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LAW
ON THE ADMINISTRATIVE REGULATION OF THE MANUFACTURE AND TRADE IN OPTICAL DISCS, MATRICES AND OTHER CARRIERS CONTAINING SUBJECT MATTER OF COPYRIGHT AND NEIGHBORING RIGHTS

Coming into effect on October 15, 2005
Published on September 13, 2005, State Gazette, issue 74;
Last amendment published on October 19, 2007, State Gazette, issue 84.

CHAPTER ONE
GENERAL PROVISIONS

Art. 1. (1) This Law shall govern the administrative regulation of the manufacture, including replication, the distribution, import and export of optical discs (ODs), matrices and other carriers, containing subject matter of copyright and neighboring rights.
(2) This law shall also apply to the manufacture of blank ODs and matrices for their manufacture, as well as to the import and export of raw material for OD manufacture or equipment for the manufacture of ODs, matrices for their manufacture and other carriers.

Licensing   
Art. 2. (1) The manufacture of ODs and matrices for their manufacture shall be performed upon receipt of license.
(2) The license under (1) shall be issued by the Minister of Economy and Energy or a deputy-minister authorized by him.        

Registration
Art. 3 (1) The replication of subject matter of copyright and neighboring rights on blank ODs and other carriers as business activity shall be performed upon registration.
(2) The registration under (1) shall be performed by the Minister of Culture or a deputy-minister authorized by him.

Issuance of certificate for a separate deal, import and export
    Art. 4. The Minister of Culture or a deputy-minister authorized by him shall issue certificates for:
1. Each deal for commissioning the manufacture of recorded matrices and of ODs containing subject matter of copyright and neighboring rights.
2. Each deal for commissioning the replication of subject matter of copyright and neighboring rights on blank ODs or other carriers;
3. Each deal for acquisition of rights for replication and/or distribution of sound recordings or recordings of audiovisual works;
4. Each import and export of matrices, ODs and other carriers containing sound recordings or recordings of audiovisual works.

Notification about the import or export of raw material and equipment
Art. 5. The persons dealing in import and export of raw materials for ODs or equipment for the manufacture of ODs, matrices for their manufacture and other carriers, shall submit a notification of each performed import of export to the Minister of Economy and Energy.

Liability with regard to copyright and neighboring rights owners
Art. 6. The licenses and certificates issued under Art. 4 hereof and the registration under Art. 3 hereof cannot be deemed as grounds for acquiring rights under the Law on Copyright and Neighboring Rights and shall not discharge the persons to which the licenses and certificates are issued or a registration is performed from liability with regard to the holders of copyrights and neighboring rights or their collecting societies.

Fees
Art. 7. (1) For registration and issuance of certificates for registration, for issuance of certificates under Art. 4, for entering of changes in them, for issuance of duplicates of the acts under Chapter 2, and making references in the registers under Chapter 2, fees shall be collected. Such fees are specified in a Fee Tariff, approved by the Council of Ministers, and are collected within the structure of the Ministry of Culture. 
(2) For consideration of an application for issuance of license, for consideration of an application for entering of changes in an issued license and for issuance of duplicates of a license, fees shall be collected. Such fees are specified in a Fee Tariff, approved by the Council of Ministers, and shall be collected within the structure of the Ministry of Economy and Energy. 
 

CHAPTER TWO
Registration regime and issuance of certificates

REGISTRATION OF THE BUSINESS OF REPLICATION OF SUBJECT MATTER OF COPYRIGHT AND NEIGHBORING RIGHTS ON BLANK ODs AND OTHER CARRIERS
Requirements for registration

Art. 8. (1) The registration of the business of replication of subject matter of copyright and neighboring rights on blank ODs and other carriers shall be performed on the grounds of an application filed by a trader with the Ministry of Culture after a pattern approved by the minister of culture. The application shall contain:
1. Data on the applicant:
(a) domestic person - name, address, ID number – for the physical person sole trader; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; unified ID code; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the trade registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
2. Description of the manufacturing facilities (type and number of equipment, make, factory number, type of carrier); 
3. Address/location of the manufacture premises;
4. Address/location of storage premises.
(2) The application should be accompanied by:
1. Current certificate of the entry in the trade register.
2. (Repealed).
3. Certified copy of the certificate for registration under the Tax Insurance Procedure Code.
4. (Repealed).
5. Certified copies of documents verifying the right of ownership or the right to use of the facilities to be set in operation for replication of subject matter of copyright and neighboring rights on blank ODs or other carriers.
6. Criminal conviction certificate of the sole trader and the persons representing the applicant under the court registration.
7. Registration fee receipt.
(3) For the replication by the same person of subject matter of copyright and neighboring rights on blank ODs or other blank carriers that are of a different type, separate registrations shall be made.

Terms and order for registration
Art. 9. (1) The application under Art. 8 with the enclosed documents shall be considered within 7 days upon lodging.
(2) The Minister of Culture or a deputy-minister authorized by him shall make the registration within the term under (1) and issue a certificate or shall refuse registration in the events under Art. 12.
(3) In case of establishing any incompleteness or negligence in the documents filed the applicant shall be notified in writing within 7 days to correct them.
(4) If within 7 days upon receipt of the notification the applicant fails to correct the incompleteness or negligence the application shall be deemed withdrawn.
(5) In the cases under (3) the application and enclosed documents shall be deemed filed on the date of correction of the incompleteness or negligence.
(6) The refusal for making a registration shall be subject to appeal under the Administrative Procedure Code.
(7) A new application for registration can be filed upon expiry of 6 months at least upon the coming into effect of the refusal of registration.
(8) The registration is perpetual and the rights pursuant to it cannot be reassigned or transferred.
(9) The Ministry of Culture shall keep a public register of the persons that have received registration for dealing in replication of subject matter of copyright and neighboring rights on blank ODs and other carriers where the following shall be entered:
1. Number and date of entry in the register.
2. Company name, seat and business address; person representing the registered person under the trade registration.
3. ID number of the manufacturer.
4. Unified ID code.
5. Number of registration under the Tax Insurance Procedure Code.
6. Type of OD or other blank carrier on which subject matter of copyright and neighboring rights shall be replicated.
7. Precise description of the manufacturing facilities – type and number of equipment, make, factory number, type of carrier.
8. The address/location of the manufacturing and storage premises.
9. Grounds and date of termination or deletion of registration.
10. Number and date of issued certificate.

Certificate
Art. 10. (1) The registered person shall be issued a certificate after a pattern approved by the Minister of Culture that shall contain the data under Art. 9 (9), items 2-8:
(2) The ID number under Art. 9 (9), item 3 shall be placed mandatorily by the registered person on each blank OD or other blank carrier.
(3) Copy of the certificate shall be mandatorily displayed in a conspicuous location in the manufacture or office premises of the registered manufacturer.

Change in the registration
Art. 11. (1) In the event of any change in the circumstances entered in the register under Art. 9 (9) the registered person shall be obliged to lodge an application for entry of such a change within a 7-day-term upon its occurrence at the Ministry of Culture. 
(2) The application shall be accompanied by the documents certifying such changes and an entry fee receipt.
(3) Art. 9 shall apply to the consideration of the application.
(4) The Minister of Culture or a deputy minister authorized by him shall enter the change of the registration in the register within 7 days upon receipt of the application and the enclosed documents, and shall issue a current certificate.

Grounds for refusal of registration
Art. 12.  Registration shall be refused in the instances when:
1. The application and enclosed required documents are not compliant with the requirements of Art. 8;
2. The application for registration has been lodged before the expiry of the 6-month term upon the issuance of an enforced penal ordinance about an infringement hereof;
3. The application for registration has been lodged before the expiry of the 3-month term upon the issuance of an order for refusal of registration to the same person;
4. The application for registration has been lodged before the expiry of the 6-month term upon the issuance of an enforced penal ordinance about an infringement under Art. 97 of the Law on Copyright and Neighboring Rights;
5. The applicant sole trader or a person representing the applicant under the trade registration has been convicted of a crime under Art. 172a of the Penal Code with an enforced sentence.

Termination of registration
Art. 13. The effect of the registration shall be terminated and the issued certificate shall be deemed void:
1. Upon request in writing on behalf of the registered person;
2. In the event of death of the physical person - sole trader.
3. Upon deletion of the trader’s registration.

Deletion of registration
Art. 14. (1) Registration shall be deleted if the registered person:
1. Has presented forged documents or false data that have served for the registration or for entry of changes in the register;
2. Has committed repeat violations of this law.
3. Or a person representing him under the trade registration has been convicted with an enforced sentence under Art. 172a of the Penal Code after the registration under Art. 9 has been made.
4. Has committed repeat violations under Art. 97 of the Law on Copyright and Neighboring Rights. 
5. Has replicated on blank ODs or other carriers content other than the one it has been issued the certificate under Art. 17 (1) for, when this has been established in accordance with the due procedure;
(2) The deletion of the registration shall be made in an order of the Minister of Culture or a deputy minister authorized by him.
(3) The order under (2) is subject to appeal under the Administrative Procedure Code.
(4) Upon deletion of the registration the certificate issued shall be annulled.


Section Two
Certification of deals for commissioning the manufacture of matrices, recorded ODs and other carriers containing subject matter of copyright and neighboring rights

Requirements for the issuance of a certificate for making a commissioning deal
Art. 15. (1) For issuance of certificate for deal under Art. 4, item 1 and item 2, the persons under Art. 10 (1) and Art. 30 (1) shall lodge with the Ministry of Culture an application after a pattern approved by the Minister of Culture. The application shall contain:
1. Data on the applicant:
(a) domestic person - name, address, ID number – for the physical person sole trader; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; unified ID code; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the trade registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
2. Data on the commissioner:
(a) domestic person - name, address, ID number for the physical person; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; ID code under Register BULSTAT or unified ID code for the traders; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the court, resp. trade or other registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
3. Data on the type of carrier – OD, matrix or another carrier;
4. SID code or ID number under Art. 9 (9), item 3;
5. Quantity to be manufactured;
6. Title of carrier,
7. Number and date of the certificate under Art. 22 (1), issued to the commissioner when the deal for acquiring rights for replication and/or distribution of sound recordings or recordings of audio-visual works is subject to certification hereunder.
(2) The application should be accompanied by:
1. Certified copies of contracts for deals under Art. 4, item 1 and item 2 with enclosed schedule containing title of the carrier, list of the works included, names of the copyright and neighboring rights holders, quantity of the manufacture;
2. Certified by the applicant copy of a schedule under Art. 20 (2), item 3 when the deal for acquiring rights for replication and/or distribution of sound recordings or recordings of audio-visual works is subject to certification hereunder or a certified by the applicant and the commissioner copy of a schedule containing the title of the carrier, description of its content, names of the copyright and neighboring rights holders included in the carrier when the deal for acquiring rights for replication and/or distribution of sound recordings or recordings of audio-visual works is not subject to certification hereunder; 
3. Certified copy of the manufacture license under Art. 34, in the event of manufacture of ODs or matices for their manufacture;
4. Certified copy of a certificate of current entry into the Trade register or a document certifying that the person has been registered under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area, accompanied by an accurate translation in case the original has not been issued in Bulgarian;

Terms and order of consideration of applications
Art. 16. The application under Art. 15 with the accompanying documents shall be considered in the manner provided under Art. 9 (1) – (6).

Certificate
Art. 17. (1) The certificate for making a deal under Art. 4, item 1 and item 2 shall be issued after a pattern approved by the Minister of Culture and shall contain:
1. Number and date of issuance.
2. Name, address, ID number – for a physical person; company name, seat and business address, person representing the manufacturer under the trade registration – for legal entities or sole traders;
3. Unified ID code;
4. (Repealed);
5. Data on the commissioned manufacture of a matrix, type of OD or another type of carrier;
6. Grounds for commissioning the manufacture;
7. Quantity to be manufactured;
8. Title of the carrier;
9. Laser code for matrix identification and/or SID-code according to the license under Art. 34 or ID number under Art. 9 (9), item 3.
(2) The number and date of the certificate issued should not be placed on the manufactured copies.
(3) The Ministry of Culture shall keep a register where the certificates issued hereunder shall be entered.
(4) In the event of any change in the circumstances under (1) the persons under Art. 15 (1), item 1 and item 2 shall be obliged to lodge a written notification of such change within 3-day-term upon its occurrence at the Ministry of Culture.
(5) The notification under (4) should be accompanied by documents certifying for the change in the circumstances under (1).
(6) The notification and its enclosures shall be considered in the manner provided under Art. 9 (1) – (6).
(7) The Minister of Culture or a deputy-minister authorized by him shall issue an order for annulment of the certificate under (1) and/or issue a current certificate within 7-day-term upon lodging the written notification with its enclosures.

Annulment of the issued certificate
Art. 18. (1) The certificate under Art. 4, item 1 and item 2 shall be annulled in case it is established that forged documents or false data has been presented and served for its issuance.
(2) The certificate issued shall be annulled in an order of the Minister of Culture or a deputy minister authorized by him.
(3) The order under (2) shall be subject to appeal under the Administrative Procedure Code.
(4) The annulment of the issued certificate shall be reflected in the register under Art. 17 (3).

Control samples
Art. 19. Within 7 days upon the start of manufacture the person who has received a certificate shall submit at the Ministry of Culture two copies of each type of carrier manufactured in performance of the deal for which the certificate has been issued.


Section Three
Certification of deals for acquiring rights for replication and/or distribution of sound recordings and recordings of audio-visual works

Requirements for issuance of certificate for making a deal for rights acquisition
Art. 20. (1) To be issued a certificate for making a deal under Art. 4, item 3 the person who has acquired rights for replication and/or distribution of sound recordings or recordings of audiovisual works, shall lodge with the Ministry of Culture an application after a pattern approved by the Minister of Culture. The application shall contain:   
1. Data on the applicant:
(a) domestic person - name, address, ID number for the physical person; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; ID code under BULSTAT register or unified ID code for the traders; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the court, resp. trade or other registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
2. Grounds for arising or acquiring the rights for replication and/or distribution of sound recordings or recordings of audio-visual works;
3. Title of the carrier;
4. Quantity to be manufactured;
5. Type of carriers on which the sound recordings or the recordings of audio-visual works shall be reproduced;
6. Territory of distribution;
7. Term for which the rights for replication and/or distribution of the sound recordings or the recordings of audio-visual works have been acquired;
(2) The application should be accompanied by:
1. Certified copies of contracts or other acts certifying that the applicant has acquired the rights for replication and/or distribution of the sound recordings or the recordings of audio-visual works on ODs or other carriers in the country, including contracts with owners of copyright or neighboring rights or the respective collecting societies of such rights;
2. A written declaration stating the presence of a visa for distribution and/or display of films on the territory of the Republic of Bulgaria, issued under Chapter 6 of the Law on the Film Industry;
3. Certified copy of a certificate of current entry into the Trade register in case the applicant is a trader or a document certifying that the person has been registered under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area, accompanied by an accurate translation in case the original has not been issued in Bulgarian;
4. Certified copies of schedules of titles of the works included in the carrier and the respective holders of copyright and neighboring rights in such works;
5. Fee receipt for certificate issuance.

Terms and conditions for consideration of the application
Art. 21. The application under Art. 20 with the enclosed documents shall be considered under the terms of Art. 9 (1) – (6).

Certificate
Art. 22. (1) The certificate for making deals under Art. 4, item 3 shall be issued after a pattern approved by the Minister of Culture and shall contain:
1. Number and date of issuance.
2. Data on the person who has acquired the rights: name, address, ID number – for a physical person; company name, seat and business address, ID code under BULSTAT register respectively unified ID code for the traders, person representing the applicant under the court, respectively trade registration;
3. Quantity permitted.
4. Grounds for the origin or acquisition of the rights for replication and/or distribution of sound recordings or recordings of audio visual works;
5. Title of the carrier;
6. Type of the carrier;
7. Territory of distribution;
8. Term of effect of the contract.
(2) The number of the certificate and the date of its issuance should be mandatorily placed on each manufactured OD or other carrier copy.
(3) The Ministry of Culture shall keep a register of the certificates issued under (1).
(4) In the event of any change in the circumstances under (1) the persons under Art. 20 (1) shall be obliged to lodge a written notification of such change within 7-day-term upon its occurrence at the Ministry of Culture.
(5) The notification under (4) should be accompanied by documents certifying for the change and the certificate issued under (1).
(6) The notification and its enclosures shall be considered in the manner provided under Art. 9 (1) - (6).
(7) The Minister of Culture or a deputy-minister authorized by him shall issue a current certificate within 7-day-term upon lodging the written notification with its enclosures under (5).

Annulment of the certificate
Art. 23. (1) The certificate under Art. 4, item 3 shall be annulled in case it is established that forged documents or false data has been presented and served for its issuance.
(2) The certificate issued shall be annulled by an order of the Minister of Culture or a deputy minister authorized by him.
(3) The order under (2) shall be subject to appeal under the Administrative Procedure Code.
(4) The annulment of the issued certificate shall be reflected ex officio in the register under Art. 22 (3).


Section Four
Certification of the import and export of ODs, matrices and other carriers
containing sound recordings or recordings of audio-visual works

Requirements for import
Art. 24. (1) For issuance of certificate for each import under Art. 4, item 4 an application shall be lodged with the Ministry of Culture after a pattern approved by the minister of culture. The application shall contain:
1. Data on the applicant:
(a) domestic person - name, address, ID number for the physical person; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; ID code under BULSTAT register or unified ID code for the traders; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the court, resp. trade or other registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
2. Titles of the imported copies of each type of carrier;
3. Content of the imported matrices;
4. SID code or other ID features of the imported matrices, ODs or other carriers;
5. Quantity of imported copies of each type of carrier or of imported matrices;
6. Number and date of a certificate under Art. 22 (1) when the deal for acquiring rights for replication and/or distribution of sound recordings or recordings of audio-visual works is subject to certification hereunder. 
(2) The application should be accompanied by:
1. Certified copies of contracts or other documents verifying importer’s right to distribute the imported copies of each type of carrier, containing sound recordings or recordings of audio-visual works, as well as the matrices for their manufacture;
2. Document verifying the quantity and titles of imported carriers and matrices;   
3. Fee receipt for certificate issuance.
(3) Subject to certification shall not be the import of:
1. Matrices for the manufacture of blank ODs;
2. Blank ODs and other carriers;
3. ODs and other carriers containing subject matter of copyright and neighboring rights of non-commercial nature moved by individual travelers;
4. ODs and other carriers containing software. 

Requirements for export
Art. 25. (1) For issuance of certificate for each export under Art. 4, item 4 an application shall be lodged with the Ministry of Culture after a pattern approved by the Minister of Culture. The application shall contain:
1. Data on the applicant:
(a) domestic person - name, address, ID number for the physical person; company name, seat and business address; correspondence address within the territory of the country for correspondence with all State authorities, telephone, fax, e-mail; ID code under BULSTAT register or unified ID code for the traders; ID number of registration under Art. 94 (2) of the Value Added Tax Act, if such; persons representing the applicant under the court, resp. the trade registration;
(b) foreign person – name/company name, correspondence address, persons representing the applicant and other relevant data according to the court, resp. trade or other registration under the legislation of an EU member-state or other country – contracting party to the Agreement on the European Economic Area;
2. Data on the consignee: name/company name and address;
3. Titles of the exported copies of each type of carrier;
4. Content of the exported matrices;
5. SID code or other ID features of the imported matrices, ODs or other carriers when such have been put by the manufacturers; 
6. Quantity of exported copies of each type of carrier or of exported matrices;
7. Number and date of a certificate under Art. 22 (1) when the deal for acquiring rights for replication and/or distribution of sound recordings or recordings of audio-visual works is subject to certification hereunder. 
(2) The application should be accompanied by:
1. Certified copy of a contract verifying the grant of copyright and neighboring rights in the exported copies of each type of carrier, containing sound recordings or recordings of audio-visual works, as well as the matrices for their manufacture including the right to export the respective carrier;
2. Document certifying the quantity and titles of the exported carriers and matrices;
3. Fee receipt for certificate issuance.
(3) Subject to certification shall not be the export of:
1. Matrices for the manufacture of blank ODs;
2. Blank ODs and other carriers;
3. ODs and other carriers containing subject matter of copyright and neighboring rights of non-commercial nature moved by individual travelers;
4. ODs and other carriers containing software.

Terms and manner of consideration of applications
Art. 26. (1) The applications under Art. 24 and Art. 25 with the enclosed documents shall be considered as stipulated under Art. 9 (1) – (6).
(2) The Ministry of Culture shall keep a register where the certificates under Art. 27 and Art. 28 are entered.

Certificate of import
Art. 27. (1) The certificate for conducting import to the territory of the Republic of Bulgaria of ODs and other carriers containing sound recordings or recordings of audio-visual works, as well as of matrices for their manufacture shall be issued after a pattern approved by the Minister of Culture and shall contain:
1. Number and date of issuance.
2. Data on the importer: name, address, ID number – for a physical person; company name, seat and business address, ID code under BULSTAT register respectively unified ID code for traders, registration number under the Tax Insurance Procedure Code, person representing the applicant under court, respectively trade registration;
3. Grounds for distribution and import to the territory of Bulgaria;
4. Title of imported copies of each type of carrier;
5. Content of the imported matrix;
6. SID code or other ID features of the imported matrices, ODs or other carriers;
7. Quantity of imported copies of each type of ODs or other carriers or imported matrices;
(2) The customs authorities shall clear the imported goods upon furnishing the certificate under (1) where the import can be conducted no later than 3 months upon issuance of certificate.

Certificate for export
Art. 28. (1) The certificate for conducting export from the territory of the Republic of Bulgaria of ODs and other carriers containing sound recordings or recordings of audio-visual works, as well as of matrices for their manufacture shall be issued after a pattern approved by the Minister of Culture and Tourism and shall contain:
1. Number and date of issuance.
2. Data on the exporter: name, address, ID number – for a physical person; company name, seat and business address, ID code under BULSTAT register respectively unified ID code for traders, registration number under the Tax Insurance Procedure Code, person representing the applicant under court, respectively trade registration;
3. Grounds for replication or distribution;
4. Titles of exported copies of each type of carrier;
5. Content of exported matrices;
6. SID-code or other ID features of the matrices, ODs or other carriers.
7. Quantity of exported copies of each type of carrier or exported matrices.
(2) The customs authorities shall clear the goods for export upon furnishing the certificate under (1) where the export can be conducted no later than 3 months upon issuance of certificate.
 
Non-application of implicit consent
Art. 29. In the event of issuance of certificate under Art. 27 and 28 the implicit consent rules shall not apply as provided for by Art. 29 of the Law on Limiting the Administrative Regulation and Administrative Control of Business Activities.

Art. 29a. The provisions of this Section shall not apply to delivery of ODs, matrices or other carriers containing sound recordings or other audio-visual works:
1. to the territory of the Republic of Bulgaria from EU member-states or other countries – contracting parties to the Agreement on the European Economic Area;
2. from the territory of the Republic of Bulgaria to EU member-states or other countries – contracting parties to the Agreement on the European Economic Area


CHAPTER THREE
LICENSING REGIME IN THE EVENT OF MANUFACTURE AND NOTIFICATION IN THE EVENT OF IMPORT AND EXPORT

Section One
Licensing of manufacturers of ODs and matrices for their manufacture

Requirements for issuance of license
 Art. 30.  (1) The manufacture of ODs and matrices for their manufacture can be performed only by traders licensed for this business by the Minister of Economy and Energy or a deputy-minister authorized by him.
(2) License is issued with the purpose of ensuring the protection of copyright and neighboring rights.
(3) An application for the issuance of a license for the manufacture of ODs or matrices shall be lodged with the Ministry of Economy and Energy after a pattern approved by the Minister of Economy and Energy.
(4) The application should be accompanied by:
1. current certificate for entry in the Trade Register issued within two months prior to lodging the application;
2. original or a notarized copy of a certificate of registration under the Tax Insurance Procedure Code, a certificate issued by the National Revenue Agency’s regional directorate for paid dues and taxes and a declaration on behalf of the applicant stating the lack of other public dues;
3. (Repealed).
4. criminal conviction certificate of the physical person representing the applicant under the trade registration and a certificate issued by the investigation services stating that there are no pending criminal proceedings against it;
5. documents verifying the ownership or the right to use the OD manufacturing facilities meant for setting in operation;
6. information on the manufacturing facilities under item 5. containing the technological scheme of manufacture, name of manufacturer, make, model, serial number (all equipment and devices should be specified, including the peripheral ones) as well as technical data on the equipment, including manufacture capacity, delivery norms and indices of technological waste according to the technical documentation;
7. business plan for this business activity;
8. certificate of the registration of a received SID-code;
9. notarized copy of a rental agreement or a notarized copy of an ownership certificate, accompanied by a sketch or another document certifying the disposition of the manufacture premises, the storing and office premises within the property where the OD or matrices manufacture facilities are located;
10. information on the quantity of the available raw material for OD or matrices manufacture and the available finished product as of the date of lodging the application;
11. documents for customs clearance of the imported equipment;
12. notarized affidavit of the persons under item 4 verifying that within the last year before filing the application they have not been sanctioned with an enforced penal ordinance for infringement of this law and that they are not related under the Trade Act to such persons or to a person whose license has been revoked or who has been refused the issuance of a license;
13. declaration verifying that the manufacture facilities under item 5. have been installed;
14. consideration fee receipt.
(5) Separate licenses shall be issued for the manufacture of each separate type of OD and for the manufacture of matrices for their manufacture by the same person.

Inter-agency committee
Art. 31. (1) The applications for licensing of the manufacture of ODs or matrices for their manufacture with the enclosed documents shall be considered by an inter-agency committee designated by order of the Minister of Economy and Energy.
(2) The committee shall comprise of two representatives of the Ministry of Economy and Energy, the Ministry of Culture and the Ministry of Interior, and of one representative of the Ministry of Justice and the Customs Head Agency designated by order of the respective minister or head official.
(3) In his order under (1) the Minister of Economy and Energy shall designate a chairperson of the inter-agency committee and a secretary from among its members.
(4) The organization of the inter-agency committee’s activity shall be regulated by a set of rules approved by the Minister of Economy and Energy.
(5) In reference to its activity the inter-agency committee can require data, documents and assistance from state agencies and other persons.

Consideration of the documents lodged
Art. 32. (1) The application and the documents under Art. 30 shall be considered by the inter-agency committee within one month upon lodging.
(2) In case the documents filed by the applicant are incomplete or incorrect the applicant shall be notified in writing to eliminate them.
(3) If within a 14-day term upon receipt of notification the applicant fails to eliminate the incompleteness or incorrectness the application shall be deemed withdrawn.
(4) In the event under (2) the term under (1) shall start on the date of elimination of the incompleteness and/or incorrectness.
(5) Within the term under (1) the committee may inform the right holders’ societies for collective administration of rights about the lodged applications for licensing thus providing them with the name/entity of the applicant and what the license is requested for.
   
Issuance of license and refusal to issue a license
Art. 33. (1) Upon consideration of the filed documents, the inter-agency committee shall prepare a motivated proposal to the Minister of Economy and Energy to issue a license or refuse to issue a license.
(2) Within 2 months upon lodging the application the Minister of Economy and Energy or a deputy-minister authorized by him, shall consider the application and on expedience grounds shall issue or refuse to issue the license in a motivated order.
(3) The refusal to issue a license shall be subject to appeal under the Administrative Procedure Code. 
          
License
Art. 34. (1) The license for the manufacture of ODs or matrices for their manufacture shall be issued after a pattern approved by the Minister of Economy and Energy and shall contain:
1. number and date of issuance;
2. name/company name, seat and business address of the trader;
3. three names and the ID number of the persons representing the trader under the trade registration;
4. unified identification code;
5. SID-code;
6. description of the licensed manufacture;
7. precise description of the manufacturing facilities (make, model, factory number);
8. address/location of the manufacture, storing and office facilities.
(2) The license issued shall be perpetual and the rights thereunder cannot be reassigned and/or transferred including in the event of transformation of the licensed trader.

Changing and supplementing a license
Art. 35. (1) In the event of change in the circumstances entered in the license, the licensed manufacturer shall be obliged within 7 days upon occurrence of such change to lodge an application with the Ministry of Economy and Energy.
(2) The application should be accompanied by documents certifying the changes and a receipt for consideration fee. In the event of opening new manufacture facilities for the same type of manufacture the licensed manufacturer shall submit the documents under Art. 30 (4), items 5, 6 , 8, 9, 10, 11, 13 and 14 for supplementing the license.
(3) The documents submitted shall be considered in the terms and manner provided for by Art. 32 and Art. 33.
     
Grounds for refusal of issuance of license
Art. 36. Grounds for refusal of issuance of license shall be:
1. The application and the accompanying documents do not meet the requirements under Art. 30;
2. The application for licensing has been lodged before the expiry of 1 year after a penal ordinance for an infringement hereunder has come into force;
3. The application for licensing has been lodged before the expiry of 2 years after the date of the order for refusal of issuance of license to the person or to a person related to it under the Trade Act, unless the order for refusal has been set aside by the court;
4. The application for licensing has been lodged before the expiry of 5 years after the order for revocation of the license of the person or a person related to it under the Trade Act unless the order for refusal has been set aside by the court;
5. The person representing the applicant under the trade registration has been convicted with an enforced sentence for a crime or criminal proceedings have been initiated against him for a crime under Art. 172a of the Penal Code;
6. The information collected by the inter-agency committee about incompliance with copyright and neighboring rights.

Revocation of license
Art. 37. (1)  Upon a proposal of the inter-agency committee the Minister of Economy and Energy or a deputy-minister authorized by him a license can be revoked in a motivated order.
(2) The license issued shall be revoked on the following grounds:
1. submission of forged documents or false data that have served for the issuance, amendment and/or supplement of the license;
2. manufacture of ODs or matrices on a manufacture facility other than the one endorsed on the license;
3. manufacture of ODs or matrices in premises other than the licensed ones;
4. manufacture of ODs or matrices without a SID-code or with a SID-code other than the one entered in the license;
5. lack of register under Art. 40 (3) ,(4) or (5);
6. control bodies’ findings of larger quantities of manufactured ODs and/or matrices than the ones mentioned in the certificate under Art. 17 (1) ,item 7;
7. control bodies’ findings of manufacture of ODs or matrices for which amendment and/or supplement of the license has been refused;
8. repeat incompliance with a prescribed measure under Art. 51
(3) Besides the instances under (2), the issued license can be revoked upon:
1. proposal of the inter-agency committee on the grounds of new or newly-found circumstances that the committee has not been made aware of at the moment of issuance of the license and which are grounds for refusal;
2. motivated proposal by the minister of culture in the instances when manufacture of ODs and matrices with content other than the one mentioned in the certificate under Art. 17 (1), item 7 has been established 
(4) The order ruling the license revocation shall include an instruction for its preliminary execution.
(5) The order for revocation of the license shall be subject to appeal under the Administrative Procedure Code. 

Termination of license
Art. 38. An issued license shall be terminated:
1. upon application in writing lodged by the manufacturer;
2. in the event of death of the physical person – sole trader;
3. in the event of deletion of the manufacturer’s registration;
4. in case it has not been received within one month upon notification of its issuance.
5. in case the activity for which it has been issued is not performed within a term of one year.
(2) Upon a proposal of the inter-agency committee the Minister of Economy and Energy or a deputy-minister authorized by him shall terminate the license and this shall be reflected in the register under Art. 39.

Public register
Art. 39. The Ministry of Economy and Energy shall keep a public register of the licenses issued, entering:
1. Number and date of issued license.
2. Name/company name, seat, business address of the licensed trader;
3. Type of the manufactured ODs or matrices;
4. Grounds and date of revocation or termination of the issued license.

Obligations of the licensed manufacturer
Art. 40. (1) The SID-code under Art. 30 (4), item 8 shall be mandatorily installed in all facilities meant for the manufacture of ODs or matrices.
(2) The code under (1) shall be installed in a manner that does not allow its changing and should be placed on each manufactured OD or matrix for manufacture of ODs in accordance with the Minister of Economy and Energy’ instruction.
(3) Each blank OD manufacturer shall be obliged to keep a register along the pattern set out in Exhibit 1 containing information on the quantities of raw materials for manufacture, data on the number of manufactured ODs and the material used for their manufacture, the technological waste for each batch according to actually reported figures, as well as the names of the respective commissioners or buyers.
(4) Each manufacturer of ODs containing subject matter of copyright and neighboring rights shall be obliged to keep a register along the pattern set out in Exhibit 2, which besides the data under (3) also contains data on the titles of the ODs and the number of the issued certificate under Art. 17.
(5) Each manufacturer of matrices for OD manufacture shall be obliged to keep a register along the pattern set out in Exhibit 3, containing information on the number of manufactured matrices, the technological waste, the names of the commissioners and the number of the respective certificate under Art. 17.
(6) The data under (3), (4) and (5) shall be entered in the registers on a daily basis.
(7) The licensed manufacturers’ registers should be numbered, sealed and endorsed in the Ministry of Economy and Energy. The kept registers should be presented for verification at the Ministry of Economy and Energy by January 15th of the current year.
(8) References from the kept registers shall be furnished for checkup to the Ministry of Economy and Energy every 3 months and upon request on behalf of the inter-agency committee under Art. 31.  The references from the kept registers shall also be furnished on magnetic carrier.
(9) Within 7 days prior to setting in operation of the facilities for manufacture of ODs or matrices for their manufacture, as well as for the destruction of technological waste, the licensed manufacturer should inform in writing the Minister of Economy and Energy and the Minister of Interior.
(10) Each manufacturer shall be obliged to keep the registers under (3), (4) and (5) and all documents certifying the data entered therein as well as a sample of all manufactured ODs within three years upon start of the respective manufacture, and present them upon request of the control bodies hereunder for checkup, examination or comparison.
 

Section Two
Notifications of the import and export of raw material for the manufacture of ODs or for the import and export of equipment for manufacture of ODs, matrices for their manufacture and other carriers

Notification of the import or export of raw material
Art. 41. (1) A person who has conducted import or export of raw material for the manufacture of ODs, shall submit a notification to the Ministry of Economy and Energy containing:
1. Data on the person: name, address, ID number – for a physical person; company name, seat and business address, ID code under the BULSTAT register, respectively unified ID code for traders; number of the registration under the Tax Insurance Procedure Code, person representing the importer or exporter under the court, respectively trade registration;
2. Data on the consignee: name/company name and address;
3. Type and quantity of the imported or exported raw material;
 (2)The notification should be accompanied by:
1. Commercial contract with a foreign entity, or an invoice;
2. Customs declaration
(3)  The notification under (1) shall be submitted within a 7-day term upon customs clearance of the raw material.

Notification of the import or export of equipment
Art. 42. (1) A person who has conducted import or export of equipment for the manufacture of ODs, matrices for their manufacture and other carriers, shall submit a notification to the Ministry of Economy and Energy containing:
1. Data on the person: name, address, ID number – for a physical person; company name, seat and business address, ID code under the BULSTAT register, respectively unified ID code for traders; number of the registration under the Tax Insurance Procedure Code, person representing the importer or exporter under the court, respectively trade registration;
2. Data on the consignee: name/company name and address;
3. Type and quantity of the imported/exported equipment, indication of the manufacturer, make, model and factory number of all machinery and devices separately as well as technological data on the production capacity.
(2) The notification should be accompanied by:
1. Commercial contract with a foreign entity, or invoice;
2. Customs declaration.
(3)  The notification under (1) shall be submitted within a 7-day term upon customs clearance of the equipment.

Register of notifications
Art. 43. The Ministry of Economy and Energy shall keep a register of the notifications under Art. Art. 41 and 42, data on the person who has made the notification and the consignee as well as data on the type of raw material and equipment respectively. 


CHAPTER FOUR
CONTROL

Persons subject to control
Art. 44. (1) Each person dealing in activities subject to licensing, registration, certification or notification hereunder, shall be subject to administrative control.
(2) The persons under (1) shall be obliged to provide access of the control bodies to the office, manufacture and storing premises where they conduct their activities as well as to the documentation kept.

Control bodies
Art. 45. (1) The control hereunder shall be executed by:
1. Officials designated by the Minister of Economy and Energy – for the activities under Chapter Three;
2. Officials designated by the Minister of Culture – for the activities under Chapter Two.
(2) The officials under (1) shall carry out the control in cooperation with the Ministry of Interior agencies.

Types of inspections
Art. 46. The control bodies can conduct sudden or periodical inspections of documentation and inspections on location.

Inspections of documentation
Art. 47. The inspections of documentation shall include checking the documents related to the applications for licensing, registration and issuance of certificates or to the notifications submitted as well as consecutive inspections of documentation related to the conducted activity.

Inspections on location
Art. 48 (1) Inspections on location shall be carried out in the offices, the manufacture premises and the storage facilities of the persons subject to control hereunder, in the presence of the person representing them, according to the court, respectively trade registration, or in the presence of persons working for them. In case no such persons are present, the inspection shall be carried out in the presence of at least one witness.
(2) In the course of the inspection on location the authorized officers shall have the right to:
1. have free access to the premises inspected;
2. check the vehicles that enter or leave the manufacture premises and the storage facilities of the inspected entities;
3. require the presentation of documents related to the activity subject of control;
4. check copies of carriers manufactured or under manufacture in the manufacture premises and storage facilities;
5. require written and oral explanations from workers, staff and business partners of the inspected person and from everyone found in the manufacture premises at the time of the inspection    
6. require from third parties documents, information and cooperation necessary for the inspection;
7. perform cross inspections on location in the office premises of third parties on issues related to the inspection;
(3) Invite experts in the respective field when the inspection is complicated and requires special knowledge;

Confidentiality of the trade secret
Art. 49. The officers that carry out the inspections as well as the persons under Art. 48 (3) shall be obliged to keep the confidentiality of the trade secret and not to disclose any data about the inspections before they are completed, as well as not to use beyond its designation any information from the inspections deemed to be a trade secret.

Control over the setting in operation and destruction of waste
Art. 50. In the event of setting in operation or trial setting in operation of manufacture facilities for manufacture of ODs and/or matrices for their manufacture, as well as in the event of technological waste destruction, officials of the Ministry of Economics and Energy and the Ministry of Interior shall mandatority attend.

CHAPTER FIVE
COMPULSORY ADMINISTRATIVE MEASURES AND ADMINISTRATIVE LIABILITY

Section 1
Compulsory administrative measures

Types of compulsory administrative measures and procedure for their implementation
Art. 51. (1) For the purpose of preventing and terminating violations hereof as well as for the prevention and removal of their harmful consequences the Minister of Economy and Energy, respectively the Minister of Culture, can impose the following compulsory administrative measures:
1. prescribe in writing particular measures for the elimination of the infringement within a reasonable term;
2. give instructions in writing for the elimination of the incorrectness or incompleteness in the registers kept under Art. 40 (3), (4) and (5);
3.  terminate the manufacture and seal the manufacture facilities until the established infringement is eliminated;
4. terminate the manufacture which is conducted under a registration regime until the infringement is eliminated;
(2) The compulsory administrative measures under (1) shall be imposed with a motivated order of the Minister of Economy and Energy, respectively the Minister of Culture.
(3) The order under (2) shall define the type of the compulsory administrative measure and a reasonable term for its execution.
(4) The order under (2) shall be delivered via registered mail or through the municipality administration of the seat and business address according to the court, respectively trade registration.
(5) The order for imposing a compulsory administrative measure shall be subject to appeal under the Administrative Procedure Code.
(6) The appeal shall not terminate the execution of the imposed compulsory administrative measure.


Section Two
Administrative Liability

Liability for manufacture without a license
Art. 52. Any person that manufactures ODs or matrices for their manufacture without a license shall be liable to a fine or property sanction from 30 000 to 50 000 leva.

Liability for manufacture without a SID-code or with a forged SID-code
Art. 53. (1) A licensed manufacturer who manufactures ODs and/or matrices for their manufacture without placing on them the SID-code entered in the license shall be liable to a property sanction from 10 000 to 25 000 leva.
(2) A licensed manufacturer who places a forged SID-codes or code other than the one entered in the license shall be liable to a property sanction from 10 000 to 25 000 leva.

Liability for business activity without a registration
Art. 54. Any person that replicates subject matter of copyright and neighboring rights on blank ODs and/or other carriers without a registration shall be liable to a fine or property sanction from 5 000 to 15 000 leva.

Liability for replication of content other then the one it has been applied for
Art. 54a. A registered person who replicates on blank ODs or other carriers content other than the one it has been issued the certificate under Art. 17 (1) shall be liable to a property sanction from 5 000 to 15 000 leva.

Liability for making a deal for commissioning of manufacture or import and export without a certificate
Art. 55. (1) Any person that without a certificate undertakes a deal under Art. 4, item 1 or item 2 shall be liable to a fine or property sanction from 5 000 to 10 000 leva.
(2) Any person that makes an import or an export under Art. 4, item 4 without a certificate shall be liable to a fine or property sanction of 5 000 to 10 000 leva.

Liability for reproduction without an ID number, and date and number of a certificate. Liability for manufacture without a number and date of certificate
Art. 56. (1) Any registered person that replicates subject matter of copyright and neighboring rights on blank ODs and other carriers without placing on them the ID number under Art. 9 (9), item 3, as well as the number and date of the certificate under Art. 22 shall be imposed a property sanction from 3 000 to 5 000 leva.
(2) Any licensed manufacturer who manufactures ODs containing sound recordings or recordings of audiovisual works without placing on them the number and date of the certificate under Art. 22 shall be imposed a property sanction from 3 000 to 5 000 leva.

Liability for non-compliance of a licensed manufacturer
Art. 57. A licensed manufacturer who does not comply with an obligation under Art. 40 shall be imposed a property sanction from 1 000 to 3 000 leva.
 
Liability for not submitting a notification
Art. 58. Any person who does not submit a notification about import or export of raw material for the manufacture of ODs or equipment for the manufacture of ODs, matrices for their manufacture or other carriers within the term under Art. 41 (3), respectively under Art. 42 (3) shall be imposed a fine or a property sanction from 1000 to 3000 leva.

Liability for impeding the control bodies’ activities
Art. 59. Any person that impedes, prevents or refuses access to an authorized officer in execution of his control activities or refuses to furnish documents, data, information or records shall be liable to a fine or property sanction from 1 000 to 3 000 leva.

Liability for not furnishing samples
Art. 60. Any person that does not comply with an obligation under Art. 19 shall be liable to a fine or property sanction from 200 to 800 leva.

Liability for not lodging an application in the event of change in the circumstances
subject to entry in a register
Art. 61. (1) A licensed manufacturer who does not comply with an obligation to lodge an application in the event of change in the circumstances entered in the register under Art. 39 shall be liable to a property sanction from 3 000 to 5 000.
(2) A registered person who does not comply with an obligation for lodging an application in the event of change in the circumstances entered in the register under Art. 9 (9) shall be liable to a property sanction from 1 000 to 3 000 leva

Liability for non-fulfillment of an obligation
Art. 61a. (1) Any person who does not fulfill in due term the obligation under Art. 17 (4) shall be liable to a fine or property sanction from 1000 to 3000 leva.
(2) Any person who does not fulfill in due term the obligation under Art. 22 (4) shall be liable ot a fine or property sanction from 1000 to 3000 leva.

Liability for non-compliance with a compulsory administrative measure
Art. 62 (1) Any person who does not comply with a compulsory administrative measure under Art. 51 (1), items 1 and 2 shall be liable to a fine or property sanction from 1000 to 5000 leva.
(2) Any person who manufactures ODs or matrices for their manufacture after the imposition of a compulsory measure under Art. 51 (1), item 3 shall be liable to a fine or property sanction from 30 000 to 50 000 leva.
(3) Any person who replicates subject matter of copyright and neighboring rights on blank ODs and/or other carriers after the imposition of a compulsory measure under Art. 51 (1), item 4 shall be liable to a fine or property sanction from 5 000 to 15 000 leva.

Liability in the event of repeat offence
Art. 63. In the event of repeat offence under Art. 52-62 the fine or sanction provided for shall be doubled.

Procedure for imposition of administrative penalties by the Minister of Culture

Art. 64.  The acts for establishing the infringements under Art. 54, 54a, 55, 56, 59, 60, Art. 61 (2), 61a and Art. 62 (1) and (3)  shall be prepared by officials designated by the Minister of Culture.
(2) The penal ordinances under (1) shall be issued by the Minister of Culture or by officials authorized by him.
(3) The incomes derived from the fines and property sanctions collected on the grounds of Art. 54, 54a, 55, 56, 59, 60, Art. 61 (2), 61a and Art. 62 (1) and (3) shall accrue to revenue of the Ministry of Culture’s budget and fifty per cent of them shall be distributed to the National Culture Fund.

Procedure for imposition of administrative penalties by the Minister of Economy and Energy
Art. 65. (1) The acts for establishing the infringements under Art. 52, 53, 57, 58, 59, Art. 61 (1) and Art. 62 (1) and (2)  shall be prepared by officials designated by the Minister of Economy and Energy.
(2) The penal ordinances under (1) shall be issued by the Minister of Economy and Energy or by officials authorized by him.

Application of the Law on Administrative Offences and Penalties
Art. 66. The establishment of the infringements, the issuance, appeal and the execution of the penal ordinances hereunder shall be done under the Law on Administrative Offences and Penalties.

Seizure
Art. 67. The officials under Art. 45 shall be entitled to seize and keep in their custody ODs, matrices and other carriers manufactured in violation hereof which facts shall be entered in a protocol.
(2) The protocol under (1) shall state the date and location of such actions, the time of the start and finish of the actions, the persons who have attended, the established facts and circumstances, the claims made, the notes, objections, number, type and title of the ODs and other carriers that are seized.
(3) The protocol shall be signed by the official who has performed the action and by the inspected person, his representative or employee. In case an inspected person, his representative or employee refuses to sign the protocol or is not found during the time of the inspection, it shall be signed by a witness.
(4) The protocols made hereunder shall be deemed evidence for the actions undertaken, the manner, in which they have been run and the collected proofs.

Forfeiture in favor of the state
Art. 68. (1) The ODs, the matrices for their manufacture and other carriers manufactured in violation hereof shall be forfeited in favor of the state and surrendered for destruction to the bodies of the Ministry of Interior.
(2) Representatives of the organizations for collective rights management can attend the destruction.


ADDITIONAL PROSIVIONS

§ 1. Under this law:
1. “Source Identification Code” (“SID-code”) is a series of letters and figures that identify the manufacturer and the matrices and molds used by him in accordance with an Instruction of the Minister of Economy and Energy.
2. “Optical Discs” (“ODs”) are carriers on which data in digital form, readable by means of an optical scanning mechanism employing a laser or another high-density light source, has been stored or is capable of being stored, such as: CD, CD-DA, CD-I, CD-P, CD-ROM, CD-R, CD-RW, CD-WO, DVD, DVD-RAM, DVD-ROM, LD, MD, VCD, CVD, SVCD, SACD.
3. “Matrix” is a prototype of an optical disc that embodies data and which under a special technology can be used to produce a limited number of optical discs.
4. “Other carriers” are durable tangible carriers on which subject matter of copyright or neighboring rights is fixed in such a way as to make available this subject matter to the public, by means of appropriate devices.
5. “Import”  means the actual introduction into the territory of the Republic of Bulgaria  of ODs, matrices or other carriers containing sound recordings or recordings of audio-visual works;
6.  “Export” means the actual moving out from the territory of the Republic of Bulgaria  of ODs, matrices or other carriers containing sound recordings or recordings of audio-visual works;
7. “Raw material for the manufacture of ODs” is optical-grade polycarbonate or other material which due to its physical properties can be used for manufacturing ODs.
8.  “Equipment for manufacture of ODs, matrices for their manufacture or of other carriers” is each machine, equipment or device including the mastering equipment which altogether or separately can serve for the manufacture of ODs, matrices for them or other carriers.
9. “ID number” is a sequence of letters and figures for establishing the activity of replicating subject matter of copyright and neighboring rights on blank ODs and other carriers;
10. “Audiovisual work” is a sequence of fixed on whatever carrier related images of whatever length with or without a sound perceived as moving pictures, including film works which meet the requirements of Art. 3 (1) of the Law on Copyright and Neighboring Rights.
11. “Collective administration society” is an organization under Art. 40 of the Law on Copyright and Neighboring Rights.
12. “Repeat offence” is an offence committed within one year upon the enforcement of a penal ordinance imposing a sanction for the same type of offence.
13. “Systematic offence” is the commitment of three or more offences of the same type within a period of 2 years for which the persons have been imposed administrative penalties with enforced penal ordinances.
14. “ODs and other carriers containing subject matter of copyright and neighboring rights of non-commercial nature” are those which are incidentally classified under customs regime and their type and quantity indicate that they are meant for personal or family use by their consignees or by the persons who carry them, or they are obviously meant to serve as a present.

TRANSITIONAL AND FINAL PROVISIONS

§ 2. The certificates for registration of rights for reproduction and/or distribution of sound recordings and video recordings issued prior to this law coming into effect shall remain valid for the term specified in the certificate.
§ 3. The manufacturers of sound and video carriers containing subject matter of copyright and neighboring rights registered prior to this law coming into effect shall be obliged to lodge an application for registration hereunder within a term of 6 months upon its entry into effect.
§ 4. (1) The licenses for the manufacture of ODs and matrices issued prior to the entry into force of this Law shall remain valid for the term specified in those licenses.
(2) Within 3 months before the expiry of the term under (1) the manufacturers of Ods or matrices for their manufacture shall lodge an application for issuance of license hereunder.
§ 5. Within two months upon the entry into force hereof, the Minister of Economy and Energy shall issue an instruction on the terms and conditions for allocation of the SID-code, the manner of its specification and placing according to the internationally established order, which instruction shall be published in the State Gazette.
§ 6. Paragraph 5a of the Additional Provisions of the Law on Copyright and Neighboring Rights shall be repealed.
§ 7. Item 5a in Art. 31 (1) shall be created in the Law of Protection and Development of the Culture:
“5a. Fifty per cent of the fines and property sanctions collected on the grounds of Art. 54, 55, 56, 59, 60, Art. 61 (2), and Art. 62 (1) and (3) of the Law on the Administrative Regulation of the Manufacture and Trade in Optical Discs, Matrices and Other Carriers Containing Subject Matter of Copyright and Neighboring Rights.”