BULGARIA
Since January 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners (Закон за икономическите и финансовите отношения с дружествата, регистрирани в юрисдикции с преференциален данъчен режим, контролираните от тях лица и техните действителни собственици)
The "Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners" stipulates that companies registered in the jurisdictions listed in §1 No. 64 of the "Supplementary Provisions of the Corporate Income Tax" may not participate in public procurement procedures. This includes a closed list of countries and territories, as well as all jurisdictions with which Bulgaria has no effective double taxation treaties and where taxes are lower than 40% of the taxes in Bulgaria. The ban includes "related parties" – notably shareholders. This restriction is waived when the owners of the company in question are "Bulgarian citizens and known to the public" if the company is publicly traded or if the parent company is a media publisher and declared its owner.
Coverage Horizontal
BULGARIA
Since March 2004, last amended in February 2014
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240726225934/https://www2.aop.bg/wp-content/uploads/2021/05/ppzop-20210511.pdf
- https://web.archive.org/web/20220303153022/https://lex.bg/laws/ldoc/2136735703
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
- Show more...
BULGARIA
Reported in 2018, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Bulgaria, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
BULGARIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that in Bulgaria, there are no restrictions for domestic or foreign private entities to establish and own businesses. The Offshore Companies Act (not accessible online) prohibits companies in offshore jurisdictions with more than 10% foreign ownership from engaging in 28 specific activities, including banking and insurance. However, these companies may operate if the physical owners of the parent company are publicly known Bulgarian citizens if the parent company's shares are listed on a stock exchange, or if the parent company is registered in a jurisdiction with a double tax treaty with Bulgaria.
Coverage Horizontal
BULGARIA
Since June 1993, last amended in October 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act on Patents and Registration of Utility Models
Art. 3 of the Act on Patents and Registration of Utility Models requires applicants that are not established in the EU, the European Economic Area (EEA) or Switzerland to act before the Patent Office through a lawyer or an industrial property representative.
Coverage Horizontal
BULGARIA
Since May 1984
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Bulgaria is a signatory of the Patent Cooperation Treaty.
Coverage Horizontal
BULGARIA
Since August 1993, last amended in December 2023
Since January 2001
Since January 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
Copyright and Neighbouring Rights Act (Закон за авторското право и сродните му права)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Art. 23 of the Copyright and Neighbouring Rights Act specifies a series of exceptions, including scientific research, educational uses, analysis and comment and news coverage. Art. 25 provides an exception for private copies.
Coverage Horizontal
BULGARIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.83%
Coverage rate of zero-tariffs on ICT goods (%)
74.43%
Coverage: ICT goods
BURKINA FASO
Since December 2018
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree No. 2018-1199 on Distributive Trade in Burkina Faso (Décret No. 2018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU), in addition to providing a copy of an ID card, an application form, a copy of company status, two tax stamps, and a certificate of tax status.
Coverage E-retailers
BURKINA FASO
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burkina Faso does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 100.
Coverage Horizontal
BURKINA FASO
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Restrictions on domain names
It is reported that the registrant for a local domain name ".bf" must be an entity based in the country. Only one domain name is allowed per applicant, and the registration is subject to an annual fee of USD 450. However, these restrictions are not found in Law No. 011-2010/AN on domain name management under the first-level domain.BF (Loi No. 011-2010/AN portant reglementation de la gestion des noms de domaines sous le domaine de premier niveau .BF).
Coverage Horizontal
BURKINA FASO
Since December 2018
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Decree No. 2018-1199 on Distributive Trade in Burkina Faso (Décret No. 2018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU).
Coverage E-retailers
BURKINA FASO
Since November 2015
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law No. 80-2015/CNT Regulating Advertising in Burkina Faso (Loi No. 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 15 of Law No. 80-2015/CNT specifies that practising the advertising profession requires registration in the trade register and a unique financial identification number (IFU).
Coverage Advertising sector
BURKINA FASO
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Burkina Faso lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
