Advanced Search

Law No. 54 Of 10 April 2017Pentru The Amendment Of Ordinance No. 28/2008 Concerning Agricultural Register

Original Language Title: LEGE nr. 54 din 10 aprilie 2017pentru modificarea şi completarea Ordonanţei Guvernului nr. 28/2008 privind registrul agricol

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 54 54 of 10 April 2017 to amend and supplement Government Ordinance no. 28/2008 on agricultural register
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 253 253 of 12 April 2017



The Romanian Parliament adopts this law + Article I Government Ordinance no. 28/2008 on the agricultural register, published in the Official Gazette of Romania, Part I, no. 628 of 29 August 2008, approved with amendments and additions by Law no. 98/2009 98/2009, as amended, amend and supplement as follows: 1. La Article 1, paragraph 1 is amended and will read as follows: + Article 1 ((1) In order to ensure unitary evidence of the categories of land use, agricultural means of production and livestock that contribute to the development of agriculture and the good use of local resources, the authorities of the local public administration of communes, cities and municipalities organize the preparation and keeping up to date of the agricultural register. 2. La Article 1, after paragraph 1 a new paragraph (1 ^ 1) is inserted, with the following contents: ((1 ^ 1) The National Agricultural Register (RAN) represents the centralized computer system that manages the electronic content of agricultural registers at the level of administrative-territorial units, being implemented, developed and managed by National Cadastre and Real Estate Advertising Agency. 3. La Article 1, after paragraph 3 four new paragraphs are inserted, paragraphs 4 to 7, with the following contents: ((4) The forms of the agricultural register are approved by Government decision. ((5) The agricultural register shall be drawn up in electronic format, on each locality component of the administrative-territorial unit, with the obligation to interconnect with the National Agricultural Register (RAN), in order to report unitary to the interested institutions of the data managed by it. In the case of administrative-territorial units where the agricultural register has not been managed in electronic format, it can be drawn up on paper. ((6) The local council, on the proposal of the mayor, approves by decision the preparation of the agricultural register, on paper or in electronic format, according to the administrative capacity available to it. ((7) As from 1 January 2018, the agricultural register shall be drawn up and kept up to date in electronic form. 4. La Article 3 (1), points b) , d) and g) changes and will have the following contents: b) the land they own in the property or in use by category of use and destination of the land, intravilan/extravilan, areas cultivated with the main crops and the number of trees, by species; ................................................................................................. d) existing buildings at the beginning of the year; .................................................................................................. g) any other equipment, machinery and plants/aggregates for agriculture and forestry. 5. La Article 3 (2) , ((4) and ((5) changes and will have the following contents: ((2) Each building located in the localities is identified, according to the street nomenclature, by its address, individualized by street name and administrative number, assigned by the local public administration authorities and, where applicable, by cadastral number. .................................................................................................. ((4) Each property located in the extravilan of the localities, both in the case of buildings and in the case of land, with or without construction, is identified by the name of the plot, the topographic number of the plot/tarlalei/solei or by the name of the place, according to the topony/name specific to that area, as it is known to the locals. ((5) The land, with or without construction, located in the intravilan of the localities or in the extravilan, which are entered in the land register, shall be entered in the agricultural register, identifying by the cadastral or topographic number and the land book number, after case, according to Law of cadastre and real estate advertising no. 7/1996 , republished, with subsequent amendments and completions. 6. La Article 4, point c) is amended and will read as follows: c) livestock, species and categories, and bee families at the beginning of each year and the annual evolution of these herds. 7. La Article 6 (2) is amended and will read as follows: ((2) The agricultural register on paper, having the character of an official document that constitutes an important source of information, will be numbered, initialled and sealed, the tabs requiring to be sewn to avoid their detachment, as a result of use lengthy of the agricultural register, as well as registered in the entry-exit register at the level of the executive authority of the respective local public administration. The information contained in the database of the agricultural register managed in electronic format is official information and is subject to legal regulations on the security, integrity and functionality of computer systems. The documents issued on paper based on the information existing in the electronic database on the agricultural register shall be subject to the same legal provisions as if the agricultural register is managed only on paper. 8. La Article 6, after paragraph 3 a new paragraph (3 ^ 1) is inserted, with the following contents: ((3 ^ 1) The national agricultural register (RAN) has the graphical support based on data from the national spatial information infrastructure. 9. La Article 6 (6), by letter b) Insert a new letter, letter b ^ 1), with the following contents: b ^ 1) the database for the issuance of supporting documents on the use of land areas and the record of livestock and bee families, in order to request payments under schemes and support measures for farmers-direct payments, transitional national agricultural and zootechnical aid, including in the beekeeping sector, support for rural development, market measures, and other forms of support financed by European funds and from the budget national; 10. La Article 6 (6), point c) is amended and will read as follows: c) the administrative data source for the statistical information system, for the preparation and organization of censuses, for the organization of a system of survey surveys, for the updating of the Statistical Register of agricultural holdings and others Like. 11. La Article 7, paragraph 2 is amended and will read as follows: ((2) Ministry of Agriculture and Rural Development, Ministry of Internal Affairs, Ministry of Regional Development, Public Administration and European Funds, Ministry of Public Finance, National Institute of Statistics, National Cadastre Agency and Real Estate Advertising and the National Veterinary Health and Food Safety Authority ensure, through joint actions, the elaboration of normative acts for the guidance and control of works on the preparation and maintenance of the register agricultural. Also, at the request of the prefect's institution, they can participate in the joint actions of guidance and control on the preparation and keeping up to date of the agricultural register persons designated by the management of these public institutions. 12. La Article 8 (1) is amended and will read as follows: + Article 8 ((1) The registration of the data in the agricultural register in whose administrative-territorial area the head of the household is domiciled is based on the declaration given on his own responsibility or on the basis of documents, by the head of the household or, in his absence, by another major member of the household who has full capacity for exercise. For legal entities the data is entered in the agricultural register on the basis of the statements given by the respective legal representative, accompanied by 13. La Article 9 (1) and ((2) changes and will have the following contents: + Article 9 ((1) The registration of the data in the agricultural register is made at communes, cities, municipalities and sectors of Bucharest by the persons to whom it returns, through the provision of the respective mayor, the obligation to complete, the young people up to date of the agricultural register both on paper and in electronic form, as well as the centralization and transmission of data to the National Agricultural Register (RAN). ((2) The secretary of the commune, the city, the municipality and the sector of the city of Bucharest, as the case may be, coordinates, checks and responds to the way of completing and young up to date of the agricultural register and the transmission of data to the National Agricultural Register 14. La Article 10 (1) and ((4) changes and will have the following contents: + Article 10 ((1) The data written in the agricultural register on livestock shall be agreed with the veterinary records. Veterinarians of free practice empowered to carry out some public veterinary activities and representatives of the National Agency for Animal Husbandry "Prof. Dr. G. K. Constantinescu" have the obligation to make available to mayors of information on livestock held by natural or legal persons. .................................................................................................. ((4) After the interconnection of the National Agricultural Register (RAN) with the integrated cadastre and land registry system, the provision of data to the administrative-territorial units is carried out through the care of the National Agency for Cadastre and Real Estate Advertising. 15. Article 11 is amended and will read as follows: + Article 11 ((1) The time limits for natural and legal persons to declare the dates for registration in the agricultural register are as follows: a) between January 5 and the last working day of February, for annual data on household members, land in property/use, buildings and means of transport with animal and mechanical traction, machinery, machinery and plants for agriculture and forestry, livestock existing in the household/unit with legal personality at the beginning of each year, as well as changes during the previous year in livestock which they hold, as a result of the sale-purchase, of the products obtained, of the death or of the slaughter animals or other entrants; b) between 1 and the last working day of May, for data on the category of land use, cultivated areas, number of trees in that agricultural year; c) natural and legal persons have the obligation to declare data, in order to be entered in the agricultural register, and outside the deadlines provided for in lett. a) and b), within 30 days of the occurrence of any modification. ((2) If the natural or legal persons do not make the statements within the deadlines provided in par. ((1), it is considered that no changes have occurred, for which in the agricultural register the data of the previous year shall be carried over ex officio, with the mention "report ex officio" under the heading "signature of the declarant". ((3) Models of declarations regarding the registration/modification of data in the agricultural register, as well as of the finding notes prepared by the persons referred to in 9 9 para. (1), on the occasion of the checks on the actual situation, shall be established by the technical rules on how to supplement the agricultural register. ((4) Both in the case of buildings and land, if differences are found between the areas listed in the property documents and the actual situation resulting from the measurements executed under the conditions Law no. 7/1996 , republished, with subsequent amendments and completions, in the agricultural registers are inscribed the surfaces that correspond to reality, proven by technical cadastre works. ((5) If, in an act of ownership, a land has a registered category of use other than the actual situation, the agricultural register shall register the category of use corresponding to the reality, on the basis of the declaration submitted by the person who has this obligation, according to this ordinance. Similarly it is done if, in an act of ownership, a land is recorded as listed in the intravilan/extravilan, and it, according to the general urban plans or zoning urban plans, is located in extravilan/intravilan. ((6) If a building is in an advanced state of degradation as a result of a natural disaster, the removal from the agricultural register is made on the basis of the abolition authorization, issued according to the law. 16. Article 12 is amended and will read as follows: + Article 12 The centralization of data on the commune, city, municipality and sector of Bucharest will be made in the following periods: a) until 15 April, for livestock data in households/units with legal personality at the beginning of each year and the evolution of livestock over the previous year, the animal production obtained by households/units with legal personality for the previous year, as well as for data on new buildings and those on which works have been carried out concerning the modification of local tax obligations, land, means of transport, equipment, machinery and Plants/aggregates for agriculture and forestry; b) until 30 June, for the data on the land use category, the cultivated areas and the number of trees for the agricultural year. 17. La Article 13 (1) and ((2) changes and will have the following contents: + Article 13 ((1) In the period of enrolment of the data in the agricultural register information is collected by survey from households and units with legal personality regarding plant, animal production, as well as on beekeeping production. ((2) The methodology of the survey is regulated by the technical rules on how to complete the agricultural register. 18. Article 15 is amended and will read as follows: + Article 15 The obligations regarding the agricultural register shall be brought to the attention of individuals, as well as legal entities, through the care of the secretary of the commune, the city, the municipality and the sector of Bucharest, as the case may be: a) by publishing on the website of the administrative-territorial unit/subdivision; b) by individual notices, where this method is determined by decision of the deliberative authority, at the initiative of the executive authority. 19. La Article 16, paragraph 1 is amended and will read as follows: + Article 16 ((1) The data centralized on communes, cities, municipalities and sectors of the city of Bucharest are communicated by the secretaries of communes, cities, municipalities and sectors of the city of Bucharest and are sent, as the case may be, both the territorial directions of statistics, as well as to the departments for county agriculture and the city of Bucharest, in electronic format, at the deadlines provided in the technical norms on the way of completing the agricultural register. 20. Article 17 is amended and will read as follows: + Article 17 The territorial directions of statistics, in collaboration with the directions for county agriculture and the city of Bucharest verify and centralize by county and, respectively, the Bucharest municipality, the data received and transmit them to the National Institute of Statistics, prefect's institution and Ministry of Agriculture and Rural Development, at the deadlines set in the statistical information system. 21. La Article 18, after first paragraph , a new paragraph (2) is inserted, with the following contents: ((2) The registration of the elements of identification of individuals is made by questioning the database provided in art. 6 6 para. ((7). 22. Article 20 is amended and will read as follows: + Article 20 ((1) It constitutes contravention and is sanctioned with a fine of 100 lei to 500 lei, in the case of individuals, respectively with a fine of 300 lei to 1,500 lei, in the case of legal entities, the following facts: a) refusing to present to the mayor or persons empowered by him the necessary documents and records in order to verify the reality of the data; b) the refusal to ensure the access of persons empowered by the mayor to find the real situation on the spot, in order to verify the consistency between this and the data in the agricultural register; c) non-declaration, within the time limits and in the form established by this ordinance or by the technical rules provided for in 7 7 para. ((3), as the case may be, of the data subject to the agricultural register; d) refusal to present the mayor with the information, according to art. 10 10 para. ((1). ((2) It constitutes contravention and is sanctioned with a fine of 50 lei to 250 lei the following facts: a) non-performance by the staff in the specialized apparatus of the mayor with attributions in the field of obligations arising from this ordinance; b) the non-prosecution by the secretary of the commune, the city, the municipality and the sector of the city of Bucharest, as the case may be, how they perform their duties the agricultural register, both on paper and in electronic form, as well as the centralization of the data from the agricultural register or its storage; c) non-realization by the secretary of the commune, the city, the municipality and the sector of the city of Bucharest, as the case may be, 15. ((3) The finding of contraventions and application of sanctions shall be made by: a) the mayor or persons empowered by him, for the contraventions provided in par. ((1); b) prefect or persons empowered by the prefect, in the case of the staff of the specialized apparatus of the mayor with attributions in the field of completion of the 23. Article 24 is repealed. + Article II Within 90 days from the date of entry into force of this Law, by joint order of the heads of public institutions provided for in art. 7 7 para. (2) of Government Ordinance no. 28/2008 on the agricultural register, approved with amendments and additions by Law no. 98/2009 , as amended, as amended and supplemented by this Law, the technical rules on how to supplement the agricultural register are approved, when the Association of Communes of Romania is consulted, Association of Cities in Romania and Association of Municipalities in Romania. + Article III The following expressions and names shall be replaced by the following: in the whole of the normative acts in force, relating to the agricultural register: a) " buildings intended for housing and construction-Annexes 'shall be replaced by' existing buildings at the beginning of the year within the locality '; b) "" any plants for agriculture and forestry 'shall be replaced by' any other equipment, machinery and plant aggregates for agriculture and forestry '. + Article IV Government Ordinance no. 28/2008 on the agricultural register, published in the Official Gazette of Romania, Part I, no. 628 of 29 August 2008, approved with amendments and additions by Law no. 98/2009 , as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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. 54. -----