THE practice in Bulgaria of charging foreign nationals more than Bulgarians is illegal and represents a discriminatory practice that contradicts the European Union's standards for free movement of goods and services, thus jeopardising the country's positive assessment in the regular report on Bulgaria's accession, due in October.

This, already illegal practice, is not in accordance with the one-year old Protection against Discrimination Act. The act was approved by Parliament on September 16, 2003, promulgated in the State Gazette on September 30, 2003, and came into force on January 1 this year.

The act prohibits any direct or indirect discrimination based on gender, race, nationality, ethnic identity, citizenship, origin, religion, faith, education, beliefs, political affiliation, personal or public status, property, age, disability and sexual orientation.

However, the non-implementation of the Protection against Discrimination Act is not in line with European Union's standards for the freedom of services provided within the union and therefore in the acceding countries.

The first anniversary of the deadline for transposing the Racial Equality Directive into national law was July 19, which should prohibit racial discrimination in a wide range of areas, including access to goods and services and social security.

The Council of the European Union decision of November 27, 2000, establishing a community action programme to combat discrimination (2001 to 2006) states that all should have "equal access to, and supply of, goods and services which are available to the public, including housing, transport, culture, leisure and sport".

It is believed that the EC will emphasise this requirement in its regular report on Bulgaria's EU accession progress, which is to be released next month.

Minister of European Affairs Meglena Kuneva expects an entirely positive evaluation of Bulgaria's performance concerning the harmonisation of the country's legislation, but the enforcement of the transposed legislation would not be assessed positively, she said after the first session of the Cabinet's Council for Coordination and Monitoring.

"Acts of discrimination will be fined between 250 leva and 2000 leva," the Protection against Discrimination Act says - but the general practice in Sofia and in many tourism hotspots throughout the country is to quote two different prices for Bulgarians and foreign nationals.

"Bulgarian hotel and restaurant owners as well as museum administration should launch uniform prices for foreigners and Bulgarian nationals by 2007 when the country hopes to join the soon biggest market in the world," an expatriate who would like his name not to be revealed told The Sofia Echo.

"Implementation of the Protection against Discrimination Act is the problem," an expatriate and reader of The Sofia Echo said on return from Arbanassi, where he was charged normal rates but his friend, who has no Bulgarian identity card, was charged double on nationality grounds.

Independent research by The Sofia Echo among expatriates showed double pricing to be in force at the Museum of Natural History, the Crypt and at the seaside, as well as on the service carriages on the train from Sofia to the seaside.

The legislation against this kind of discrimination exists, but its implementation is vague. Kuneva said that some 90 per cent of Bulgaria's legislation has been harmonised with the EU law, but the ministries should take administrative measures, adopting relevant strategies and technologies, so that the state administration can start operating according to new standards.

"From the point of view of the political criteria, the establishment of a commission for protection against discrimination and the election of ombudsman are rather important," Kuneva said.

The commission for the protection against discrimination, which will work as an independent state body, will be in charge of the implementation of the act. The commission will be required to prevent and combat acts of discrimination, impose sanctions, approach courts and provide independent aid to victims of discrimination. Any person whose rights to equality have been violated will be able to file a complaint in the regional court.