FLAGSTATE PERFORMANCE SELF-ASSESSMENT FORM

(in accordance with MSC/Circ.889/MEPC/Circ.353)

GENERAL

1. Name of State/Associate Member

The Republic of Bulgaria

2. Name of contact person responsible for the completion of this form

capt. NIKOLAY APOSTOLOV

Executive Director

Executive Agency “Maritime Administration”[1]

Name of Administration:

Executive Agency “Maritime Administration”

within the Ministry of Transport

Address:

9-11 “Dyakon Ignatii” Str.,

Sofia 1000,

The Republic of Bulgaria

Telephone number:

+359 2 9300910

Fax number:

+359 2 9300920

E-mail address:

.3 Indicate to which of the following international instruments your State is a Party and which (optional) MARPOL 73/78 Annexes have been ratified

Yes No

SOLAS 74

SOLAS Protocol 78

SOLAS Protocol 88

MARPOL 73/78

Annex III

Annex IV

Annex V

Annex VI

LL 66

LL Protocol 88

TONNAGE 69

COLREG 72

UNCLOS

Clarifications, comments or additional information on Question 3:

4.1How many merchant ships of 100 gross tonnage and

upwards, subject to the relevant instruments you indicated

in question 3, are currently flying the flag of your State? 113 ships

4.2What is the total gross tonnage of merchant ships flying

the flag of your State? 910 045.09 GT

Clarifications, comments or additional information on Justin 4.1 and 4.2:

Fishing vessels, barges and vessels operating exclusively in Bulgarian waters are excluded from the total number of merchant ships of 100 GT and upwards.

INTERNALCRITERIA

Legalframework

5. Does your Administration have the necessary laws in force to implement international maritime safety and pollution prevention instruments with regard to:

Yes No

.1 the construction, equipment and management of ships;

.2 the prevention, reduction and control of pollution of the marine

environment;

.3 the safe loading of ships;

.4 the manning of ships; 

.5 the safety of navigation (including taking part in mandatory reporting

and routing systems), maintenance of communications and prevention of

collisions?

Clarifications, comments or additional information on Question 5:

The table below gives detailed information on the Bulgaria’s adhesion to the listed in Item 3 IMO instruments and their enforcement.

Instrument / Date of ratification / Date of notification / Date of entry into force / Date of promulgation in State Gazette No./date
1 / International Convention for the Safety of Life at Sea (SOLAS), 1974 / 28.07.1983. / 02.11.1983. / 02.02.1984. / 12/04.02.2005.
2 / 1978 Protocol to the International Convention for the Safety of Life at Sea (SOLAS), 1974 / 28.07.1983. / 02.11.1983. / 02.02.1984. / 12/04.02.2005.
3 / 1988 Protocol to the International Convention for the Safety of Life at Sea (SOLAS), 1974 / 04.02.2004. / 13.04.2004. / 13.07.2004. / 12/04.02.2005.
4 / International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) / 26.07.1984. / 12.12.1984. / 12.03.1985. / 12/04.02.2005.
Annex I: Prevention of pollution by oil / 26.07.1984. / 12.12.1984. / 12.03.1985. / 12/04.02.2005.
Annex II: Control of pollution by noxious liquid substances / 26.07.1984. / 12.12.1984. / 12.03.1985. / 12/04.02.2005.
5 / Annex III: Prevention of pollution by harmful substances in packaged form / 21.08.1992. / 13.05.1993. / 13.08.1993 / 12/04.02.2005.
6 / Annex IV: Prevention of pollution by sewage from ships / 21.08.1992. / 13.05.1993. / 13.08.1994 / 12/04.02.2005.
7 / Annex V: Prevention of pollution by garbage from ships / 21.08.1992. / 13.05.1993. / 13.08.1995 / 12/04.02.2005.
8 / Annex VI: Prevention of Air Pollution from Ships / 13.10.2004. / 03.12.2004. / 19.05.2005. / 12/04.02.2005.
9 / International Convention on Load Lines, 1966 / 06.12.1968. / 30.12.1968 / 30.3.1969 / 81/12.09.2003.
10 / 1988 Protocol to the International Convention on Load Lines, 1966 / 04.02.2004. / 02.06.2004. / 02.09.2004. / 96/29.10.2004.
11 / International Convention on Tonnage Measurement of Ships, 1969 (TONNAGE 69) / 30.08.1982. / 14.10.1982. / 14.01.1983. / 15/14.02.2003.
12 / Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72) / 06.03.1975. / 29.04.1975. / 15.06.1977. / 17/21.03.2003.
13 / United Nations Convention on Law of the Sea UNCLOS / 24.04.1996 / 14.06.1996 / 73/ 27.08.1996 and 74/30.08.1996

Article 5, paragraphs 4 and 5 of the fundamental law of the country, i.e. the Constitution of the Republic of Bulgaria stipulates: “(4) International treaties which have been ratified in accordance with the constitutional procedure, promulgated and having come into force with respect to the Republic of Bulgaria, shall be part of the legislation of the State. They shall have primacy over any conflicting provision of the domestic legislation.

(5) All legislative acts shall be promulgated and shall come into force three days after the date of their publication unless otherwise envisaged by the acts themselves.”

In this respect all the IMO instruments, which are ratified by the Republic of Bulgaria constitute a part of its national legislation. Furthermore these acts are directlyapplicable and in order to enforce their provisions it is not specifically required to transpose same into the national laws and regulations.

Nevertheless a great number of the requirements of the IMO conventions and codes are transposed in different acts of the primary and secondary legislation. Thus the main legislative national acts regulating the safety of navigation and security and the protection of the marine environment from pollution from ships – The Merchant Shipping Code and the Law on the maritime spaces, inland waterways and ports of the Republic of Bulgaria incorporate some of the fundamental requirements of the IMO instruments.

Currently the Minister of Transport has appointed a working group, which is tasked with the preparation of the ratification by the Republic of Bulgaria of the HNS Convention 1996.

Furthermore many specific requirements are further detailed in a number of bylaws, like:

Ordinance No. 1 on the inviolable reserves of the sea-going ships,

Ordinance № 3 on tonnage measurement of sea-going vessels,

Ordinance No. 4 on recognition of organizations for surveys of ships and shipowners,

Ordinance No.5 on ship’s documents,

Ordinance No.6 on seafarers competence in the Republic of Bulgaria,

Ordinance No. 7 on the order of visiting, manoeuvring and stay of ships in the ports and roadsteads for loading and unloading, boarding and disembarking of crew, passengers and other persons and ship- shore communication,

Ordinance no. 9 on the medical services on board ships,

Ordinance No. 11 on ships’ surveys and shipowners’ audits,

Ordinance No. 12 on Port State Control inspections,

Ordinance No.15 on the delivery and reception of ship-generated waste and cargo residues,

Ordinance No.16 on the processing and carriage of dangerous goods by sea and inland water ways,

Ordinance No.20 on the safety rules and standards for passenger ships,

Ordinance No.21 on the fishing vessels’ safety,

Ordinance No. 23 on the investigation of accidents in the maritime spaces and inland waterways,

Ordinance No.53 on the conditions and rules for achieving of ships’ and ports’ security,

Ordinance No. 54 on the technical requirements and conformity assessment of the marine equipment,

Ordinance on ships’ routing systems and the systems for reporting and vessel traffic management and information services in the maritime spaces of the Republic of Bulgaria and in the Bulgarian search and rescue region,

Ordinance on the essential requirements and conformity assessment of pleasure boats.

Clarifications, comments or additional information on Question 5.1:

The requirementsfor the construction, equipment and management of ships are implemented through:

-Articles 72 and 73 of the Bulgarian Merchant Shipping Code;

-Ordinance No. 1 of the Minister of Transport on the inviolable reserves of the sea-going ships, promulgated in SG 26/31.03.1981., in force since 01.07.1981.

-Ordinance No.11 of the Minister of Transport and Communications on surveys of the ships and the shipowners, promulgated in SG 52/2004, in force since 21.06.2004., last updated SG 101/ 16.11.2004 (blanket clauses: Art. 73, para. 3 of the MSC)

-Ordinance No. 53 of the Minister of Interior and the Minister of Transport and Communications on rules and procedures for security of vessels and ports, promulgated in SG 72/2004, in force since 07.08.2004. (blanket clauses: Art. 60 of the LMSIWPRB)

-Ordinance No. 54 /12.07.2004. of the Minister of Transport and Communications on essential requirements and conformity assessment of marine equipment, promulgated in the State Gazette on 31.08.2004. The laterhas entered into force on 01.01.2005.

-Ordinance of the Council of Ministers on the essential requirements and conformity assessment of recreational crafts, promulgated in SG 96/09.11.2001, last amended SG 13/11.02.2003.

-Ordinance of the Council of Ministers on the relations between the shipowner and the crew members with regard to labour and labour related conditions, promulgated in SG 93/2003, in force since 22.01.2004. (blanket clauses: Art. 88b of the BMSC)

-Mandatory regulation No. 94 of the Executive Director of the Executive Agency “Maritime Administration” on provision of the Bulgarian ships with immersion suits, the requirements thereto and their location, issued on 06.12.2005, has entered in force on 01.07.2006.

Clarifications, comments or additional information on Question 5.2:

The requirements for prevention, reduction and control of the marine environment pollution are those contained in MARPOL as amended, and are implemented through:

-Articles 72 and 73 of the Bulgarian Merchant Shipping Code (BMSC);

-Articles 53, 54 and 57 of the Law on Bulgarian Maritime Spaces, Inland Waterways and Ports (LBMSIWP);

-Ordinance no. 15 of the Minister of Transport and Communications on the rules and conditions for collecting ship generated waste and cargo residues;

-Black Sea Oil Pollution Prevention Emergency Plan.

-Mandatory regulation No. 92 of the Executive Director of the Executive Agency “Maritime Administration” on implementation of the requirements of Annex VI of MARPOL 73/78 on the Bulgarian ships and their owners, issued on 30.04.2005., entered in force on 10.05.2005.

Clarifications, comments or additional information on Question 5.3:

Requirements regarding safe loading of ships are contained in:

-the Bulgarian Merchant Shipping Code, Art.363, paragraphs 5, 6, 7;

-Ordinance № 7/23.05.2001. of the Minister of Transport and Communications on calls maneuvers and stay of ships in ports and roadsteads for loading and unloading, embarkation and disembarkation of crew, passengers or other persons and ship-to-shore communication, promulgated in the State Gazette and entered into force on 19.06.2001last amended on 01.07.2003.

-Ordinance No. 9 of the Minister of Transport and Communications on the requirements for the operational fitness of the ports, promulgated in SG 55/2001, in force since 22.06.2001, (blanket clauses: Art. 104, para.1 of the LMSIWPRB)

-Ordinance No. 16 of the Minister of Transport and Communications on handling and carriage of dangerous goods by sea and inland waterways, promulgated in SG 53/ 30.06.2006

-Mandatory regulation No. 91 of the Executive Director of the Executive Agency “Maritime Administration” on establishing harmonize requirement and procedures for safe loading and unloading of bulk curriers, which has entered into force on 09.11.2004.

Clarifications, comments or additional information on Question 5.4:

Requirements concerning manning of ships are contained in:

-Merchant Shipping Code, Ch.V, Art.87 and 88; Art.363, para. 8

-Ordinance No.6 of the Minister of Transport and Communications on the Seafarers’ competence in the Republic of Bulgaria, promulgated in SG 101/04.12.2007.

-Ordinance No.11 of the Minister of Transport and Communications on the survey of the ships and the shipowners, promulgated in SG 52/2004, in force since 21.06.2004., last updated SG 101/ 16.11.2004 (blanket clauses: Art. 73, para. 3 of the MSC)

-Ordinance of the Council of Ministers on the relations between the shipowner and the crew members with regard to labour and labour related conditions, promulgated in SG 93/2003, in force since 22.01.2004. (blanket clauses: Art. 88b of the MSC)

Clarifications, comments or additional information on Question 5.5:

Requirements concerning safety of navigation, maintenance of communications and prevention of collisions are found in:

-Art.77 and 78 of the Merchant Shipping Code

-Art.362 Para.1 section 3 of the Merchant Shipping Code

-Ordinance No. 1 of the Minister of Transport and Communications on the rules and conditions of pilotage in the Republic of Bulgaria, promulgated in State Gazette issue 12/2001, in force since 2001.

-Ordinance No. 7 of the Minister of Transport and Communications on the order of visiting, manoeuvring and stay of ships in the ports and roadsteads for loading and unloading, boarding and disembarking of crew, passengers and other persons and ship-shore communications, promulgated in SG 55/2001, in force since 22.06.2001., (blanket clause: Art. 99 of theLaw on Maritime Spaces Inland Waterways and Ports of the Republic of Bulgaria)

-Ordinance of the Council of Ministers on ships routing, ships reporting and vessels traffic management and the information systemsin the sea spaces of the Republic of Bulgaria and in the Bulgarian maritime search and rescueregion (blanket clause: Art.244 a of the MSC, Art. 60 of the Law on Bulgarian Maritime Spaces, Inland Waterways and Ports), adopted with a decree No. 200 of the Council of Ministers on 12.09.2005., promulgated in State Gazette issue No. 76/20.09.2005. entered into force on 23.09.2005.

-Ordinance No. 20 of the Minister of Transport on safety rules and standards for passenger ships, promulgated in SG 82/2005, in force since 01.01.2007.

-Mandatory regulation No. 87/2.03.2004 (use of certified pilots in the North Sea and English Channel)

  1. Does your Administration have the necessary laws in force to ensure the Yes No

provision of penalties of adequate severity to discourage violation of

international instruments to which your State is a Party?

The legal instruments ensuring the provision of penalties to discourage infringement of international instruments are as follows:

-Penalty Code of the republic of Bulgaria, Articles 340, 352A and 353A;

-Merchant Shipping Code – Articles 74, 78, 362, 363 and 368

As per the Bulgarian legislation the marine environment pollution constitutes a crime and such cases are regulated in the Penal Code, which stipulates as follows:

Art. 352. (1) (Amend., SG 95/75; SG 86/91; SG 85/97; amend., SG 26/04) Who pollutes or admits pollution of water streams, basins, underground waters or the territorial and internal sea waters, the soil and the air, thus rendering them dangerous for the people, the animals and the plants or unfit for using for cultural and household, health, agricultural and other economic needs shall be punished by imprisonment of up to five years and by a fine of one hundred levs to five thousand levs.

(2) (amend., SG 26/04) The same punishment shall be imposed to an official who has admitted in designing, construction or operation of draining or irrigation systems not to take the necessary precautions for preventing dangerous pollution of the water supply zones for drinking water supply or the raising of the level of the underground waters in the populated and resort areas.

(3) (Amend., SG 10/93; amend., SG 92/02) If the act under the preceding paras has been committed by negligence the punishment shall be corrective labour or a fine of one hundred to three hundred levs.

(4) (New, SG 95/75; amend., SG 28/82; SG 10/93; amend., SG 92/02) In minor cases under para 1 and 2 the punishment shall be a fine of one hundred to three hundred levs, and under para 3 - from three to ten levs imposed through administrative channels.

Art. 352a. (New, SG 95/75) (1) (Amend., SG 86/91; SG 85/97) Who pollutes or admits the pollution by petrol products or derivatives territorial or internal sea waters or sea waters in zones determined by an international agreement party to which is the Republic of Bulgaria, shall be punished by imprisonment of one to five years and by a fine of up to twenty thousand levs.

(2) (Amend., SG 10/93) If the act under the preceding para has been committed by negligence the punishment shall be imprisonment of up to three years and a fine of up to five hundred levs.

(3) (Suppl., SG 28/82; amend., SG 10/93; amend., SG 92/02) In minor cases under the preceding paras the punishment shall be a fine of one hundred to three hundred levs imposed through administrative channels.

(4) (Amend., SG 10/93) A captain of a ship or of another vessel who does not announce immediately, at the closest port, about throwing out in waters, according to para 1, of petrol products or derivatives, or of other substances dangerous for the people, the animals or the plants, shall be punished by a fine of up to five hundred levs.

(5) (Suppl., SG 28/82; amend., SG 10/93; amend., SG 92/02) A captain or another person from the commandment of a ship, who does not fulfil an obligation for entry in the ship documents of an operation with substances dangerous for the people, animals or plants, or enters in them false information for such operations, or refuses to present these documents to the respective officials, shall be punished by a fine of one hundred to three hundred imposed through administrative channels.

B. Penalties for violations which do not constitute a crime shall be imposed in accordance with the procedure provided for in the following national instruments:

1. MERCHANT SHIPPING CODE (Title amended, SG NO. 113/2002, published in “State Gazette”, issue No 55, dd 14th July 1970, last revision: issue 108 dd 29.12.2006)

“Article 374. Any shipowner, who or which suffers the vessel thereof to sail off in violation of the requirements of safety and prevention of environmental pollution, shall be liable to a fine or a pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 50,000.”

2. LAW ON THE MARITIME SPACES, INLAND WATERWAYS AND PORTS OF THE REPUBLIC OF BULGARIA (Published in “State Gazette”, issue No 12, dd 11th February 2000, last revision: issue 109 dd 29.12.2007)

Chapter 5 (Five) Administrative and penal provisions.

“Article 119

(1) If not subject to a heavier penalty, the following shall be fined between BGN 150,000 and BGN 500,000:

1. (amended, SG No. 24/2004) anyone committing or permitting a violation of the provisions of Article 53; par.1 and 2

2. a master of a foreign non-military ship who orders or permits commercial fishing in the exclusive economic zone, in the internal sea waters or the inland waterways.

(2) The penalty provided for in the preceding Paragraph shall be imposed also on a master of a foreign non-military nuclear-powered or nuclear-armed ship, as well as on a master of a foreign non-military ship carrying nuclear, radioactive or other dangerous or toxic substances, who enters without authorisation the internal sea waters or does not submit to the inspection of documents, to dosimetric inspection or any other inspection on board the ship, in connection with the protection of the environment.

(3) If not subject to a heavier penalty, the following shall be fined between BGN 5000 and BGN 15000, anyone committing or permitting a violation of the provisions of Article 53, par.4 and Article 75a

(4) A penalty between BGN 300 000 and BGN 600 000 shall be imposed on a legal person, that gets enriched itself or will be enriched by violation of banning under the art. 53, par. 1, committed by:

1. an authority to take decisions on behalf of the legal person, or

2. a power of representation of the legal person, or

3. an authority to exercise control within the legal person

(5) When the persons referred to in par.4 -1,2 and 3 committed offences intentionally and caused significant damage to marine environment a legal person shall be fined between BGN 1 500 000 and BGN 3 000 000 .

(6) The penalty under the par. 4 and 5 shall not exclude criminal proceedings against persons who are involved in the offences.”

  1. Does your Administration have the necessary laws in force to provide for Yes No

ship inspections to ensure compliance with international maritime safety and

pollution prevention standards, to which your State is a Party?

The legal instruments providing compliance with the international maritime safety and pollution prevention standards are laid down in:

-Articles 73 and 78 of the Bulgarian Merchant Shipping Code;

-Ordinance No. 1/10.01.2003. of the Minister of Transport and Communications on entry in the register of vessels, promulgated in the State Gazette on 24.01.2003, last amended 19.07.2005.;