ORDINANCE
on the Procedure for
Registration of Certification-Service-Providers
Adopted pursuant to CMD No. 17 dated 31
January 2002
(Promulgated, SG No. 15 dated 8 February 2002)
Section I
General Provisions
Article 1. This Regulation shall determine the terms and procedure to be followed by the Communications Regulation Commission in registering the certification-service-providers, issuing universal electronic signature certificates.
Article 2. (1) Universal electronic signature certificates may only be issued by a person registered hereunder.
(2) Any registration hereunder shall be made under the terms of equality, publicity and transparency.озрачност.
Article 3. Any registration shall be of an indefinite time-period, unless otherwise has been applied for by the applicant.
Article 4. Any registration hereunder shall have effect on the territory, subject to the sovereignty of the Republic of Bulgaria, as well as on any territory, where the effect of such registration made hereunder is recognized according to an international treaty, to which the Republic of Bulgaria is a party.
Article 5. The Communications Regulation Commission shall support a public register of persons registered hereunder.
Section II
Registration Procedure
Article 6. (1) Any person willing to be registered hereunder shall file an application in writing, and in the stipulated form, with the Commission on Regulation of Communications.
(2) The application under paragraph 1 shall specify:
1. The name, registered office and address of the applicant;
2. Number as per the National Taxation Register and identification code BULSTAT;
3. The description of services to be provided;
4. Request for issue of registration certificate.
(3) The following exhibits shall be submitted along with the application under paragraph 1:
1. Documents of incorporation or certificate of current court registration of the applicant;
2. Copy of the insurance policy under Article 21(1), point (2), of the Law on Electronic Document and Electronic Signature (LEDES), certified by the applicant;
3. The rules on issuance of certificates, including the rules on ascertaining the identity of the owner of the universal electronic signature;
4. the security procedures applied during issuance and use of the universal electronic signature;
5. the terms and procedure for using the universal electronic signature, including the requirements for storing the private key;
6. the price for receiving and using of certificates, as well as the prices for the rest of the services, provided by the certification-service-provider;
7. declaration in the stipulated form stating that the requirements under Article 21(1), points 1, 3 and 4, of LEDES have been fulfilled;
8. documents proving the fulfillment of the requirements under Article 17 and Article 21(1), points 5 through 8, of LEDES;
9. Copy of document for paid state fee.
(4) The documents under paragraph (3) shall be filed in 2 copies and shall be in Bulgarian language.
(5) The documents under paragraph (3), points 3 and 4, shall be drawn according to the requirements of the Ordinance On the Activities of Certification-Service-Providers, the Terms and Procedures for Termination Thereof, And the Requirements for Provision of Certification Services, and shall be subject to approval by the Communications Regulation Commission according to Article 32(1), point 2, of LEDES.
Article 7. In case of omissions regarding the complete set of documents to be submitted along with the application under Article 6, the applicant concerned shall be given a 7-day time-period for their elimination.
Article 8. (1) The application for registration shall be considered in a one-month term.
(2) The Communications Regulation Commission may deny the registration if the applicant:
1. has not presented any of the required documents;
2. does not satisfy the requirements laid down in Article 17 and Article 21(1) of LEDES;
3. has not paid the required state fee.
(3) In its decision for denial of registration the Communications Regulation Commission shall point out their motives therefor, and shall notify the applicant within 3 days.
(4) The decision under paragraph (3) may be appealed against according to the procedure laid down in the Law on Supreme Administrative Court.
Article 9. The applicant may file a new application for registration after he has eliminated the omissions and discrepancies.
Article 10. (1) Following the filing of application and exhibits thereto, and provided the requirements of LEDES and its subsidiary legislation thereof have been fulfilled, the Communications Regulation Commission shall register the applicant by making an entry into the register.
(2) The Communications Regulation Commission shall issue a registration certificate.
Section III
Amendments in the Registration
Article 11. (1) Any registered person is obliged to file within 7 days an application with the Communications Regulation Commission for amendments to be made in his registration in case of any amendment in:
1. court registration - for legal entities or natural persons, who are sole proprietors;
2. name or address - for natural persons.
(2) Any registered person is obliged to notify within 14 days the Communications Regulation Commission about any amendment regarding any of the other circumstances laid down in Article 6.
Section IV
Deletion of Registration
Article 12. (1) The Communications Regulation Commission shall delete the registration of any certification-service-provider in case of:
1. Grave or systematic violations of LEDES and the subsidiary legislation on its implementing thereof;
2. Submission of untrue information.
(2) The registration shall be as well deleted in the following cases:
1. Death of the natural person or suspension of the legal entity of the provider without its assignment, or deregistration of the sole proprietorship from the commercial register;
2. Following a notification in writing of a registered provider about the termination of his activity.
(3) The decision under paragraph (1) may be appealed against under the procedure laid down in the Law on Supreme Administrative Court.
Section V
Fees
Article 13. Fees shall be paid for any registration hereunder, their amount being specified in the Tariff On Fees to be Collected by the Communications Regulation Commission For the Registration of Certification-Service-Providers, adopted pursuant to a Council of Ministers’ Decree.
Final Provision
Single Paragraph. This Ordinance is adopted pursuant to Article 36(6) of the Law on Electronic Document and Electronic Signature.