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International Treaties of the Republic of Bulgaria Act
Last update: 2008-08-22 04:52:15
Chapter One
GENERAL PROVISIONS
Article 1
This Act establishes the procedure for preparatory work and conclusion of international treaties by the Republic of Bulgaria, as well as the procedure for observance, amendment, suspension of the operation, termination, custody and registration of the international treaties whereto the Republic of Bulgaria is a party.
Article 2
(1) This Act shall apply to any bilateral or multilateral treaty concluded in written form between the Republic of Bulgaria and other States or international organizations, whether embodied in a single instrument or in two or more related instruments.
(2) The provisions of this Act shall furthermore apply, mutatis mutandis, to the agreements of the Republic of Bulgaria with non-resident persons wherein the Republic of Bulgaria participates as a subject of public law, where any such agreements are subject to ratification by the National Assembly according to Article 85 (1) of the Constitution of the Republic of Bulgaria.
Chapter Two
PREPARATORY WORK FOR CONCLUSION OF
INTERNATIONAL TREATIES
Article 3
The drafts of international treaties shall be prepared by the competent minister or head of central-government department after detailed research and in accordance with the Constitution, the legislation and the international obligations of the Republic of Bulgaria.
Article 4
(1) Together with the draft referred to in Article 3 herein, there shall be prepared a draft of a report to the Council of Ministers which shall substantiate the need to conclude the treaty and shall set forth the expected results and financial consequences of the application thereof, the consistency thereof with the provisions of the Constitution, the legislation and the international obligations of the Republic of Bulgaria, as well as with the law of the European Union.
(2) Should the observance of the treaty require that statutory instruments be adopted or that domestic legislation be amended and supplemented, the draft of the report shall specify the relevant actions which must be taken in statutory and subordinate legislation, as well as the public authorities which are competent to prepare the said actions.
(3) Where the draft of an international treaty contains provisions which require amendments to the Constitution of the Republic of Bulgaria, the draft of a report shall substantiate the need of participation of the Republic of Bulgaria in the said treaty and, respectively, the need of such amendments, motivating the specific proposals for effecting them. The international treaty shall be concluded after adoption of the said amendments.
Article 5
(1) The draft of an international treaty and the draft of a report to the Council of Ministers shall be coordinated with the Minister of Foreign Affairs, as well as with the other ministers and heads of the central-government departments concerned, inter alia on the matter of the amendments which have to be effected in domestic legislation regulating the subject matter lying within the competence of the said ministers and heads in connection with the application of the treaty.
(2) Where, upon coordination according to the procedure established by Paragraph (1), it shall be ascertained that the draft of an international treaty contains any provisions conflicting with the legislation of the Republic of Bulgaria, the report shall expressly specify the relevant statutory instruments and provisions, as well as the proposals by the Minister of Justice and the other ministers and heads of central-government departments concerned for elimination of the said conflicts.
Article 6
(1) The draft of an international treaty shall be introduced before the Council of Ministers for approval together with a report and a draft of decision. The written observations of the other ministers and heads of central-government departments concerned shall be attached to the report, specifying which of their recommendations have not been accepted and on what grounds.
(2) Where conclusion of the treaty requires the consent of the National Assembly under Item 9 of Article 84 of the Constitution or the authorization of the Grand National Assembly under Article 158 (2) of the Constitution, the said consent or authorization shall likewise be attached to the report.
Article 7
(1) The provisions of Articles 3 to 6 herein shall furthermore apply where a draft of an international treaty, prepared by another State or by an international organization, is proposed as a basis for the conduct of negotiations. In such a case, the proposer shall submit, in addition to the original version in a foreign language, a translation of the draft into the Bulgarian language.
(2) The provisions of Articles 4 to 5 herein shall apply accordingly to the preparatory work for accession of the Republic of Bulgaria to a multilateral international treaty, with the proposer submitting, in addition to the original version in a foreign language, a translation of the draft into the Bulgarian language. Where it shall be necessary for the Republic of Bulgaria to formulate any reservations to or declarations on a multilateral treaty, the proposer shall substantiate the said reservations or declarations in the draft of a report and shall include them in the draft of a Council of Ministers decision.
(3) The provisions of Articles 3 to 6 herein shall apply accordingly to the preparation of a draft of an agreement to amend an international treaty, as well as to a proposal to terminate a treaty, to suspend the operation thereof and to withdraw from a multilateral treaty whereto the Republic of Bulgaria is a party.
Article 8
(1) The Council of Ministers shall adopt a decision approving the draft of an international treaty or the draft of an amendment of an international treaty whereto the Republic of Bulgaria is a party as a basis for the conduct of negotiations and shall designate the head of the delegation to hold the negotiations and to sign the treaty.
(2) By the decision thereof referred to in Paragraph (1), the Council of Ministers in the cases under Article 4 (2) and (3) herein shall entrust the competent ministers and heads of central-government departments with preparation of the requisite measures and shall establish time limits for implementation of the said measures.
(3) By the decision thereof referred to in Paragraph (1), the Council of Ministers shall mandatorily pronounce regarding the proposal referred to in Article 6 (2) herein.
(4) The Council of Ministers shall adopt a decision approving the proposals referred to in Article 7 (2) and (3) herein.
Chapter Three
CONCLUSION OF INTERNATIONAL TREATIES
Article 9
(1) International treaties shall be concluded:
1. by the President of the Republic of Bulgaria, after coordination with the Council of Ministers depending on the significance and subject matter of the treaty or conforming with the level of public authorities who will sign the treaty as coordinated between the parties;
2. by the Council of Ministers, in conformity with the subject matter of the treaty and of the provisions thereof.
(2) In the cases where an international treaty lies within the discretionary competence of a specified minister or head of central-government department, the said minister or head shall conclude the treaty with the relevant authority of another State in pursuance of a Council of Ministers decision.
(3) Any Council of Ministers decision adopting a draft treaty shall expressly specify who must sign the said treaty.
Article 10
(1) The Minister of Foreign Affairs shall hand the draft as approved to the other party and shall coordinate the time and venue of the negotiations.
(2) With regard to any treaties referred to in Article 9 (2) herein, the acts provided for in Paragraph (1) shall be performed by the competent minister or head of central government department.
Article 11
(1) The draft of an international treaty or the draft of an amendment of an international treaty whereto the Republic of Bulgaria is a party, as approved by the Council of Ministers, shall serve as a basis of the negotiations.
(2) Where a material departure from the draft referred to in Paragraph (1) shall become necessary in the course of the negotiations, the initialling and signing of the treaty shall follow approval by the Council of Ministers.
Article 12
Any bilateral international treaty shall be drawn up in two identical copies, each one in the Bulgarian language and in the language of the other party. The treaty may furthermore be drawn up in a third language as well or in a third language only. Each of the copies shall be equally authentic.
Article 13
(1) Full powers for the negotiating and signing of international treaties shall emanate from the Minister of Foreign Affairs in pursuance of a Council of Ministers decision.
(2) The President of the Republic, the Prime Minister and the Minister of Foreign Affairs may conclude international treaties without having to produce full powers.
Article 14
The consent of the Republic of Bulgaria to be bound by international treaties shall be expressed by ratification or by approval, acceptance, accession, definitive signature not followed by ratification or approval, as well as by exchange of the instruments constituting the treaty.
Article 15
(1) Where an international treaty shall be subject to ratification according to the Constitution of the Republic of Bulgaria, the Council of Ministers shall move to the National Assembly to ratify the said treaty by statute.
(2) Where the Constitution does not require the ratification of an international treaty, the Council of Ministers shall approve the said treaty by decision.
Article 16
Where a multilateral international treaty provides for the possibility of accession or acceptance, the consent of the Republic of Bulgaria to be bound by the said treaty shall be expressed by means of ratification or approval according to the procedure established in Article 15 herein.
Article 17
Where an international treaty provides for the consent to be bound thereby to be expressed by definitive signature or accession not followed by ratification or approval, any consent to be so bound shall be given by the Council of Ministers and shall be incorporated into the decision on approval of the treaty.
Article 18
Where consent to be bound by an international treaty is expressed by exchange of the instruments constituting the treaty, any such exchange shall be effected by the Minister of Foreign Affairs in pursuance of a Council of Ministers decision.
Article 19
(1) Any reservations to and declarations on a multilateral international treaty shall be formulated upon signature, ratification, approval, acceptance or upon accession.
(2) The text of any reservations and declarations referred to in Paragraph (1) shall be approved by the public authority which has expressed the consent of the Republic of Bulgaria to be bound by the treaty.
(3) Any objections to reservations or declarations made by other parties to a treaty, as well as any withdrawal of reservations and declarations, shall be prepared and adopted according to the procedure established by this Act and shall be declared by the Minister of Foreign Affairs.
Article 20
The Minister of Foreign Affairs shall prepare the instruments of ratification and the instruments of approval, acceptance or accession proceeding from the statute of ratification or the Council of Ministers act of approval and shall deliver the said instruments to the other party or to the depositary of the treaty.
Article 21
The Minister of Foreign Affairs shall notify the other contracting party or the depositary of the treaty of the ratification, approval, acceptance or accession and shall affect the exchange or deposit of the relevant instruments. A protocol shall be drawn up on the exchange of the instruments of ratification.
Article 22
(1) Upon detection of any apparent errors in the text of an international treaty whereto the Republic of Bulgaria is a party, the Minister of Foreign Affairs shall take action through diplomatic channels in order to obtain the consent of the other party or parties for correction of any such error.
(2) In the cases where a treaty has already been promulgated, the correction therein shall be promulgated in the State Gazette upon obtaining of the consent referred to in Paragraph (1). Any such correction shall enter into force on the date of promulgation thereof.
Chapter Four
ENTRY INTO FORCE, PROMULGATION AND LEGAL EFFECT OF
INTERNATIONAL TREATIES
Article 23
Save in the cases referred to in Article 17 herein, an international treaty, once signed, shall be introduced before the Council of Ministers together with a report by the competent minister in coordination with the Minister of Foreign Affairs, with the other ministers and with the heads of the central government departments concerned.
Article 24
(1) An international treaty shall enter into force for the Republic of Bulgaria under the terms and according to the procedure as provided for therein or as additionally agreed between the parties.
(2) Any international treaty referred to in Article 9 (2) herein, which is not subject to ratification by the National Assembly, may enter into force on the date of signature not followed by approval, and this shall be expressly stated in the Council of Ministers decision on approval of the draft of the said treaty.
Article 25
(1) Any international treaty shall be promulgated in the State Gazette within fifteen days after the date of entry thereof into force for the Republic of Bulgaria. Promulgation shall be prepared by the minister or the head of the central-government department which has introduced the proposal for participation of the Republic of Bulgaria in the relevant treaty.
(2) The authority which expresses the consent of the Republic of Bulgaria to be bound by an international treaty may provide for non-promulgation of the said treaty in the act of expression of such consent.
(3) Where an international treaty has been promulgated, the amendment, termination or suspension of the operation of the said treaty shall be subject to promulgation according to the procedure established by Paragraph (1).
Chapter Five
OBSERVANCE OF INTERNATIONAL TREATIES
Article 26
(1) The obligations arising from an effective international treaty whereto the Republic of Bulgaria is a party shall be performed in good faith irrespective of which competent public authority expressed the consent to be bound.
(2) A public authority may not invoke provisions of domestic law as grounds for non-observance of an international treaty whereto the Republic of Bulgaria is a party.
(3) The effect of the provisions of an international treaty in the domestic legal system shall be determined depending on the nature of the said provisions, whether self-executing or not, and on the place of the act of expression of consent to be bound in the hierarchy of the domestic legal system in conformity with the Constitution and the laws of the land.
Article 27
Where adoption of statutes or other statutory instruments or introduction of amendments into the effective legislation shall be necessary for performance of the obligations of the Republic of Bulgaria under an international treaty, the Council of Ministers shall ensure in due course the preparation and presentation before the National Assembly of the relevant draft acts of statutory legislation or the preparation and adoption of the relevant acts of subordinate legislation.
Article 28
(1) Verification of compliance with the international treaties of the Republic of Bulgaria shall be performed by the Council of Ministers.
(2) The ministers, who are competent to apply the international treaty in conformity with the subject matter and provisions thereof, shall be responsible for the performance of the obligations arising from the said treaty for the Republic of Bulgaria.
(3) The Minister of Foreign Affairs shall be monitoring the observance of the international treaties of the Republic of Bulgaria and shall inform the Council of Ministers of any cases of non-observance, should any such cases come to the notice of the said Minister, and may propose remedial action.
Article 29
The provisions of Articles 26 through 28 herein shall apply, mutatis mutandis, to any resolution of an international organization or of an organ thereof which are binding upon the Republic of Bulgaria in virtue of an international treaty.
Chapter Six
CUSTODY, REGISTRATION OF INTERNATIONAL TREATIES AND
DEPOSITARY FUNCTIONS
Article 30
(1) The originals of all international treaties with the participation of the Republic of Bulgaria, including any bilateral and multilateral treaties, for which no depositary has been designated, as well as certified copies of multilateral treaties, shall be in the custody of the Ministry of Foreign Affairs.
(2) The originals of the international treaties referred to in Paragraph (1) shall be delivered into custody immediately after the signature thereof together with the accompanying documents, as well as with all succeeding instruments amending, supplementing, terminating or suspending the operation thereof.
Article 31
The Minister of Foreign Affairs shall perform the acts required for registration of the international treaties of the Republic of Bulgaria with the United Nations and with other intergovernmental organizations in conformity with the obligations assumed by the Republic of Bulgaria.
Article 32
Where the Republic of Bulgaria has been designated depositary of a multilateral international treaty, these functions shall be performed by the Minister of Foreign Affairs.
SUPPLEMENTARY PROVISION
§ 1. Within the meaning of this Act:
1. "Non-resident person" shall be:
(a) any juristic person with registered office outside the territory of the Republic of Bulgaria;
(b) any association which is not a juristic person and which is registered abroad.
2. "Central-government department" shall be an institution of State established by statute or by Council of Ministers decree, whereof the head is empowered to conclude international treaties.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. Any international treaties which were ratified came into force for the Republic of Bulgaria and were promulgated prior to the entry into force of the effective Constitution, shall have the legal effect of the international treaties referred to in Article 5 (4) of the Constitution of the Republic of Bulgaria.
§ 3. The Council of Ministers shall ensure the promulgation in the State Gazette of the effective non-promulgated international treaties, approved according to the legal procedure effective upon their entry into force, within six months after the entry of this Act into force.
§ 4. This Act supersedes Decree No. 1496 on Participation of the People's Republic of Bulgaria in International Treaties (SG No. 62 of 1975).
§ 5. In Article 5 of the State Gazette Act (promulgated, SG No. 89 of 1995; corrected, No. 92 of 1995; amended, No. 123 of 1997, No. 56 of 1999 and No. 1 of 2000), Paragraph (1) shall be amended to read as follows:
"(1) Any international treaties, which are subject to promulgation, shall be transmitted and promulgated in the State Gazette within fifteen days after the date of their entry into force for the Republic of Bulgaria."
This Act was passed by the 39th National Assembly on the thirty first day of October in the year two thousand and one, and the Official Seal of the National Assembly has been affixed thereto.
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