Advanced Search

Law No. 133 Of 31 May 2017Pentru Amending And Completing Law No. Land Improvements 138/2004 And Modification And Completion Of The Emergency Ordinance Of Government No. 82/2011 Measures Of Organisation Of Activity Of Improvements

Original Language Title: LEGE nr. 133 din 31 mai 2017pentru modificarea şi completarea Legii îmbunătăţirilor funciare nr. 138/2004 şi pentru modificarea şi completarea Ordonanţei de urgenţă a Guvernului nr. 82/2011 privind unele măsuri de organizare a activităţii de îmbunătăţiri

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 133 133 of 31 May 2017 to amend and supplement Land improvements law no. 138/2004 and for the modification and completion Government Emergency Ordinance no. 82/2011 on some measures to organise the work of land improvements
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 421 421 of 7 June 2017



The Romanian Parliament adopts this law + Article I Land Improvement Law no. 138/2004 138/2004, republished in the Official Gazette of Romania, Part I, no. 88 of 13 February 2009, as amended and supplemented, shall be amended and supplemented as follows: 1. La Article 6, after paragraph 3 a new paragraph (4) is inserted, with the following contents: ((4) Land improvement organizations, hereinafter referred to as organizations, and federations of land improvement organizations, hereinafter referred to as federations, grant 100% public grant funding for the project projects. investments declared eligible under the National Rural Development Program 2014-2020 or other public funds, have quality of contracting authority. 2. La Article 24, point a) is amended and will read as follows: a) the conclusion of contracts with the Agency, in order to ensure an optimal level of water for irrigation at the pressure stations and other delivery points for which the operation is requested; 3. La Article 24, by letter a) two new letters are inserted, letters a ^ 1) and a ^ 2), with the following contents: a ^ 1) the federations that have the land improvement infrastructure in use free of charge conclude with the Agency contracts to ensure an optimal level of water for irrigation. The expenses, with the exception of the cost of water and the cost of electricity for pumping irrigation water into the main adduction, will be borne by the federations; a ^ 2) in the case of the federations provided in a ^ 1), subscriptions for use/exploitation of water resources and sales contracts of electricity concluded with other irrigation service providers are terminated and the Agency will conclude contracts for water and energy resources. electricity with the service providers concerned; 4. Article 27 is amended and will read as follows: + Article 27 ((1) The secondary irrigation infrastructure, including the related land, belonging to the private domain of the state, under the administration of the Agency, located on the territory of an organization, shall be transmitted, upon request, to the organizations, by decision of Government, with the following conditions: a) failure to meet the activity object of the land improvement organization provided for in the statute; b) failure to ensure the integrity of the assets taken from the Agency c) non-completion of rehabilitation works according to the commitments made at the time of the organization; d) non-compliance with the provisions of the infrastructure transfer protocol from the Agency to the land improvement organisation; e) entry into the state of insolvency. ((2) Secondary irrigation infrastructure, including the related land, belonging to the private domain of the State, in the management of companies, regulated companies Company law no. 31/1990 31/1990, republished , with subsequent amendments and completions, agricultural research and production institutes, agricultural and forestry educational establishments, as well as other public institutions, located on the territory of an organization, shall be transmitted, upon request, to property of that organization, under the terms of the resolutions provided in par. ((1). ((3) The land improvement infrastructure, including the related land, belonging to the private domain of the administrative-territorial units, can be transmitted, on request, to the property of organizations or federations by decision of the local council, the county council or the General Council of Bucharest, under the conditions of the resolutions provided in par. ((1). ((4) The commissioning of the irrigation infrastructure in the private domain of the state subject to on-demand transmission, without payment, in the property of an organization is made from funds provided from the Agency's budget or by organizations by own funds or attracted, in compliance with the legal provisions in force. ((5) The transmission of ownership of the land improvement infrastructure owned by natural or legal persons is made in compliance with the legal provisions in force regarding the advertising and registration of the movement of goods immovable. 5. After Article 29 ^ 2 a new article is inserted, Article 29 ^ 3, with the following contents: + Article 29 ^ 3 ((1) Through mandate from the Ministry of Agriculture and Rural Development, the Agency periodically checks, from the moment of transmission of the right of ownership and free use on the land improvement infrastructure, organizations and federations with on compliance with the conditions of the resolution, as well as the obligations established by the takeover-takeover protocol, on the maintenance, operation and use of the land improvement infrastructure, under the conditions laid down by the rules methodological application of the present law. ((2) Organizations and federations that do not maintain, do not exploit and/or do not use land improvement infrastructure under the conditions provided by the methodological norms or destroy the infrastructure received in free use, in the property or not comply with one of the conditions of the resolution provided in art. 27 27 para. (1) shall be withdrawn, at the proposal of the Agency, by Government decision, the right of free use or ownership of infrastructure and land taken over. Organizations and federations are required to hand over the acquired infrastructure to the Agency in the state in which it was taken over, including improvements made later, according to a procedure approved by order of the Minister of Agriculture and Development rural. 6. Article 56 is amended and will read as follows: + Article 56 The Agency shall ensure an optimal level of water for irrigation, at the request of the beneficiaries, under the following conditions: a) on the basis of contracts to ensure an optimal level of water for irrigation at the pressure stations and other delivery points for which the operation, with successive execution, concluded in the long term, hereinafter referred to as multiannual contracts; b) on the basis of contracts to ensure an optimal level of water for irrigation at the pressure stations and other delivery points for which operation is requested, for an irrigation season, hereinafter referred to as seasonal contracts. 7. Article 58 is repealed. 8. Article 60 is amended and will read as follows: + Article 60 The deadline for the conclusion of the multiannual contracts is established by the methodological norms on the calculation and payment of tariffs for land improvement services, approved by order of the Minister of Agriculture and Rural Development. 9. Article 63 is amended and will read as follows: + Article 63 The Agency shall calculate and levy charges for the discharge of water from rice, which includes expenditure on electricity consumed, except for the tariffs for irrigation activity. 10. La Article 65, paragraph 1 is amended and will read as follows: + Article 65 ((1) Any beneficiary who has access to a functional irrigation arrangement under the administration of the Agency may conclude with this multiannual/seasonal contracts, under the law. 11. La Article 66, paragraphs 2 and ((3) changes and will have the following contents: ((2) Expenses related to ensuring an optimal water level for irrigation at the pressure stations and other delivery points where multiannual/seasonal contracts were concluded, namely the cost of water and the cost of electricity for pumping irrigation water, is borne from the Agency's budget, within the limits of the amounts allocated from the budget of the Ministry of Agriculture and Rural Development with this destination. ((3) Water users 'organizations for irrigation and/or federations of water users' organizations for irrigation are required to use water for irrigation provided by the Agency, according to contracts concluded and orders of water. water delivery for irrigation. + Article II Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 694 of 30 September 2011, approved with amendments and additions by Law no. 199/2012 , as amended and supplemented, shall be amended and supplemented as follows: 1. La Article 1, paragraph 4 is amended and will read as follows: ((4) The maximum number of posts of the Agency and territorial branches is 3,026. 2. La Article 5, point d) is amended and will read as follows: d) develop tariffs for land improvement services other than irrigation services; 3. Article 7 is repealed. 4. La Article 11, point a) is amended and will read as follows: a) the rates charged to beneficiaries of land improvement activities other than irrigation; 5. La Article 12, by letter c ^ 2) Insert a new letter, letter c ^ 3), with the following contents: c ^ 3) the expenses related to ensuring an optimal level of water for irrigation at the pressure stations and other delivery points where multi-annual/seasonal contracts have been concluded shall be borne within the limit of the amounts allocated annually from the budget of the Ministry Agriculture and Rural Development with this destination; 6. La Article 13, after paragraph 1 a new paragraph (1 ^ 1) is inserted, with the following contents: ((1 ^ 1) The Chairman of the Governing Board shall be the Director-General 7. La Article 13, paragraph 5 is repealed. 8. Article 17 is repealed. + Article III Within 30 days from the date of acquisition of the legal personality, the organization of new land improvements established on the basis of the provisions Land improvements law no. 138/2004 138/2004, republished , with subsequent amendments and completions, as amended and supplemented by this law, it has the obligation to conclude with the water supplier the multiannual contract for a period of at least 3 years. + Article IV Within 15 days from the entry into force of this Law, the procedure for settlement of expenses incurred by the Agency, according to art. 66 66 para. (2) of the Land Improvement Law no. 138/2004 138/2004, republished , with subsequent amendments and completions, as amended and supplemented by this law, is approved by order of the Minister of Agriculture and Rural Development. + Article V Within 15 days from the date of entry into force of this Law, the multiannual contracts concluded shall be amended and supplemented, as the case may be, according to the provisions Land improvements law no. 138/2004 138/2004, republished , as amended and supplemented, as amended and supplemented by this Law. + Article VI Within 60 days from the date of entry into force of this Law, Methodological rules on the calculation and payment of charges for land improvement services, approved by Minister of Agriculture and Rural Development Order no. 120/2011 , published in the Official Gazette of Romania Part I, no. 542 of 1 August 2011, as amended, shall be amended and supplemented according to the provisions of this Law. + Article VII Land Improvement Law no. 138/2004 138/2004, republished in the Official Gazette of Romania, Part I, no. 88 of February 13, 2009, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, shall 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. (1) of the Romanian Constitution, republished .
p. CHAMBER OF DEPUTIES PRESIDENT,
PETER-GABRIEL VLASE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, 31 May 2017. No. 133. -----