Adopted at a General Meeting
of the National Vine and Wine Chamber
on December 19, 2001
STATUTE
OF THE NATIONAL VINE AND WINE CHAMBER
INTER-PROFESSIONAL ORGANISATION
I. General Terms
Article 1. (1) The National Vine and Wine Chamber (NVWC) is an inter-professional organisation of the persons producing, processing and trading with grapes, wine, and grape and wine products.
(2) The full corporate name of the association shall be "Национална лозаро-винарска камара" in Bulgarian language and "National Vine and Wine Chamber" in English language.
Article 2. (1) The National Vine and Wine Chamber shall be a juristic person registered under the Non-Profit Corporations Act and the Wine and Spirits Act as a non-profit organisation.
(2) The National Vine and Wine Chamber shall be an organisation for pursuit of private benefit activities.
Article 3. The National Vine and Wine Chamber shall be incorporated for an indeterminate duration.
Article 4. The National Vine and Wine Chamber shall perform the activities thereof in accordance with this Statute and with the Wine and Spirits Act and the statutory instruments of subordinate legislation adopted in pursuance of the said Act.
Article 5. The seat and the address of the place of management of the National Vine and Wine Chamber shall be 19 Lavele Street, Triaditsa, in the City of Sofia.
II. Purpose
Article 6. (1) The purpose of the National Vine and Wine Chamber shall be to assist and defend the common interests of the members thereof, to protect and control the origin, quality and authenticity of the goods produced and traded, and to develop viticulture and wine-making.
(2) The means for accomplishment of the purposes of the National Vine and Wine Chamber shall be holding of consultations, conversations, open discussions, debates, presentation of opinions, direct advocacy, use of the mass communication media, formal statements, forming coalitions and networks, drafting and implementing strategies and programmes, training the members of the Chamber, compiling educational materials, building a data base, as well as resort to any means within the law for accomplishment of the purposes of the National Vine and Wine Chamber.
Article 7. The National Vine and Wine Chamber shall not pursue political purposes or perform political functions.
III. Functions
Article 8. The National Vine and Wine Chamber shall perform the following functions:
1. Prepare a strategy for development of viticulture, wine-making and trade in wine and vine and wine products, which shall be introduced before the Council of Ministers for consideration by the Minister of Agriculture and Forestry and by the Minister of Economy. Once adopted, the strategy shall be implemented by the National Vine and Wine Chamber.
2. Prepare an annual report on the state of viticulture and wine-making in Bulgaria and submit the said report to the Minister of Agriculture and Forestry, the Minister of Economy and the Minister of Finance.
3. Participate in the elaboration of drafts of statutory instruments relevant to the vine and wine sector.
4. Prepare opinions on statutory instruments relevant to viticulture and wine-making.
5. Propose to the Minister of Agriculture and Forestry modalities for distribution of resources of the State Fund Agriculture for development of and assistance to viticulture.
6. Determine the territorial scope and the seats of the Regional Vine and Wine Chambers.
7. Consolidate the information provided by the Regional Vine and Wine Chambers and, if necessary, make proposals to the Council of Ministers for state intervention on the vine and wine market.
8. Approve the internal regulations adopted by the Regional Vine and Wine Chambers.
9. Create and maintain a national register of the producers of wine grapes, wine and other grape and wine products and a register of the wines of guaranteed appellation of origin and of guaranteed and controlled appellation of origin.
10. Participate in the micro-zoning of the viticultural potential.
11. Propose the endorsement of quality wines of designated region.
12. Endorse the composition of the regional tasting boards which perform organoleptic analysis and evaluation of wines, grape rakiyas and wine brandy.
13. Make proposals to supplement and amend the vineyard cadastre.
14. Exercise control over the activities of the Regional Vine and Wine Chambers in respect of the issuance of certificates of origin for quality wines of appellation of origin and of certificates of authenticity to the producers of grape rakiya and wine brandy.
15. Participate in disputes on protection of wine quality and origin, when authorised by the members thereof.
16. Verify the conformity of the acts of the Regional Vine and Wine Chambers with the Statute of the National Vine and Wine Chamber and with the resolutions of the General Meeting.
17. Perform any other functions as may be assigned thereto by a law.
Article 8A. The National Vine and Wine Chamber shall have the following objects of activity: to inform, organise and provide logistical support to the members thereof and to protect the professional interests of the said members, to create and keep registers and data bases, to exercise professional control in the vine and wine sector, to implement administrative control over the decisions of the regional vine and wine chambers, to assist the processes of European integration and adaptation of the vine and wine sector to the requirements of the European Union, to promote and advertise Bulgarian wine, to protect the origin and quality of Bulgarian wine, as well as any other activity which is permitted by the law and which contributes to the development and competitiveness of the Bulgarian vine and wine sector.
IV. Membership
Article 9. Eligibility for membership of the National Vine and Wine Chamber shall be limited to:
1. the Regional Vine and Wine Chambers established in accordance with the Wine and Spirits Act.
2. Any natural or juristic persons who or which own or farm vineyards on an area exceeding 10 hectares.
3. Any natural or juristic persons who or which are producers of wine and vine and wine products in a total annual volume exceeding 1 million litres.
4. Any traders in wine and in vine and wine products with an annual turnover exceeding BGN 5 million.
5. Any scientific vine and/or wine organisations, as well as any educational establishments training viticulture and wine-making personnel.
6. Any growers of vine planting stock grown on a minimum area of 10 hectares;
7. Any other persons who assist or contribute to the development of viticulture, wine-making and the wine trade in the Republic of Bulgaria.
Article 10. (1) The persons, who possess the qualifications covered under the foregoing article, shall submit an application in writing to the Administrative Board care of the Chairman of the National Vine and Wine Chamber. All documents certifying the eligibility of the candidate for membership of the National Vine and Wine Chamber shall mandatorily be enclosed with the application: notarial acts, contracts of tenancy, balance sheets, certificates of court registration, declarations, etc.
(2) The applications of the applicants shall be considered by the Administrative Board within the month succeeding the month of submission thereof.
(3) Should the Administrative Board find that the documents submitted are deficient, the Board shall notify the applicant in writing, giving the said applicant a seven-day grace to produce additional evidence. Unless additional evidence be produced within the prescribed time limit, the Chairman of the Administrative Board shall introduce the application for consideration before the General Meeting of the National Vine and Wine Chamber as received.
(4) On any applications for membership as received, the Administrative Board shall prepare a reasoned opinion, which shall be presented to the General Meeting of the National Vine and Wine Chamber.
(5) The General Meeting of the National Vine and Wine Chamber shall make decisions on any applications for admission of new members as received at a session which shall be convened on the last working day of each third month.
(6) The General Meeting of the National Vine and Wine Chamber may not refuse the admission of a new member who or which satisfies the requirements of the Wine and Spirits Act and who or which has complied with the procedure for submission of the documents as established in the Statute. A rejection of the application for membership shall be no impediment to submission of another application for membership of the National Vine and Wine Chamber.
Article 11. (1) Membership of the National Vine and Wine Chamber shall cease:
1. By one-month written notice of withdrawal, addressed to the Administrative Board care of the Chairman of the National Vine and Wine Chamber.
2. By the death or complete interdiction of a natural person who is member of the National Vine and Wine Chamber.
3. By the dissolution and liquidation of a juristic person which is member of the National Vine and Wine Chamber.
4. By the lapse of the prerequisites for membership of the National Vine and Wine Chamber, as provided for in the Wine and Spirits Act.
5. By the expulsion of a person who or which is member of the National Vine and Wine Chamber.
6. By forfeiture of membership through non-payment of the property contributions as established by the General Meeting and systematic non-participation in the activities of the National Vine and Wine Chamber.
(2) Cessation under Items 1, 2 and 3 of Paragraph (1) shall be automatic and shall occur upon occurrence of the circumstance which gives ground for cessation of membership: expiration of the notice period, pronouncement of death, or delivery of a judgement of expungement of the juristic person.
Article 12. (1) Membership of the National Vine and Wine Chamber shall furthermore cease by resolution of the General Meeting upon lapse of the legal prerequisites for membership.
(2) The existence or absence of legal prerequisites for membership shall be evaluated at the Annual General Meeting proceeding from presentation of up-to-date documents under Article 10 herein.
(3) The documents referred to in Paragraph (2) must be presented to the Administrative Board within one week after receipt of notice of Annual General Meeting.
Article 13. (1) A member of the National Vine and Wine Chamber may be expelled:
1. Upon non-payment of membership dues in the course of three months, reckoned from the date fixed as a time limit for payment of the said dues.
2. Upon non-compliance with the professional rules as adopted.
3. Upon non-observance of the resolutions of the General Meeting and of the governing bodies of the National Vine and Wine Chamber.
(2) A motion for expulsion of a member may be made by any member of the National Vine and Wine Chamber, by the Administrative Board or by the Control Board of the National Vine and Wine Chamber.
(3) A member of the National Vine and Wine Chamber shall be expelled by resolution of the General Meeting. The member whereof the expulsion is moved shall not participate in the voting.
(4) An expelled member may re-apply for membership of the National Vine and Wine Chamber according to the procedure established by Article 10 herein solely after fulfilment of the duties whereof the dereliction provided grounds for the expulsion thereof.
Article 13A. (1) Any member of the National Vine and Wine Chamber, who or which shall fail to pay the property contribution as fixed by the General Meeting within three months, shall be presumed to have forfeited the membership thereof.
(2) Forfeiture of membership by reason of non-payment of property contributions and systematic non-participation in the activities shall be ascertained proceeding from documents.
Article 14. (1) In the event of dissolution or transformation of a juristic person which is member of the National Vine and Wine Chamber, the legal successor to the said person shall be deemed to be member of the National Vine and Wine Chamber if satisfying the requirements of the law and of this Statute.
(2) Upon any other transformation of juristic persons (merger by the formation of a new juristic person, division by acquisition, and division by the formation of new juristic persons) whereupon a member shall lose the legal independence thereof, the new juristic person or persons shall submit an application for membership of the National Vine and Wine Chamber according to the procedure established in the Statute.
(3) Upon death of a natural person who is member of the National Vine and Wine Chamber, the heirs to the said person shall submit an application for membership of the National Vine and Wine Chamber according to the procedure established in the Statute.
V. Rights and Duties of the Members of the National Vine and Wine Chamber
Article 15. Each member of the National Vine and Wine Chamber shall have the right:
1. To participate in the proceedings of the General Meeting of the National Vine and Wine Chamber.
2. To participate in the discussion and to express an opinion on all matters relevant to the work of the National Vine and Wine Chamber.
3. To elect members and to be elected member of the governing and supervisory bodies of the National Vine and Wine Chamber.
4. To vote according to the procedure established by this Statute.
5. To inspect the minutes of the General Meeting.
6. To introduce motions on matters relevant to the activities of the National Vine and Wine Chamber for consideration before the governing and supervisory bodies of the National Vine and Wine Chamber.
7. To obtain information from the bodies of the National Vine and Wine Chamber on implementation of resolutions as adopted.
8. To withdraw from the National Vine and Wine Chamber at any time, observing the procedure established in the Statute, after settling the relations arising from the membership thereof in the National Vine and Wine Chamber.
Article 16. Each member of the National Vine and Wine Chamber shall be obligated:
1. To pay in due course the membership dues as fixed by the General Meeting.
2. To take an active part in the implementation of the purposes of the National Vine and Wine Chamber.
3. To observe this Statute, the professional rules as adopted, and to abide by the decisions of the governing bodies of the National Vine and Wine Chamber.
4. To observe professional ethics in the activities thereof in accordance with the rules of good manufacturing and trading practice.
5. To provide any documents and information as may be required by decision of the Administrative Board.
VI. Organising Principles of the National Vine and Wine Chamber
Article 17. The activities of the National Vine and Wine Chamber shall rest on the following organising principles:
1. Electivity and limited terms of office for the members of the Administrative Board and the Control Board.
2. Legality: the activities of the National Vine and Wine Chamber and of the bodies thereof shall be pursued in accordance with the laws of the Republic of Bulgaria and, in particular, the Wine and Spirits Act and the concomitant statutory instruments of subordinate legislation.
3. Accountability and responsibility of the governing bodies.
4. Public openness and transparency in the work of the governing bodies.
VII. Organisational Structure
Article 18. The National Vine and Wine Chamber shall have the following bodies:
1. a General Meeting.
2. an Administrative Board.
3. a Chairman of the National Vine and Wine Chamber.
4. a Control Board.
VIII. General Meeting
Section A
General Meeting: Composition
Article 19. (1) The General Meeting shall be a supreme body of the National Vine and Wine Chamber.
(2) The General Meeting shall be composed of all members of the National Vine and Wine Chamber.
(3) Each of the members of the National Vine and Wine Chamber shall be entitled to a single vote at the General Meeting.
(4) The persons referred to in Item 7 of Article 9, paragraph 1 herein shall attend the General Meeting in a non-voting capacity.
(5) No member of the General Meeting shall be entitled to vote in determination of any matters affecting:
1. the said member, the spouse thereof, any lineal relative thereof up to any degree of consanguinity, any collateral relative thereof up to the fourth degree of consanguinity, or any affine thereof up to the second degree of affinity;
2. any juristic person wherein the said member is a manager or may impose or block decision-making.
Article 20. (1) Each natural person shall exercise the voting power thereof in person, and each juristic person shall exercise the voting power thereof through the legal representative thereof.
(2) A single person may not represent more than three members of the General Meeting proceeding from a written authorisation.
(3) Re-authorisation shall be inadmissible.
Section B
General Meeting: Convocation and Conduct
Article 21. (1) The General Meeting shall be called to an ordinary session to adopt the relevant reports and elect new governing bodies at least once a year by the Administrative Board on the initiative thereof or on a requisition of one-third of the members of the National Vine and Wine Chamber. If, in the latter event, the Administrative Board fails to give a written notice of the General Meeting within one month, the General Meeting shall be convened by the court exercising jurisdiction over the seat of the National Vine and Wine Chamber on a petition in writing by the interested members or a designee thereof.
(2) Any notice of General Meeting must state the agenda, the date, time and venue of the session of the General Meeting, and the initiator of the convocation.
(3) Any notice of General Meeting shall be published in the Official Gazette and shall be posted on the notice board on the premises where the management of the Association resides not later than one month prior to the appointed day.
(4) A session of the General Meeting to adopt the relevant reports or to adopt the relevant reports and elect new governing bodies in respect of a report period coextensive with the financial year, commencing on the 1st day of January and ending on the 31st day of December, shall be held before the end of March in the next succeeding year.
Article 22. (1) A notice of General Meeting shall furthermore be dispatched to each member of the National Vine and Wine Chamber at an address named thereby.
(2) The General Meeting may not act on any matter which has not been included in the agenda as announced in the notice.
Section C
Quorum
Article 23. (1) For the valid transaction of business at any General Meeting, more than one half of all members of the National Vine and Wine Chamber shall have to be present thereat.
(2) Unless the required quorum is present, the meeting shall stand adjourned to a time within one hour thereafter at the same venue and with the same agenda and can be held, with the attendance of whatever number of members of the National Vine and Wine Chamber have presented themselves.
Section D
General Meeting: Powers
Article 24. (1) The General Meeting shall exercise the following powers:
1. amend and supplement this Statute;
2. pass upon transformation or dissolution of the National Vine and Wine Chamber;
3. pass upon conclusion of any transactions of disposition and encumbrance by any charge of the real property of the Association;
4. adopt the budget of the National Vine and Wine Chamber and authorise any expenditures which are not projected in the budget, acting on a motion by the Administrative Board;
5. pass upon the dueness and amount of membership dues and/or of property contributions;
6. adopt the annual financial statement of the National Vine and Wine Chamber, as prepared by the Administrative Board and as certified by the Control Board;
7. elect and remove the members of the Administrative Board and of the Control Board;
8. elect and remove the Chairman of the National Vine and Wine Chamber;
9. fix a compensation for the members of the Administrative Board and of the Control Board, in case it shall be resolved to pay such compensation;
10. adopt the annual reports on the activities and on the performance of the Administrative Board and of the Control Board. The General Meeting may at any time require interim reports on the performance of the Administrative Board and of the Control Board, as well as reports on specific matters;
11. admit and expel the members of the National Vine and Wine Chamber;
12. approve a strategy for development of viticulture, wine-making and trade in wines and in vine and wine products, as prepared by the Administrative Board;
13. approve the annual report of the Administrative Board on the state of viticulture and wine-making in Bulgaria;
14. determine the territorial scope and the seats of the Regional Vine and Wine Chambers;
15. pass upon the formation of commissions, working groups or any other auxiliary structures to assist the activities of the National Vine and Wine Chamber, acting on a motion by the Administrative Board;
16. pass upon the formation of pecuniary funds and establish the procedure for the spending of the said funds, acting on a motion by the Administrative Board;
17. pass upon participation in any other organisations;
18. revoke any decisions of the other bodies of the association which contravene the law, the Statute or other acts regulating the activities of the association.
(2) Any resolution of the General Meeting shall be binding upon the other bodies of the National Vine and Wine Chamber, on the Regional Vine and Wince Chambers, and on the rest of the members of the National Vine and Wine Chamber.
(3) Any resolution or decision of the bodies of the National Vine and Wine Chamber, which has been passed or made in contravention of the law, the Statute or a precedent resolution of the General Meeting, may be contested before the General Meeting on a requisition of the interested members of the Chamber or a body thereof, submitted within one month after learning of the said resolution or decision but not later than one year after the date of passage or making of the said resolution or decision.
Section E
General Meeting: Resolutions
Article 25. (1) The General Meeting shall pass resolutions by a simple majority of the members attending, except in the cases expressly provided for in the Statute.
(2) Any resolution on a matter referred to in Items 1 and 2 of Article 24 herein shall require the affirmative vote of not less than two-thirds of the members attending.
(3) Any resolution on a matter referred to in Items 7 and 8 of Article 24 herein shall require such majority and voting procedure as this Statute shall establish.
Article 26. The General Meeting shall pass resolutions by open ballot, save as where the General Meeting shall resolve, by a majority of two-thirds of the members attending, on voting by secret ballot.
Article 27. (1) Minutes shall be taken of the proceedings at each session of the General Meeting, and the discussions held and resolutions passed shall be recorded in the said minutes.
(2) The minutes shall be signed by the Chairman of the National Vine and Wine Chamber and by the minute taker of the meeting.
(3) The meetings of the sessions shall be kept by the Administrative Board for a period of ten years.
Article 28. (1) Any resolution of the General Meeting shall be subject to judicial review as to the conformity thereof with the law and with the Statute.
(2) Any controversies under Paragraph (2) may be brought before the court wherewith the National Vine and Wine Chamber is registered by any member of the Association or by any body of the said association, or by a public prosecutor, within one month after learning of a non-conforming resolution but not later than one year after the date of passage of the said resolution.
IX. Administrative Board
Article 29. (1) The Administrative Board shall be a collective governing body of the Chamber, consisting of sixteen members. Eleven of the members shall be elected by the General Meeting of the National Vine and Wine Chamber, and five of the members shall be elected by the General Meetings of the Regional Vine and Wine Chambers, one member by each chamber. The General Meeting of a Regional Vine and Wine Chamber may designate the Chairman thereof as member of the Administrative Board of the National Vine and Wine Chamber.
(2) The members of the Administrative Board shall be elected for a term of three years. No member of the Administrative Board may be re-elected for more than three successive terms in office. Upon expiration of the term of office thereof, the members of the Administrative Board shall continue to perform the functions thereof until election of new members of the Administrative Board.
(3) Eligibility for membership of the Administrative Board shall be limited to juristic persons or to natural persons who are Bulgarian citizens, who have attained the age of 18 years, and who have not been convicted of premeditated criminal offences at public law. Not more than two persons, who are not members of the National Vine and Wine Chamber, may be elected members of the Administrative Board of the National Vine and Wine Chamber.
(4) Upon election of an Administrative Board, a voting shall be held first for a Chairman of the Administrative Board, who shall be an ex officio Chairman of the National Vine and Wine Chamber, and thereafter a voting shall be held for the rest of the members of the Administrative Board.
(5) To be considered elected Chairman, a candidate must garner two-thirds of the votes of the attending members of the General Meeting. Should none of the candidates as nominated garner the required number of votes, a second voting shall be held for the two candidates who garnered the most votes, and the candidate who garners more votes shall be considered elected.
Article 30. (1) The rest of the members of the Administrative Board of the quota of the National Vine and Wine Chamber shall be elected by the General Meeting as follows:
1. According to a list which may be moves by any attending member of the National Vine and Wine Chamber, with voting en bloc for all persons nominated on the list.
2. By putting to the vote the candidacy of each candidate as nominated.
(2) The method of electing members of the Administrative Board shall be put to the vote.
(3) The members of the Administrative Board of the quota of the Regional Vine and Wine Chambers shall be selected by the General Meetings of the Regional Vine and Wine Chambers according to the procedure established by the Statute of the relevant Chamber. Each person who has been elected member of the Administrative Board of the National Vine and Wine Chamber of the quota of a Regional Vine and Wine Chamber shall submit certified minutes of the session of the General Meeting of the Regional Vine and Wine Chamber and, upon request, other evidence as well ascertaining the validity of the election.
Article 31. (1) Should the General Meeting resolve that the members of the Administrative Board be elected by means of voting for a list, the persons nominated on the said list shall be considered elected if at least two-thirds of the members attending the meeting vote therefore.
(2) If the persons on the list fail to garner the required majority, voting shall be proceeded with according to the procedure established by Item 2 of Article 30 (1) herein.
Article 32. (1) Should the General Meeting resolve that the members of the Administrative Board be elected by means of separate voting for each candidacy as proposed, the person who has received at least two-thirds of the votes of the attending members of the National Vine and Wine Chamber shall be considered elected member of the Administrative Board. Each attending member of the National Vine and Wine Chamber may vote in favour as many times as are the vacant seats on the Administrative Board.
(2) Should any candidates fail to garner the required majority even in the second voting, the candidates who have garnered at least one half of the votes shall be considered elected. Each attending member of the National Vine and Wine Chamber may vote in favour as many times as are the vacant seats on the Administrative Board.
Article 33. (1) A member of the Administrative Board may be removed prior to the expiration of the term of office thereof on any of the following grounds:
1. resignation, tendered in writing to the Chairman of the National Vine and Wine Chamber;
2. death;
3. sustained and continued inability to perform the duties thereof, due to illness, stay abroad etc. (persisting for more than six successive months);
4. interdiction;
5. violations of this Statute and/or exercise of the powers vested contrary to the purposes and functions of the National Vine and Wine Chamber or to the detriment of the said Chamber.
(2) In the cases referred to in Items 3 and 5 of Paragraph 1, a member of the Administrative Board shall be removed prior to the expiration of the term of office thereof by resolution of the General Meeting.
(3) In the cases referred to in Items 1, 2 and 4 of Paragraph 1, a member of the Administrative Board shall be removed automatically.
(4) Upon removal of a member of the Administrative Board prior to the expiration of the term of office thereof, the General Meeting shall be called within one month to elect a new member of the Administrative Board according to the procedure established by Articles 30, 31 and 32 herein.
(5) Motions for removal prior to the expiration of the term of office under Paragraph (2) may be made:
1. by the Administrative Board, acting on a decision thereof made by a majority of two-thirds of the members of the Administrative Board, whereupon the member whereof the removal has been moved shall not vote;
2. by the Control Board, acting on a decision thereof made by a majority of two-thirds of the members of the Control Board;
3. on a requisition of one-tenth of the members of the Administrative Board.
Article 34. (1) The Administrative Board shall be called to an ordinary meeting once monthly according to a pre-announced agenda.
(2) The convocation of the Administrative Board shall be effected by the Chairman of the National Vine and Wine Chamber.
(3) The Administrative Board may furthermore be called to an extraordinary meeting:
1. on the initiative of the Chairman;
2. on a written requisition by one-third of the members of the Administrative Board.
(4) Should the Chairman fail to call a meeting of the Administrative Board within one week, the said meeting may be called by any of the interested members of the Administrative Board.
(5) In the absence of the Chairman, the meeting of the Administrative Board shall be presided over by a member of the Administrative Board designated by the Chairman of the said Board.
(6) The Administrative Board shall operate according to internal regulations adopted thereby.
Article 35. The Administrative Board shall perform the following functions:
1. prepare an annual report on the state of viticulture and wine-making in Bulgaria and present the said report for approval to the General Meeting of the National Vine and Wine Chamber.
2. participate in the elaboration of drafts of statutory instruments relevant to the vine and wine sector;
3. prepare opinions on statutory instruments relevant to viticulture and wine-making;
4. propose to the Ministry of Agriculture and Forestry modalities for distribution of resources of the State Fund Agriculture for development of and assistance to viticulture;
5. consolidate the information provided by the Regional Vine and Wine Chambers and, if necessary, make proposals to the Council of Ministers for state intervention on the vine and wine market;
6. approve the internal regulations adopted by the Regional Vine and Wine Chambers;
7. prepare proposals on the micro-zoning of the viticultural potential;
8. propose the endorsement of quality wines of designated region;
9. endorse the composition of the regional tasting boards which perform organoleptic analysis and evaluation of wines, grape rakiyas and wine brandy;
10. make proposals to supplement and amend the vineyard cadastre;
11. exercise control over the activities of the Regional Vine and Wine Chambers in respect of the issuance of certificates of origin for quality wines of appellation of origin and of certificates of authenticity to the producers of grape rakiya and wine brandy and impose the sanctions adopted by the General Meeting;
12. participate, through a representative thereof, in disputes on protection of wine quality and origin;
13. verify the conformity of the acts of the Regional Vine and Wine Chambers with the Statute of the National Vine and Wine Chamber and with the resolutions of the General Meeting;
14. direct the overall operations of the National Vine and Wine Chamber between two General Meetings;
15. organise and ensure the implementation of the resolutions of the General Meeting;
16. prepare the draft budget of the National Vine and Wine Chamber and move it for approval to the General Meeting;
17. organise the spending of the pecuniary funds of the National Vine and Wine Chamber in accordance with the resolution of the General Meeting;
18. make decisions on acquisition of assets, including real property, acceptance of donations, participation in projects of international organisations etc.;
19. determine the administrative structure and the tenured staff size of the National Vine and Wine Chamber, which shall be subject to approval by the General Meeting;
20. organise the collection of membership dues;
21. pass upon imposition of disciplinary sanctions on members of the National Vine and Wine Chamber for dereliction of the duties under this Statute, the specific sanctions, the manner and procedure for the imposition thereof and for the appeal thereof being established by a resolution of the General Meeting;
22. prepare a report on the activities and performance of the Administrative Period during the report period;
23. elaborate other draft resolutions of the General Meeting;
24. organise and direct the implementation of the resolutions of the General Meeting;
25. dispose of the property of the National Vine and Wine Chamber in compliance with the requirements of the Statute;
26. establish the procedure and organise the performance of the activities of the National Vine and Wine Chamber;
27. represent the National Vine and Wine Chamber, as well as determine the extent of the representative authority vested in individual members thereof;
28. determine the address of the National Vine and Wine Chamber;
29. make decisions on any matters which by law or according to the Statute do not lie within the competence of any other body.
Article 36. (1) For the valid transaction of business at any meeting of the Administrative Board, all members thereof must be duly notified and more than one half of the members of the Administrative Board must be present at the said meeting.
(2) Any member, wherewith a bilateral telephone or other communication has been established, guaranteeing identification and allowing participation of the said member in the debate and decision-making, shall likewise be deemed to be present. The voting of any such person shall be certified in the minutes by the presiding officer of the meeting.
(3) The Administrative Board shall make decisions by open ballot and by a simple majority of the members attending.
(4) Any decisions referred to in Items 25 and 26 of Article 35 herein and in Article 50A (2) herein shall require a majority of all members.
(5) Any decisions referred to in Items 4, 5, 6, 8, 10 and 12 of Article 33 herein shall require a qualified majority of two-thirds of all members of the Administrative Board.
(6) The Administrative Board may furthermore act without meeting if all members of the Administrative Board sign the minutes on the decision made without remarks and objections.
X. Chairman of the National Vine and Wine Chamber
Article 37. (1) Chairman of the National Vine and Wine Chamber shall be an elective office entrusted with representative and operative functions.
(2) The Chairman of the National Vine and Wine Chamber shall be an ex officio Chairman of the Administrative Board.
Article 38. The Chairman of the National Vine and Wine Chamber shall perform the following functions:
1. Organise, direct and assume responsibility for the overall activities of the National Vine and Wine Chamber.
2. Represent the National Vine and Wine Chamber in dealings with the state bodies, the public organisations and other natural and juristic persons in Bulgaria and abroad.
3. Organise the preparation of the resolutions of the General Meeting.
4. Call the meetings of the Administrative Board.
5. Account for the performance thereof at the meetings of the Administrative Board.
6. Appoint an Administrative Secretary, the employees and the support staff of the National Vine and Wine Chamber.
7. Manage and steward the property of the National Vine and Wine Chamber and dispose independently of financial resources amounting up to BGN 10,000.
8. Organise the implementation of the resolutions of the General Meeting and the decisions of the Administrative Board.
9. Organise the logistical and administrative support of the overall activities of the National Vine and Wine Chamber.
10. When necessary, appoint Deputy Chairman of the National Vine and Wine Chamber from amongst the members of the Administrative Board and, in this case, determine the powers thereof.
Article 39. (1) To be eligible for the office of Administrative Secretary, a person must be an accomplished organiser, a graduate from a higher educational establishment, have not been convicted of premeditated criminal offences at public law, and possessing expertise in the field of viticulture, wine-making and trade in wine and in vine and wine products.
(2) The Administrative Secretary need not be a member of the National Vine and Wine Chamber.
(3) The Administrative Secretary shall perform the following functions:
1. Co-ordinate the operation of the commissions, working groups and the other auxiliary structures as formed.
2. Prepare the materials for the meetings of the Administrative Board, the Control Board and the auxiliary structures formed by resolution of the General Meeting.
3. Direct and organise the work of the administration of the National Vine and Wine Chamber and provide the logistic thereof.
4. May perform part of the functions of the Chairman of the National Vine and Wine Chamber, where authorised to do so.
5. Attend the meetings of the Administrative Board and the Control Board in a non-voting capacity.
6. The Administrative Secretary shall account for the performance thereof to the Chairman of the National Vine and Wine Chamber and to the Administrative Board. The Administrative Secretary may not refuse to provide information on the performance thereof when requested to do so by a member of the Administrative Board.
(4) The Administrative Secretary shall propose the structure of the administrative apparatus, inter alia determining the divisions thereof.
XI. Control Board
Article 40. The Control Board shall be a supervisory body of the National Vine and Wine Chamber.
Article 41. (1) The Control Board shall consist of three members who shall be elected by the General Meeting.
(2) The members of the Control Board shall be elected for a term of three years. No member of the Control Board may be re-elected for more than three successive terms in office. Upon expiration of the term of office thereof, the members of the Control Board shall continue to perform the functions thereof until election of new members of the Control Board.
(3) Eligibility for membership of the Administrative Board shall be limited to natural persons who are Bulgarian citizens, who have attained the age of 18 years, who have not been convicted of premeditated criminal offences at public law, and who need not be members of the National Vine and Wine Chamber.
(4) The Control Board shall be elected by the General Meeting according to the procedure established by Articles 30, 31 and 32 herein.
(5) At the first meeting thereof, the Control Board shall elect a Chairman from amongst the members thereof by a simple majority and by open ballot. The Chairman shall direct the activities of the Control Board and shall account for the performance thereof to the said Board.
(6) The grounds under Article 33 herein for removal of a member of the Administrative Board prior to the expiration of the term of office thereof shall furthermore apply to the members of the Control Board.
Article 42. (1) The Control Board shall be called to an ordinary meeting by the Chairman thereof at intervals which may not be shorter than three months.
(2) The Control Board may furthermore be called to an extraordinary meeting by the Chairman thereof or on a requisition of the members of the Control Board.
(3) In the case of the foregoing Paragraph, the requisitionists shall entrust one of their number to organise the convocation of the meeting of the Control Board, should the Chairman of the said Board have refused to do so.
Article 43. (1) The Control Board shall perform the following functions:
1. See to the implementation of the resolutions of the General Meeting.
2. Control the strict observance of this Statute by the governing bodies of the National Vine and Wine Chamber and by the members thereof.
3. Pronounce on requests and complaints by members of the National Vine and Wine Chamber.
4. Oversee the correct and legally conforming spending of the financial resources and the conservation of the property of the National Vine and Wine Chamber.
5. Exercise overall control over the financial operations of the National Vine and Wine Chamber.
6. Account before the General Meeting of the National Vine and Wine Chamber.
7. Call the General Meeting and the Administrative Board in the cases provided for in this Statute.
(2) In the performance of the functions thereof, the Control Board may require that any body or employee of the National Vine and Wine Chamber provide information and shall have unimpeded access to all documents.
XII. Subsidiary Business, Property and Financial Resources
Article 43A. (1) The National Vine and Wine Chamber shall carry on subsidiary business related to the objects of the core activity of the Chamber. The income accruing from the said subsidiary business shall be used for accomplishment of the purposes as determined in this Statute.
(2) The National Vine and Wine Chamber shall distribute no profit.
(3) The National Vine and Wine Chamber shall carry on subsidiary business which shall consist of:
1. arrangement and participation in fairs, exhibitions and festivals;
2. arrangement and participation in events accompanying the specialised Vinaria Exhibition;
3. conduct of wine tasting sessions;
4. publication and sale of the Lozarstvo i Vinarstvo magazine;
5. publication and sale of vine and wine maps of Bulgaria;
6. publication of information supplements Results of National Wine Tasting Sessions, Practical Tips for Vine Growers etc.;
7. delivery of seminars, trainings etc.;
8. information services;
9. other subsidiary business related to the objects of the National Vine and Wine Chamber.
Article 44. The property of the National Vine and Wine Chamber shall consist of right of ownership of corporeal immovables and corporeal movables, cash resources, securities, real rights and other rights.
Article 45. (1) The property and the financial resources of the National Vine and Wine Chamber shall be derived from:
1. membership dues;
2. donations, legacies, devises and bequests of Bulgarian and foreign individuals and organisations;
3. sponsorship;
4. personal property and real property purchased on resources of the National Vine and Wine Chamber;
5. income from subsidiary business as carried on;
6. proceeds from fees collected for the activities covered under Item 8 of Article 53 of the Wine and Spirits Act.
(2) The amount of the fees shall be fixed in a Rate Schedule of Fees, approved by the Council of Ministers according to Article 64 of the Wine and Spirits Act.
Article 46. The property of the National Vine and Wine Chamber shall be inventoried for each year under review, and the report prepared on the basis of any such inventorying shall be provided to the General Meeting.
Article 47. (1) The National Vine and Wine Chamber shall dispose of the property and financial resources thereof according to the provisions of this Statute.
(2) The property and financial resources shall be used for and spent on accomplishment of the purposes of the National Vine and Wine Chamber.
Article 48. The financial period of the National Vine and Wine Chamber shall be coextensive with the calendar year, which shall commence on the 1st day of January and shall end on the 31st day of December in the same year.
Article 49. The expenditures of the National Vine and Wine Chamber shall conform to a budget for the financial period.
XIII. Dissolution, Liquidation and Expungement
of the National Vine and Wine Chamber. Property after Winding Up
Article 50. (1) The National Vine and Wine Chamber shall be dissolved:
1. By resolution of the General Meeting.
2. By judgement of the District Court exercising jurisdiction over the seat of the National Vine and Wine Chamber where:
(a) the National Vine and Wine Chamber engages in any activity which contravenes the law or is contrary to public order or morals;
(b) the National Vine and Wine Chamber has been adjudicated bankrupt.
(2) The judgement of court referred to in Item 2 of Paragraph (1) shall be rendered on action brought by any interested party or by a public prosecutor.
Article 50A. (1) Upon dissolution, the National Vine and Wine Chamber shall be wound up.
(2) Winding up shall be conducted by the Administrative Court or by a designee thereof.
(3) Should no liquidator be designated according to the procedure established by Paragraph (2), a liquidator shall be appointed by the Sofia City Court.
Article 50B. (1) The distribution of any property of the National Vine and Wine Chamber left after satisfaction of the creditors shall be effected in proportion to the membership dues paid at the time of winding up by each member of the National Vine and Wine Chamber, unless the General Meeting shall resolve otherwise.
(2) The liquidator shall conduct the winding up in compliance with the requirements of the Non-Profit Corporations Act and the other effective Bulgarian legislation.
(3) After distribution of the property, the liquidator shall petition the Sofia City Court to expunge the National Vine and Wine Chamber in the register of non-profit corporations.
XIV. Final Provisions
Article 51. This Statute was adopted by the Constituent Meeting of the National Vine and Wine Chamber, which was held in the City of Plovdiv on the 10th day of February 2000 and has been signed by all founding members.
