 of 2009, in force on 16.10.2009) document for payment for record producers of alcohol, distillates and spirits in an amount determined by the Tariff of fees to be collected within the Ministry of Economy, Energy and Tourism in the State Fees Act.
(5) (Amended - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 82, 2009, in force since 16.10.2009 d .) Based on the application with the documents referred to in para. 4 Minister of Economy, Energy and Tourism or his authorized deputy minister within 14 days of submission of documents or the removal of gaps in them or refuse to issue an order granting a certificate of record producers of alcohol, distillates and spirits under the conditions and procedures established by the ordinance under par. 11.
(6) (Amended - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 82, 2009, in force since 16.10.2009 d .) Minister of Economy, energy and tourism or his authorized Deputy Minister refuse to issue a certificate of record producers of alcohol, distillates and spirits:
1. with incomplete and / or inaccuracy in the documents that are not remedied within the time specified by the ordinance under par. 11;
2. If, after checking, it is established that the applicant does not have the technological capability to produce ordered drinks and / or products.
(7) (Amended - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 82, 2009, in force since 16.10.2009 d .) Minister of Economy, Energy and Tourism or his authorized Deputy Minister by order removed from the register under para. 3 producer of alcohol, distillates and spirits:
1. at the request of the manufacturer;
2. termination or liquidation of the dealer;
3. death of natural person - entrepreneur;
4. for the establishment of an effective act of controlling authority when:
a) the manufacturer can not provide the necessary technological and sanitary conditions for production of alcohol, distillates and / or spirits;
b) there is a cessation of production by the manufacturer for a period of six months, found by the inspection bodies;
c) a change in the circumstances of the certificate issued to record producers of alcohol, distillates and spirits, which was not declared before the issuing authority;
d) there are no records of art. 40b, or does not result in the entry of incorrect data records, failure to statement given by the ordinance of art. 11 for production, realized and available quantities and assortments alcohol, distillates and spirits, the production of toxic or counterfeit products.
(8) (new, SG 16/04) A producer written off from the register under the terms of para 7, item 4, letter "b" – "d" may apply for entry in the register of the producers by the order of para 5 not earlier than 12 months from the enactment of the order for writing off from the register, and in the cases of para 7, item 4, letter "a" – upon providing the necessary conditions.
(9) (new, SG 16/04, amend. - SG 30/06, in force from 12.07.2006) The orders under para 5 and 7 shall be subject to appeal by the order of the Administrative procedure code.
(10) (New - SG. 16 of 2004, amended. - SG. 51 of 2006, amended. - SG. 82, 2009, in force since 16.10.2009, the ) In the changed circumstances under par. 4 in 14 days registered producer of alcohol, distillates and spirits lodge an application to the Minister of Economy, Energy and Tourism and documents evidencing the change and document for payment under the tariff for the fees to be collected in the Ministry of Economy, Energy and Tourism in the State Fees Act. Registration or refusal to fit changing circumstances in the register of producers of alcohol, distillates and spirits takes place under conditions and in accordance with para. 5 and 6.
(11) (prev. para 8 – amend., SG 16/04) The Council of Ministers shall adopt ordinance for the conditions and the order of registering, deletion from the register, the data subject to entry, the way of keeping the ledgers, the contents and the form of the declarations of the harvest and the commodity availability and control over the registered persons and their activity.
Art. 40a.
(new, SG 16/04) (1)
The observance of the technological requirements in the production of spirit, distillations and alcoholic beverages shall be established by certifying a technical specification for production of spirit, distillations and alcoholic beverages.
(2) (Amended - SG. 51 of 2006, amended. - SG. 82 of 2009, in force on 16.10.2009) validation of technical
specification is done by checking compliance of its contents with his signature, date and number of officials - that authorized by the Minister of Economy, Energy and Tourism.
(3) (Amended - SG. 51 of 2006, amended. - SG. 82, 2009, in force from 16.10.2009) for obtaining certification under par. Submit a written according to the manufacturers approved by the Minister of Economy, Energy and Tourism model technical specification for the production of alcohol, distillate and spirit.
(4) For incompleteness and/or inaccuracy of the presented technical specification the officials under para 2, within 14 days, shall notify the applicant by the order of the Civil Procedure Code along with instructions for their removal within a period not longer than one month.
(5) For failure to remove the incompleteness and/or inaccuracy within the period under para 4 the technical specification shall be left without consideration.
(6) The officials shall certify the technical specification under para 1 within 14 days from filing and/or from removal of the incompleteness and/or inaccuracy under para 4.
(7) Amendments and supplements of the technical specifications shall be introduced by the order of the ordinance under art. 40, para 11.
Art. 40b.
The producers of wine, products of grape and wine, spirit, distillations and alcoholic beverages shall be obliged to keep journals for entering data allowing to determine and control the authenticity, the origin, the category of the goods and the performed production manipulations. The requirements to keep the journals, as well as the data subject to entry shall be determined by the ordinance under art. 40, para 11.
Art. 40c.
(new, SG 16/04)
(1) (amend. - SG 51/06)
Owners or tenants of small establishments for distillation intended for production of rakiya (points of distillation of rakiya) may be persons registered under the Commercial Law, the Law for the Cooperations or the legislation of a Member State of the European Union or other state – party of the European Economic Area Agreement.
(2) (amend. - SG 105/05, in force from 01.01.2006) The persons under para 1 shall file application for registration in the respective territorial directorate of the National Revenue Agency, attached to which shall be the documents under art. 40, para 4, item 1, 2, 3, 5 and 7, as well as a list of full names and UCC of the persons managing the production process (supervisors of points), and who must meet the requirements of the ordinance under art. 40, para 11.
(3) (amend. - SG 105/05, in force from 01.01.2006) On the grounds of the application and the attached documents under para 2 the respective director of the territorial directorate of the National Revenue Agency, within 14 days from filing the documents or from removal of the incompleteness thereof, shall issue or refuse, by an order, the issuance of a certificate for registration. The director of the territorial directorate of the National Revenue Agency shall refuse the issuance of a certificate for registration in the presence of the circumstances under art. 40, para 6.
(4) (Amended - SG. 105 of 2005, in force from 01.01.2006, amend. - SG. 51 of 2006 amended. - SG. 82 2009 . in force from 16.10.2009) the directors of the territorial directorate of the National Revenues Agency within 7 days of issuance of the order under par. 3 sent to the Minister of Economy, Energy and Tourism copy of the certificate under par. 3. The certificate contains information under par. 2 registered object.
(5) (Amended - SG. 51 of 2006, amended. - SG. 82, 2009, in force since 16.10.2009) The Minister of economy, energy and tourism on the basis of the certificate under par. 3 fits small distilleries in the special section of the register under Art. 40, para. 3. For entry in the register is not charge.
(6) (amend. - SG 105/05, in force from 01.01.2006) The director of the territorial directorate of the National Revenue Agency, by an order, shall nullify the certificate:
1. at a request of the owner;
2. upon the death of the individual;
3. on termination or liquidation of the entrepreneur;
4. upon an act of a control body where:
a) the respective person under para 1 cannot provide the necessary sanitary-hygienic conditions in the point for distillation of rakiya, as well as the necessary technological capacities for production of the declared products;
b) there is a change in the circumstances of the issued certificate for entry in the register, which has not been declared before the body of issuance;
c) production of toxic rakiya is present;
d) conditions of production according to the requirements of the ordinance under art. 36 have not been provided.
(7) (Amended - SG. 105 of 2005, in force from 01.01.2006, amend. - SG. 51 of 2006, amended. - SG. 82 2009 . in force from 16.10.2009) the directors of the territorial directorate of the National Revenue Agency within 7 days of cancellation of the certificate, inform the Minister of Economy, Energy and Tourism.
(8) A point deleted from the register under the conditions of para 6, item 4, letter "b" – "d" may be entered in the register not earlier than 12 months from the enactment of the order for deletion, and in the cases of para 6, item 4, letter "a" – upon providing the necessary conditions.
(9) (amend. - SG 30/06, in force from 12.07.2006) The orders under para 3 and 6 shall be subject to appeal by the order of the Administrative procedure code.
(10) (amend. - SG 105/05, in force from 01.01.2006) For change of the circumstances under para 2 the respective person under para 1 shall file, within 14 days, an application to the director of the territorial directorate of the National Revenue Agency. Enclosed to the application shall be the documents certifying the change. The entry or the refusal to enter the changes of the circumstances in the register under art. 40, para 3 shall be carried out under the terms and by the order of para 2 and 3.
(11) The terms and the order of issuing and entering the certificates for registration and their writing off from the register, the data subject to entry, the way of working with the documents necessary for their activity and the control over it shall be settled by the ordinance under art. 40, para 11.
(12) (amend. - SG 105/05, in force from 01.01.2006) The supervisors of the points under para 1 shall enter daily in a journal, certified by the director of the territorial directorate of the National Revenue Agency, the fermented fruit material received for distillation. The journal shall contain data for the persons owners of fermented fruit material, the quantity and the kind of the material, the quantity and the alcohol content of the ready products.
Section II.
Production of wine and rakya for family consumption
Declaring the production (title amend. SG 16/04)
OMISSIS…………………………………………
Section III.
Transportation of grape, wine, products from grape or wine, spirits, distillates and alcoholic beverages (Suppl., SG 56/02)
Accompanying documents
OMISSIS………………………………………
Chapter six.
"a" DISTILLATION (NEW - SG 51/06, IN FORCE FROM THE DATE OF ENTERING INTO FORCE OF THE TREATY OF ACCESSION OF THE REPUBLIC OF BULGARIA TO THE EUROPEAN UNION)
OMISSIS……………………………………..
Chapter seven.
RULES REGARDING OFFERING ON THE MARKET OF WINE, ALCOHOLIC BEVERAGES AND OTHER VITICULTURE AND WINE PRODUCTS
Section I.
Offering on the market of wine, alcoholic beverages and other viticulture and wine products on the territory of the country
OMISSIS………………………………………………………
Section II.
Offering wine, alcoholic beverages and viticulture and wine products for direct consumption
OMISSIS………………………………………………….....
Chapter eight.
VITICULTURE AND WINE CHAMBERS AND CONTROL
Section I.
Inter professional organisations
National and regional representative inter professional organisations
Art. 52.
(1) (amend. - SG 51/06)
The inter professional organisation of the producers, processors, merchants of grape, wine and products from grape and wine shall be the National viticulture and wine chamber (NVWC) and the Association of the Producers, Importers and Traders of Alcoholic Beverages (APITAB).
(2) (amend. - SG 51/06) The National viticulture and wine chamber and the Association of the Producers, Importers and Traders of Alcoholic Beverages have the purpose of assistance and protection of the common interests of its members, protection and control of the origin, the quality and authenticity of the produced and traded products and development of the viticulture and wine production.
(3) (amend. - SG 51/06) The National viticulture and wine chamber and the Association of the Producers, Importers and Traders of Alcoholic Beverages are legal persons with headquarters in Sofia.
(4) (amend., SG 16/04; amend. - SG 51/06) The National viticulture and wine chamber and the Association of the Producers, Importers and Traders of Alcoholic Beverages shall adopt statutes of their structure and activity.
(5) (amend., SG 16/04) The regional viticulture and wine chambers are corporate bodies with seats and territorial range determined by the general assembly of NVWC and carrying out its activity by observing the decisions of the general assembly of the National viticulture and wine chamber.
(6) Right to the name "regional viticulture and wine chamber" shall have only corporate bodies meeting the conditions under this law.
Art. 53.
The National viticulture and wine chamber shall have the following functions:
1. (amend., SG 16/04) participate in the working of the strategy under art. 1, para 4;
2. (Amended - SG. 56 of 2002, amended. - SG. 51 of 2006, amended. - SG. 36 of 2008, amended. - SG.82 2009 , in force on 16.10.2009)
An annual report on the state of viticulture and wine in the country and submit it to the Minister of Agriculture and Food, Minister of Economy, Energy and Tourism and the Minister of Finance;
3. participate in the development of draft normative acts related to the viticulture and wine production sector;
4. work out statements on the normative acts related to the viticulture and wine production;
5. (Amended - SG. 56 of 2002, amended. - SG. 36 of 2008) is the Ministry of Agriculture and Food Supply ways of allocating funds from the State Fund for Agriculture Development and support viticulture;
6. summarise the information received from the regional viticulture and wine chambers and, if necessary, extend proposals to the Council of Ministers for interference by the state on the viticulture and wine market;
7. approve the internal rules adopted by the regional viticulture and wine chambers;
8. (new - SG 51/06) develop and adopt good practices for production and placing on the market of wine and products of grape and wine compulsory for the wine producers;
9. (New - SG. 51 of 2006, amended. - SG. 36 of 2008, amended. - SG. 82 of 2009, effective on 10/16/2009) develop and for approval by the Minister of Agriculture and Food and the Minister of Economy, Energy and Tourism guide implementation of management practices and product safety in the manufacture and marketing of wine grapes, wine, spirits and other products of grapes or wine;
10. (prev. text of item 08, amend. - SG 51/06) create and maintain national register of the producers of wine grape, wine and other products from grape and wine;
11. (prev. text of item 09 - SG 51/06) participate in determining the micro regions of the viticulture potential;
12. (prev. text of item 10 - SG 51/06) make proposals for approval of quality wines from definite region by the order of the ordinance under Art. 8, para 7;
13. (amend., SG 16/04; prev. text of item 11, amend. - SG 51/06) approve the members of regional tasting commissions which carry out organoleptic analysis and assessment of wines, grape rakya and brandy by an order determined by the regulations under Art. 34, para 3;
14. (Amend., SG 56/02; prev. text of item 12 - SG 51/06) make proposals for supplement and amendment of the specialised maps and register of the vines;
15. (prev. text of item 13, amend. - SG 51/06) exercise control over the activity of the regional viticulture and wine chambers regarding the issuance of certificates of origin for quality wines with name of origin of the producers of wine and certificates for authenticity of the producers of grape rakya and brandy and impose the sanctions stipulates by the statutes of NVWC;
16. (prev. text of item 14 - SG 51/06) participate in disputes on defence of the quality and origin of the wines when it is authorised by its members;
17. (prev. text of item 15 - SG 51/06) control the acts of the regional viticulture and wine chambers regarding their compliance with the statutes of NVWC and with the decisions of the general assembly;
18. (prev. text of item 16 - SG 51/06) carry out other functions assigned by a law.
Art. 54.
Members of NVWC can be:
1. regional viticulture and wine chambers;
2. (amend., SG 16/04) individuals and corporate bodies who are owners or process vines with area over 100 decares or who are producers of wine and viticulture and wine products of total volume over 250 thousand liters annually, or who trade wine and viticulture and wine products with annual turnover over 2 million litres;
3. scientific viticulture and/or wine organisations;
4. producers of vine planting material, as well as other persons who assist or contribute to the development of the viticulture, the production and trade with wines in the Republic of Bulgaria.
Art. 54a.
(new - SG 51/06)
Members of the Association of the Producers, Importers and Traders of Alcoholic Beverages may be:
1. natural and legal persons who are producers, importers and/or traders of alcoholic beverages;
2. scientific organizations, schools, specialized laboratories, institutes and other organizations;
3. producers of vine seeding material as well as other persons cooperating or contributing to the development of the production and trade with alcoholic beverages in the Republic of Bulgaria.
Art. 55.
(1) The general assembly of NVWC shall consist of representatives of the regional viticulture and wine chambers at a norm of representation determined by the statutes of the chamber and authorised representatives of the remaining persons under Art. 54.
(2) (Amended - SG. 56 of 2002, amended. - SG. 51 of 2006, amended. - SG. 36 of 2008, amended. - SG. 82 of 2009, in force from 16.10.2009) The Minister of Agriculture and Food, Minister of Economy, Energy and Tourism, Minister of Finance and the Minister of Health may participate in the work of the General Assembly with voting rights NVWC.
Art. 56.
(1) (amend. - SG 51/06)
The National viticulture and wine chamber shall create and maintain a national register of all producers of wine grape, producers of wine and products from grape and wine.
(2) The conditions and the order of registration shall be determined by the ordinance under Art. 40, para 8. The National viticulture and wine chamber cannot refuse entry in the register to persons who meet the conditions stipulated by the ordinance.
(3) Only the persons registered under para 2 can use the preferences for the viticulture and wine production provided by this law.
Art. 57.
(1) Members of the regional viticulture and wine chamber can be:
1. (amend., SG 16/04) owners of vines and uteruses located on the territory of the regional viticulture and wine chamber united in viticulture and wine associations with total area not less than 100 decares;
2. corporate bodies and individuals, producers of vine planting material;
3. persons who are not included in the circle of the persons under item 1 and process vines located on the territory of the regional viticulture and wine chamber, members of viticulture and wine associations;
4. viticulture and wine cooperations carrying out their activity on the territory of the regional viticulture and wine chamber;
5. producers of wine and viticulture and wine products with total volume of production not less than 100 thousand litres annually, carrying out their activity on the territory of the regional viticulture and wine chamber;
6. merchants of grape, wine and viticulture and wine products who, within one calendar year have purchased not less than 200 t grape or 150 thousand litres annually;
7. persons with agronomic education;
8. persons who assist or contribute to the development of the viticulture, the production and the trade of wine in the Republic of Bulgaria.
(2) The persons under para 1 who possess, process vines or carry out their activity on the territory of more than one regional viticulture and wine chamber are members of the respective regional viticulture and wine chambers.
Art. 58.
The regional viticulture and wine chamber for the territory on which it functions shall:
1. (amend. - SG 51/06) adopt professional rules for the viticulture which shall be approved by NVWC;
2. assist the municipal councils, the central and the territorial bodies of the executive authority in the development of their economic policy and expedient functioning of programmes and projects, including on the issues of the urban development and the development of the agricultural and viticulture regions and populated areas;
3. give prescriptions to the owners who have left their plants unprocessed, for carrying out the necessary anti-erosion and plant protection measures and for processing of the vine plants; if the prescriptions are not fulfilled the regional viticulture and wine chamber can:
a) carry out for account of the owner the necessary measures with the purpose of protecting the remaining vine plants, or
b) to organise the processing of the vine plants, the harvest and the realisation of the harvest, as well as the relations between the owners and the regional viticulture and wine chamber to be settled by the general claim order;
c) the (amended - SG. 56 of 2002, amended. - SG. 30, 2006, in force from 12.07.2006, amend. - SG. 36 of 2008 ) if the owner of the vines can not be found or for two years after the prescription is not making the necessary care for their treatment in order to protect other crops from disease or destruction and protection of other members of the unnecessary costs of compulsory treatment of the abandoned plantation , regional Vine and Wine Chamber is the Minister of Agriculture and Food to order the eradication of cultivation at the expense of the owner; act, which provides eradication, subject to appeal under the Administrative Code;
4. give opinion in changing the purpose of agricultural land which has been allocated for viticulture; in restoring the purpose of the land for viticulture the regional agricultural office shall be obliged to require the consent of the regional viticulture and wine chamber;
5. (amend. - SG 51/06) form regional tasting commissions for organoleptic assessment of wines, grape rakyas and brandy;
6. (amend. - SG 51/06) issue certificate of origin of grape grown for production of quality wines produced in a definite region, certificate of origin of quality wines produced in a definite region and a certificate of authenticity to the producers of grape rakiya and brandy; the form and the contents of the certificates and the order of their issuance shall be settled by the ordinances under Art. 8, para 11 and Art. 36; certificate of origin of grape shall also be issued when the grape was grown for the production of table and regional wines.
Art. 59.
(1) (amend. - SG 51/06)
The regional viticulture and wine chambers shall adopt professional rules in compliance with the requirements of the law and the by-law normative acts which determine the norms of expedient planting and processing, the order of planting, unified plant protection of the vines, grape harvesting, as well as other professional requirements in the field of viniculture.
(2) (Amend., SG 56/02) The professional rules determined by the respective regional viticulture and wine chamber shall apply for all terrains included in the specialised map and register of the vines.
(3) In case the professional rules contradict the professional requirements NVWC shall not approve the rules and shall give instructions and recommendations which shall be obligatory for the regional viticulture and wine chambers. If NVWC, within 30 days from sending the rules, does not give instructions and recommendations to the regional viticulture and wine chambers, it shall be considered that the rules have been approved.
(4) (Amend., SG 56/02) The professional rules shall be announced to the interested persons, to the mayors of municipalities and to the territorial units of the Executive Agency for the vine and wine by an announcement in a place determined for the purpose in the respective municipality and published in at least one local newspaper. The professional rules shall enter into force 15 days after their announcement.
Art. 60.
(1) The regional viticulture and wine chamber shall control the observance of the professional rules. In establishing their violation the regional viticulture and wine chamber can obligate the offender to carry out or not certain activities.
(2) In violating the professional rules on the part of persons who are not members of the regional viticulture and wine chamber it can make a warning for termination of the illegal behaviour, as well as to prescribe the carrying out of activities complied with the professional rules.
Art. 61.
The regional viticulture and wine chamber shall also carry out other functions assigned by a law.
Art. 62.
(1) (Amended - SG. 56 of 2002, amended. - SG. 36 of 2008)
To encourage the development of viticulture at the proposal of regional Vine and Wine Chamber Minister of Agriculture and Food - for land from the state land fund and the municipal council - the land of the municipal land fund, providing long-term land use for viticulture.
(2) The period for granting land under par. 1 can not be less than 35 years.
Art. 62.
(1) For stimulation of the development of the viticulture, at the proposal of the regional viticulture and wine chamber, the Minister of Agriculture and Forests - for the lands of the state land fund, and the municipal council - for the lands of the municipal land fund, shall submit land for long-term using for viticulture.
(2) The term of submission of lands under para 1 cannot be less than 35 years.
Art. 63.
(1) The state control bodies and NVWC shall cooperate and inform each other about the results from their control activities.
(2) The bodies of the local independent government, the central and the territorial bodies of the executive authority shall interact with the bodies of NVWC and with the regional viticulture and wine chamber for achieving the purposes of the law. Within the frames of this cooperation they shall submit to each other the necessary information.
(3) In working out draft normative acts related to the viticulture and wine sector the competent state bodies shall require the opinion of NVWC.
Art. 64.
(amend. - SG 51/06)
For the activities under Art. 53, item 10 and Art. 58, item 5 and 6 the regional viticulture and wine chambers shall collect fees whose amount shall be determined by a tariff approved by the Council of Ministers.
Section II.
Control
Art. 65.
(Amended - SG. 56 of 2002, amended. - SG. 30, 2006, in force from 12.07.2006, amend. - SG. 51 of 2006, amended . - SG. 36 of 2008, amended. - SG. 82 of 2009, in force from 16.10.2009)
The Minister of Agriculture and Food, Minister of Economy, Energy and Tourism and Any interested party may appeal the unlawful decisions of regional and NVWC Vine and Wine Chamber under the Administrative Code.
Art. 66.
(1) (Amended - SG. 56 of 2002, amended. - SG. 36 of 2008)
to monitor compliance with the requirements of the law of the vines, the grapes intended for wine, grape products and wine grapes and wines is created Executive Agency on Vine and the Minister of Agriculture and
(2) (Amend., SG 56/02; suppl., SG 16/04) The Executive Agency for the vine and wine is a corporate body at budget support, with headquarters in Sofia.
(3) (Amend., SG 56/02) The Council of Ministers shall adopt regulations for the statute, the structure, the organisation and the activity of the National Agency for the vine and wine.
(4) (revoked, SG 16/04)
(5) (New, SG 56/02; revoked, SG 16/04)
Art. 66a.
(new, SG 16/04)
(1) For the purposes of exercising control of the viticulture potential the Executive Agency for the vine and wine shall:
1. carry out inspections on the spot for the compliance of the data from the declarations for location of the vine farms, for crop, for production, for stored quantities;
2. carry out inspections on the spot for compliance of the data from the declarations for uprooting, planting and replanting of wine sorts of vines;
3. carry out documentary inspections and inspections on the spot for observance of the order of planting, replanting, engrafting and uprooting of vine plants;
4. observe the dynamics of ripening of the grape.
(2) For the purposes of exercising control over the production and trade of wine and products from grape and wine the Executive Agency for the vine and wine shall:
1. (suppl. - SG 51/06) carry out documentary inspections and inspections on the spot for observing the permitted enological practices and processing, as well as the adopted by NVWC and compulsory for the wine producers good practices for production and placing on the market of wine and products of grape and wine;
2. carry out inspections on the spot for compliance of the production conditions in the act for approval of quality wine produced in a definite region;
3. carry out inspections on the spot for compliance of the production conditions of the act for approval of regional wine;
4. carry out documentary inspections and inspections on the spot for the correctness of the entries in the journals for managing the technological process and their compliance with the accompanying documents and available stock;
5. take samples for physical, chemical and microbiological analysis and for organoleptic assessment;
6. carry out physical, chemical and microbiological analysis of quality wines produced in a definite region, and of wines for export;
7. determine and assign a control number of the quality wines produced in a definite region and control its correct using;
8. carry out inspections for observance of the requirements for marking and trade presentation of the wines and products of grape and wine;
9. (new - SG 51/06) carry out inspections for compliance with the requirements for issuing of accompanying documents for transportation of grape, wine and products form grape and wine.
(3) For achievement of the objectives of the control under para 1 and 2 the officials of the Executive Agency for the vine and wine shall have the right to free access to:
1. the vine plants;
2. (suppl. - SG 51/06) the sites for production, storing and trade of wine and products of grape and wine, including also trade establishments for wholesale and retail trade;
3. the transport vehicles carrying grape, wine and products of grape and wine;
4. the journals for the technological process, the accountancy and other documents necessary for the purposes of the control, and they may require certified copies from them.
(4) The officials from Executive Agency for the vine and wine may draw in experts in the respective sphere where the inspection is particularly complex and requires special knowledge.
Art. 66b.
(new, SG 16/04)
The officials from the Executive Agency for the vine and wine shall be obliged:
1. to establish precisely the facts during the control exercised by them;
2. to give obligatory prescriptions for removal of non-compliances and violations of the law;
3. to give conclusions on the objections in connection with the established violations;
4. to keep the official, production and trade secret and not to make public data from the inspections before their conclusion, as well as not to use the information from the inspection beyond its purpose;
5. to notify the respective specialized control body in the presence of violation of another normative act.
Art. 66c.
(new, SG 16/04)
(1) The Executive Agency for the vine and wine and the other control bodies shall cooperate and shall inform each other about the results from their control activity.
(2) The bodies of local independent government, the central and the territorial bodies of the executive authority shall interact with the Executive Agency for the vine and wine. They shall submit to each other the necessary information within the frames of this cooperation.
(3) The Council of Ministers shall adopt an ordinance for the control and coordination of the control over the wines, spirit, distillations and alcoholic beverages.
(4) (Amended - SG. 36 of 2008) Minister of Agriculture and Food shall submit annually by March 31 for approval at the Council of Ministers report on the checks as required by the ordinance under par. 3 and the state of wine.
Art. 66d.
(new - SG 51/06)
The control of fulfillment of the requirements referred to in art. 39a and 39b shall be carried out by officials authorized by the executive director of the Executive Agency on Vine and Wine.
Chapter nine.
ENCOURAGEMENT OF THE VITICULTURE
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Additional provisions
§ 1. In the context of this law:
1. "Viticulture terrain" is agricultural land suitable for growing vines.
2. (Amend., SG 56/02) "Viticulture massif" is one or several cadastral regions of homogeneous and specific natural conditions, with plants of characteristic for the massif sort composition and technology of growing and with established viticulture and wine producing traditions.
3. "Viticulture micro region" is a combination of two and more viticulture massifs.
4. "Viticulture region" is a combination of two and more viticulture micro regions.
4a. (New, SG 56/02) "Vine farm" is an economic and technological unit of united management located on the territory of one viticulture region, consisting of vine estates and where the producer of wine grape is owner of the vine estates or who uses them on other legal grounds.
4b. (New, SG 56/02) "National Reserve of rights of planting wine sorts of vines" is a combination of rights of planting, supplemented and managed for the purpose of regulating the viticulture potential.
4c. (New, SG 56/02) "Vine estate" is a land estate with definite boundaries, planted with vines within or out of fruit period.
5. "Uterus" is a vine plantation designated for production of padding notches or grafts.
6. "Fresh grape" is the fruit of the vine, in technological ripeness, fit to be processed and to undergo alcohol fermentation.
7. "Grape must" is a liquid product from fresh grape, obtained in a natural way or by physical means, having actual alcohol content not exceeding 1 volume percent.
8. (amend., SG 16/04) "Partially fermented grape must" is a liquid product originating from the fermentation of grape must, having actual alcohol content more than 1 volume percent and lower than three fifths of its total alcohol content.
9. (amend., SG 16/04) "Partially fermented grape must obtained from overripe grape" with total sugar content minimum 272 grams per litre, having undergone partial alcohol fermentation, as a result of which it has natural and actual alcohol content not less than 8 volume percents.
10. (amend., SG 16/04) "Spirited grape must" is a liquid product with actual alcohol content equal or more than 12 volume percents and less than 15 volume percents and obtained through adding to not fermented grape must with natural alcohol content not less than 8.5 volume percents and originating from grape from permitted or recommended sorts of vines of:
a) neutral alcohol of wine origin, including alcohol - a result from the distillation of a product obtained from dry grape with alcohol content less than 80 volume percents;
b) not rectified product originating from the distillation of wine with actual alcohol content not less than 52 volume percents and not more than 80 volume percents.
11. "Concentrated grape must" is a product obtained through partial dehydration of grape must carried out by all permitted methods different from direct heating, so that the refractometrically determined density at temperature 20 oC must not be lower than 50.9 percent. The product shall originate exclusively from grape from classified sorts of vines and to have actual alcohol content not exceeding 1 volume percent.
12. "Concentrated rectified grape must" is a product obtained through partial dehydration of grape must, carried out by all permitted methods, different from direct heating, so that the refractometric determined density at temperature 20 oC shall not be lower than 61.7 percent. The raw material for obtaining the product must have undergone the permitted processing for reduction of the acid content and removal of the other components except the sugar. The raw material shall originate exclusively from classified sorts of vines and must have actual alcohol content not exceeding 1 volume percent.
13. "Grape juice" is a liquid not fermented product with actual alcohol content not exceeding 1 volume percent, obtained through suitable processing designated for consumption. The grape juice is obtained:
a) from fresh grape or grape must;
b) through rehydration of concentrated grape must or concentrated grape juice.
14. "Concentrated grape juice" is grape juice obtained through partial dehydration of grape juice carried out by all permitted methods different from direct heating, so that the refractometrically determined density at temperature 20 oC is not lower than 50.9 percent and has actual alcohol contents not exceeding 1 volume percent.
15. "New wine in a process of fermentation" is wine whose alcohol fermentation has not ended and which is not separated from the wine sediments.
16. "Wine fit for production of table wine" is wine originating exclusively from grape from classified sorts of vines with actual alcohol content at least 7.5 volume percents.
17. (amend. - SG 51/06) "Wine vinegar" is the vinegar obtained exclusively by the vinegar acid fermentation of wine and/or piquet with total acid content not lower than 60 grams per litre, expressed as vinegar acid.
18. "Wine sediments" are the sediments exuded in the containers containing grape must or wine after the fermentation, in storing or after permitted processing, as well as the sediments obtained after filtration or centrifugation of the product.
19. "Grape marc" is the solid residue from the pressing of fresh, fermented or not fermented grape.
20. (amend. - SG 51/06) "Healthy and of acceptable quality wine lees" are lees that do not have deviation of the colour and/or taste and are safe.
21. "Piquet" is a product obtained by alcohol fermentation of not fermented grape marc, soaked in water or obtained through extraction by water from fermented grape marc.
22. "Strengthened wines" are products:
a) (amend., SG 16/04) having actual alcohol content not lower than 16 volume percents and not more than 24 volume percents;
b) obtained exclusively by addition of not rectified product originating from distillation of wine, not containing residual sugar and having maximal actual alcohol content 86 volume percents;
c) having maximal content of volatile acids 1.5 grams per litre expressed as vinegar acid.
23. "Defective and sick" are grape must or wines with difference in the colour and/or the aroma and/or the taste which can be rectified or cured with the help of enological practices and processing permitted by this law.
24. "Spoiled" are grape must or wines which cannot be rectified or cured with the help of enological practices and processing permitted by this law.
25. "False products" are those:
a) with added substances in concentrations different from the permitted by the law;
b) added to which are substances not permitted by the law;
c) which have been subject to prohibited practices and processing;
d) (Amend., SG 56/02) which have been subject to permitted practices, processing and processes but in deviation from the norms established for them;
e) (Amend., SG 56/02) whose marking, labelling or trade presentation do not correspond to their actual contents, category, origin, type and/or kind.
26. "Toxic" are the products which contain substances in concentration dangerous for the health or the life of the consumer.
27. "Safe" are the wines, the products from grape and wine and the alcoholic beverages which do not contain or contain within the frames of the stipulated norms physical and/or chemical and/or biological and/or radiological pollutants or additives, as a result of which in normal and correct consumption they cannot cause toxic, cancerous, mutative, allergic or other damages to the human health.
28. "Alcoholic beverages" are liquids containing ethyl alcohol which:
a) are designated for consumption;
b) have specific organoleptic characteristics and alcohol content at least 15 volume percents;
c) are obtained:
- directly, through distillation of fermented products, with or without aromatic substances and/or through infusion of substances from vegetal origin in ethyl alcohol of agricultural origin and/or through addition of aromatic substances, sugar and other permitted sweeteners and/or other agricultural products to ethyl alcohol of agricultural origin and/or wine distillate or to a distillate of agricultural origin and/or to rakya;
- through mixing one alcoholic beverage with another or more alcoholic beverages and/or with ethyl alcohol of agricultural origin, distillate of agricultural origin or rakya and/or with wines and beverages.
29. "Alcohol content" is the content of pure ethyl alcohol in the respective products in volume percents.
30. "Natural alcohol content" is the total alcohol content of the product before any enrichment whatsoever.
31. "Actual alcohol content" is the available content of pure alcohol at temperature 20 oC.
32. "Potential alcohol content" is the alcohol content which would be obtained by full alcohol fermentation of the sugar contained in the respective product.
33. "Total alcohol content" is the sum of the potential and actual alcohol content.
34. "Coupaging" is the mixing of wines or must:
a) from the Republic of Bulgaria but of different geographic origin, obtained from the grape from different sorts of vines or from different vintage;
b) from different countries;
c) from different categories.
35. "Not coupaging is":
a) the addition of concentrated grape must with the purpose of increasing the natural alcohol content of the respective product;
b) the sweetening of table wine, of quality wine from definite region when the product used for sweetening originates from the definite geographic region whose name is borne by the respective wine;
c) the production of wine of the category of quality wines from definite region by methods traditional for the region.
36. "Wine production" is the processing of fresh grape, smashed or not, of grape must, of partially fermented grape must, of grape juice or of new wines in a process of fermentation into wine through full or partial alcohol fermentation.
37. "Wine cellar" is a production structure carrying out wine production.
38. "Bottling enterprise" is an individual or a corporate body or a group of these persons who place the respective product in containers for trade purposes, for their account personally or through other persons.
39. "Certificate of origin" is a document certifying the origin of a definite quantity of grape or quality wine from a definite region.
40. (amend. - SG 51/06) "Certificate of authenticity" is a document certifying the compliance of a definite quantity of grape rakya or brandy with the requirements for production and typical organoleptic characteristics.
41. (suppl., SG 16/04) "Sender" is the person who keeps on legal grounds grape, wine, products from grape and wine, spirits, distillates and alcoholic beverages and who carries out or assigns their transport.
42. "Enological practices" are specific technological practices in the production of grape must, partially fermented grape must, partially fermented grape squash, freshly spirited grape must, concentrated grape must, rectified grape must, wines, new wines in a process of fermentation, wine fit for production of table wine, sparkling wines and special wines.
43. (new, SG 16/04) "Family consumption" is a produced quantity of wine and rakiya not for sale, obtained from own grape and/or fruits, limited in quantity and designated for consumption by one household.
44. (new - SG 51/06) "Synthetic spirit" means liquid alcoholic product which is not obtained by fermentation, distillation and rectification of raw materials of agricultural origin, the water contents of the product do not originate from the raw materials included, and the physical and chemical indicators do not comply with the respective appendix of the ordinance referred to in art. 36.
45. (new - SG 51/06) "Separation of establishments for distillation" means the physical separation of the facilities for wine production from the facilities for distillation with the purpose of control implementation.
46. (new - SG 51/06) "Neutral alcohol" means ethyl alcohol of agricultural origin which complies with the requirements for ethyl alcohol according to Appendix No. 1 to art. 27, para 3 of the Ordinance for the Definitions of the Types of Alcoholic Beverages, the Rules for their Production, Allowed Additives and the Requirements for their Use (prom. - SG 59/01; amend. - SG 08/2002, SG 81/04, SG 78/05) and is intended for use in the production and mixing of alcoholic beverages.
47. (new - SG 51/06) For the needs of the control at the application of art. 51 "spirit" shall mean "any water alcoholic mixture above 80 % vol.".
48. (new - SG 51/06) "By-products" shall be the grape marc and wine lees.
49. (new - SG 51/06) "Healthy and of acceptable quality wine lees" are lees that do not have deviation of the colour and/or taste and are safe.
50. (new - SG 51/06) "Good practices" means a system of basic hygienic and technological rules for work applicable in the production and trade of wine grape, wine, alcoholic beverages and other products from grape or wine, in order to reduce to acceptable minimum the risk of pollution of the products by production or human activity.
51. (new - SG 51/06) "System of hazard analysis and critical control points (HACCP)" means a system of procedures for implementation of independent control and ensuring the safety of the products for the human health in compliance with the requirements of Code Alimentarius.
§ 1a. (new - SG 51/06) The Council of Ministers shall adopt a tariff for the taxes collected by the Executive Agency on Vine and Wine.
Transitional and concluding provisions
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