The rules of the Bulgarian Recognition, Execution, Issuance and Transmission of Property Freezing Orders Act apply to the EU Member States.
The court may refuse to recognize or execute the freezing order where:
1. no certificate or an incomplete certificate has been submitted, or the submitted certificate is obviously at variance with the writ for securing of assets;
2. under Bulgarian law the person subject to criminal proceedings enjoys such immunity or privilege as would render impossible the enforcement of the writ for securing of assets;
3. it has been established from the data in the certificate that in relation to the execution of the motion as per Article 4, for the criminal proceedings in respect of which said writ has been issued, there is evidence of grounds as per Article 24 (1), item 6 of the Criminal Procedure Code- cases where the recognition or execution of the freezing order would be contrary to the principle of ne bis in idem;
4. the offense in respect of which the writ for securing of assets and evidence is issued does not constitute a criminal act under Bulgarian law, except for cases as per Article 5, paragraphs (2) and (3) - i.e. cases in which double criminality is not required, where the Bulgarian law entirely complies with Article 3 (1) of the Regulation (EU) 2018/1805, and cases of crimes related to taxes, stamp and customs duties, or currency exchange, where Bulgarian law does not provide for an identical type of tax or duty, or does not regulate in an identical manner the applicable taxes, stamp and customs duties, or currency exchange, as does the law of the issuing State.
In the cases where no certificate or an incomplete certificate has been submitted, or the submitted certificate is obviously at variance with the writ for securing of assets, the competent court may:
1. set a time limit for submission of the certificate or for making corrections therein, for provision of additional information, etc.;
2. adopt another document of equal validity, or
3. exempt the competent authority in the issuing State from the requirement to submit a certificate, if the information provided is sufficient.
Where the writ/order for securing of assets is unenforceable on grounds that such assets of evidence have been destroyed, or cannot be located at the place specified in the certificate, or their location is not stated with sufficient accuracy, even following consultations with the issuing State, the court notifies the competent authority of the issuing State immediately after establishing the above circumstances.