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Law No. 53 Of 10 April 2017Pentru The Approval Of The Government Emergency Ordinance Nr. 62/2016 On The Establishment Of The Authority Of The Railway Reform

Original Language Title: LEGE nr. 53 din 10 aprilie 2017pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 62/2016 privind înfiinţarea Autorităţii de Reformă Feroviară

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LEGE no. 53 53 of 10 April 2017 for approval Government Emergency Ordinance no. 62/2016 on the establishment of the Railway Reform Authority
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 255 255 of 12 April 2017



The Romanian Parliament adopts this law + UNIQUE ARTICLE Approval Government Emergency Ordinance no. 62 62 of 28 September 2016 on the establishment of the Railway Reform Authority, published in the Official Gazette of Romania, Part I, no. 798 of 11 October 2016, with the following amendments and additions: 1. Title of Emergency Ordinance is amended and will read as follows: EMERGENCY ORDINANCE on the establishment of the Railway Reform Authority 2. La Article 1, paragraph 1 is amended and will read as follows: + Article 1 ((1) Under the Ministry of Transport is established the Railway Reform Authority, hereinafter referred to as A.R.F., as a public institution, with legal personality, fully financed from the state budget through the budget of the Ministry Transport, with taking over the activities provided in art. 2 2 para. ((1) lit. d) and e) and their respective duties within the own apparatus of the Ministry of Transport. 3. La Article 2 (1), points a) , c) , h) and i) changes and will have the following contents: a) the establishment and follow-up of the implementation of the measures necessary to make the public passenger rail network more efficient on a rail network, as they will result from the network efficiency strategy railway, which will be drawn up in this regard; .............................................................................................. c) the purchase, according to the legal provisions in force, of rolling stock, intended for teaching to operators, under the conditions of art. 7, for the provision of public passenger public transport services on the basis of procedures approved by order of the Minister of Transport, which is based on transparency and efficiency criteria, to ensure a competitive market in the field of public passenger rail transport; .................................................................................................. h) to ensure the allocation of subsidies, within the limits of the funds approved by the state budget, provided for in public service contracts, concluded with public passenger rail transport operators, and liability regarding their allocation; i) the conclusion and management of public service contracts with public passenger rail passenger transport operators; 4. La Article 2 (1), point k) is repealed. 5. La Article 2 (1), by letter k) two new letters, letters k ^ 1) and k ^ 2 are inserted, with the following contents: k ^ 1) establishing the criteria for the efficient use of available railway infrastructure capacities, according to existing socio-economic needs; k ^ 2) endorsement of the substantiation of additional calls by operators that have concluded public passenger rail service contracts, according to socioeconomic needs during the period of validity of the graph of circulation; 6. La Article 2, paragraph 5 is amended and will read as follows: ((5) Companies/Public institutions that are in coordination and/or under the authority/subordination of the Ministry of Transport in the field of rail transport, as well as public passenger rail transport operators have the obligation to put to the provision of the data and information necessary to substantiate the decisions according to the object of activity of the A.R.F., under the law. 7. La Article 3 (1), points c) and d) changes and will have the following contents: c) the purchase of rolling stock necessary to carry out public passenger rail transport, under the law; d) other expenses related to rolling stock until the date of surrender to public passenger rail passenger transport operators under the conditions of art. 3 3 para. ((1) lit. c). 8. La Article 4, after paragraph 3 a new paragraph (4) is inserted, with the following contents: ((4) A.R.F. can propose to the Ministry of Transport normative acts specific to its activity. 9. Article 5 is amended and will read as follows: + Article 5 ((1) Decisions on railway reform to carry out the categories of activities provided for in art. 2 2 para. ((1) lit. a), b), d), e) and f) are based only on the basis of specialized studies, carried out through the specialized structures within A.R.F., which are subject to public debate. ((2) For the implementation of railway reform measures referring to inefficient rail transport sectors, the President of A.R.F. issues decisions, with the prior opinion of the Minister of Transport, which is published in the Official Gazette of Romania, Part I. ((3) The railway reform measures that refer to rail transport sectors proposed for conservation are approved by Government decision, at the proposal of the Ministry of Transport. ((4) Before the adoption of the railway reform measures provided for in par. ((3), if from the specialized studies carried out for the efficient administration of the rail transport network it follows that there is the prospect of a potential for further use of the railway sectors for infrastructure development rail, the railway infrastructure manager will apply the efficiency measures provided in par. ((2). Conservation expenses shall be borne by the railway infrastructure manager's own income and/or from funds allocated from the state budget. 10. La Article 6 (1) and ((2) changes and will have the following contents: + Article 6 ((1) Subsidies allocated annually from the state budget, under the law, to public passenger rail transport operators, representing the compensation related to the minimum package of services, as well as the travel facilities granted from the state budget, according to the legislation in force, the various social categories using public passenger rail transport shall be ensured from the budget of the A.R.F., within the limits of the amounts allocated with this ((2) Within 90 days from the date of entry into force of the Government decision provided for in art. 8 8 para. (1), A.R.F. takes over on the basis of delivery protocol-receipt from the Ministry of Transport the service contracts and the additional documents valid and subrogue in the rights and obligations of the Ministry of Transport resulting from them. 11. La Article 6, after paragraph 3 a new paragraph (3 ^ 1) is inserted, with the following contents: ((3 ^ 1) In order to ensure the continuity of the public interest service of passenger rail transport, if the annual additional acts to the contracts referred to in par. (2) is approved after the beginning of the budget year, the public passenger rail transport operators receive monthly compensation within the limit of 1/12 of the annual budgetary provisions approved with this destination, for the performance of the public service of rail passenger transport. After the approval of the annual additional documents, the regularization of the amounts granted is made according to the provisions of the additional documents concluded and the methodological norms regarding the calculation, highlighting and granting of public service compensation, approved by order Minister of Transport 12. La Article 6 (5) is amended and will read as follows: ((5) The mechanism for establishing public service compensation for public passenger rail transport is based on the criteria for the sizing of the minimum package of services, traffic routes, categories and number of trains that compose the minimum package of services, as well as the cost standards, so that the allocations from the state budget will be in line with the regulations of the European Union. 13. Article 7 is amended and will read as follows: + Article 7 ((1) The rolling stock for public passenger rail transport is purchased according to the legal provisions in force, within the limit of the budgetary appropriations approved annually with this destination by the budget of A.R.F. ((2) The rolling stock is handed over, under the law, to public passenger rail passenger transport operators by addendum to public passenger rail public transport service contracts, based on the transparency criteria and indicators. efficiency established by decision of the President A.R.F., with the opinion of the Competition Council. ((3) The rolling stock purchased and handed over by A.R.F. under this emergency ordinance shall be used on the routes established by public passenger rail transport service contracts. ((4) Public service compensation for the public passenger rail transport benefiting railway operators which conclude public service contracts for public passenger rail transport shall be paid by the A.R.F. only after they prove the fulfilment of the obligations arising from the additional acts drawn up under par. ((2), as appropriate. ((5) Within 60 days from the date of completion of the procurement procedure of the rolling stock provided in par. (1), A.R.F. details the teaching procedure by methodological norms approved by Government decision. 14. Article 8 is amended and will read as follows: + Article 8 ((1) The organizational structure and the maximum number of posts of A.R.F. are approved by Government decision. ((2) The regulation of organization and functioning of the A.R.F. and the Rules of Inner Order is approved by decision of the President A.R.F. ((3) A.R.F. takes over the related staff for a part of the activities provided in art. 2, and its classification will be made within the deadlines and in compliance with the legal procedures applicable to each category of personnel and will modify accordingly the organization and functioning of the Ministry of Transport. Within the maximum number of posts approved, the necessary staff will be classified according to the legislation in force. ((4) A.R.F. takes over, through the protocol of delivery-receipt concluded within a maximum of 60 days from the date of entry into force of the Government decision provided in par. ((1), the estate, established on the basis of financial statements prepared according to art. 28 28 para. ((1 ^ 1) of the Accounting Law no. 82/1991 82/1991, republished , with subsequent amendments and completions, and the remaining unused budget credits related to the corresponding activities, under the law. ((5) The A.R.F. staff consists of dignitaries, civil servants and contract staff. ((6) The salary of the staff employed by A.R.F. is made according to the legislation in force. ((7) The staff of A.R.F. involved in the management of non-reimbursable external funds, benefiting A.R.F. as beneficiary, benefit from the increase of the basic salary under the conditions art. 34 34 of the Framework Law no. 284/2010 on the unitary pay of the staff paid from public funds, with subsequent amendments and completions. ((8) The A.R.F. employees with an individual employment contract for indefinite duration benefit annually from travel authorizations for work and for personal interest on the Romanian railways, free of charge, under the conditions art. 1 of Government Ordinance no. 112/1999 on free travel for work and for personal interest on the Romanian railways, republished, as amended. The family members of the A.R.F. employees benefit annually from 3 round trips or 6 simple trips on the Romanian railways, free of charge. 15. La Article 11, paragraph 1 is amended and will read as follows: + Article 11 ((1) Until the date of insurance through the A.R.F. budget of the subsidies allocated annually from the state budget, under the law, to the public passenger rail transport operators, representing the compensation related to the minimum package of services, as well as the travel facilities granted from the state budget, according to the legislation in force, to various social categories using public passenger rail transport, payments for subsidies and travel facilities shall be ensured from the budget the main authorising officer of the Ministry of Transport, within the limits budget approved with this destination. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished .
CHAMBER OF DEPUTIES PRESIDENT
NICOLAE-LIVIU DRAGNEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, April 10, 2017. No. 53. -----