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Law No. 83 Of 30 November 1993 On The State Support Of Agricultural Producers

Original Language Title:  LEGE nr. 83 din 30 noiembrie 1993 privind sprijinul acordat de stat producătorilor agricoli

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LEGE No. 83 of 30 November 1993 on State support to agricultural producers
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 284 of 7 December 1993



The Romanian Parliament adopts this law + Article 1 (1) The state supports agricultural producers through allowances and subsidies for production and investment credits, production and compensation premiums, tax advantages, guarantees for obtaining loans, guarantee of purchase prices the remuneration for agricultural products of national importance, the provision of expert technical assistance and other facilities. (2) The list of agricultural products declared of national importance shall be published by the Government in the Official Gazette of Romania until September 1 of each year. (3) For 1993, the list shall be published within 30 days from the date of publication of the present law in the Official Gazette of Romania. + Article 2 ((1) The allowances for production and investments shall be granted to agricultural producers to: improve the fertility of agricultural land, purchase and maintain in operation of matca, breeding of breeding and semen, production of seeds and propagating material. (2) Agricultural producers within the meaning of this law are the owners and legal owners of animals, of agricultural or forestry land, located in extravilan or in the intravilan of communes, towns and municipalities, regardless of the form of exploitation their. + Article 3 ((1) Allowances intended to improve the fertility of agricultural land shall be granted to agricultural producers in the form of amendments and chemical fertilisers, corresponding to their areas, on the basis of breeding and fertilisation programmes drawn up by specialists skills for this purpose. (2) The quantity of chemical fertilisers, granted in the form of an allowance, represents at least 60 kg of the active substance nitrogen and phosphorus per hectare cultivated with wheat or rye whose production is contracted in production of at least 40% by economic operators State-mandated. (3) For other crops, the level of allocation per hectare in kg of the active substance shall be established, annually, by Government decision. (4) The amendment of acid and alkaline soils shall be borne in full from the budget. + Article 4 (1) Credits for the expansion of privately owned agricultural holdings are granted to agricultural producers, individuals, who own areas of less than 20 hectares of agricultural land in arable equivalent. Credits shall be granted, upon request, on the basis of property deeds. (2) Land belonging to agricultural producers for which they have benefited from the credit for the expansion of privately owned agricultural holdings cannot be disposed of by sale, without the consent of the creditor bank, for 10 years from the date of the granting of credit, under penalty of absolute nullity of the act of alienation + Article 5 ((1) Allowances intended for the purchase of matas and reproducers shall be granted to agricultural producers for valuable animals attested by the animal selection and breeding offices, of the species and breeds established by the Ministry of Agriculture. Agriculture and Food. (. The amount of allowances shall be up to 50% of the selling price equivalent in live for meat animals. (3) Matca and breeding effects, for which agricultural producers have benefited from the allowance provided in par. ((1), may not be disposed of or cut for 4 years for cattle and 2 years for the other species from the date of purchase. ((4) Allowances intended to be kept in operation of herds of cows and buffaloes shall be granted to all agricultural producers and account for 25% of annual maintenance expenditure on animal and species. ((5) The allowance shall be granted to agricultural producers who maintain in operation during a production cycle at least 3 dairy cows or 3 buffaloes. ((6) The allowances for the purchase and maintenance of matas and reproducers shall be granted to agricultural producers on the basis of the sale and purchase documents and the data and documents provided by the agricultural centers, constituencies veterinary and, as the case may be, the breeding and selection offices of animals and the resorts of agricultural research in that area, certified by the mayor. + Article 6 (1) Owners and other legal holders of land for areas that will impure themselves as an anti-erosion measure or aimed at creating protective curtains, established by the bodies in law, benefit, in compensation, from afforestation premiums. (2) The first afforestation shall be granted in proportion to the area, by means of forest fields, owners and other legal land holders who undertake in writing to plant and exploit these areas in forestry, according to the law. + Article 7 (1) The state supports the endowment of agricultural holdings with tractors, agricultural machinery and equipment, breeding and production animals, construction of production, processing and storage facilities, material supply, realization and valorization agricultural production, by granting preferential interest credits or, where appropriate, the granting of guarantees in order to obtain them. (. Agricultural producers shall benefit, through financial or banking institutions, from: a) short-term loans, with an annual interest rate of 60% for the material supply and production of agricultural production; b) medium-term credits, with annual interest subsidized in proportion of 70% for the purchase of equipment, tractors, agricultural machinery and machinery, production and breeding animals; c) long-term loans, with annual interest subsidized 75% and a grace period of one year, in order to carry out investments for the construction of shelters in animal husbandry, production and storage facilities, greenhouses, plantations Fruit trees, introduction and expansion of agricultural areas in private property and irrigation. (3) Commercial banks may grant to agricultural producers loans secured by land which they own in the property. Until the issuance of the property titles, the proof of ownership will be made with the certificate issued by the communal commission established under the Land Fund Law no. 18/1991 18/1991 and the minutes of possession. ((4) The duration of repayment of the credits provided in lett. b) and c), granted to agricultural producers in the mountain and submountain area, can be extended by another 5 years, at the request of the beneficiaries of the credits. (5) The difference between the market interest and the subsidy levels referred to in par. (2) shall be granted from the state budget. + Article 8 ((. The first granted by the State to producers for plant and animal agricultural products of national importance shall relate to: -vegetable and zootechnical products delivered to economic agents mandated by the state at the contracting and acquisition prices guaranteed by the state; -calves obtained from cows and heifers artificially sown or by monta from certified breeding animals; -the special works of the soil-adinca refinement, scarification, leveling. (2) The amount of premiums granted by the State for this purpose shall be determined annually by the Government. + Article 9 (1) Annually, until March 1, based on the evolution of the agricultural products market, the Government will set minimum guaranteed purchase prices for agricultural products of national importance. (2) The guaranteed minimum price represents the value in lei of the average price, recorded in the previous year on the world market, of the respective product. + Article 10 The guaranteed minimum prices are established, under the conditions of this law, for cereals, oilseeds, legumes grains, sugar beet, potatoes, tomatoes for industrialization, seeds, planting material and fresh milk. The government can set guaranteed prices on other agricultural products as well. + Article 11 (1) For vegetable and animal products contracted with special economic agents mandated by the state, agricultural producers shall benefit, on request, from advances of at least 30% of the value of the contracted production, determined on the basis of the minimum price Guaranteed. ((2) The advances shall be granted in money or in raw materials and materials by economic agents specially mandated by the state, under conditions established in agreement with agricultural producers, and shall be guaranteed with agricultural production belonging to them. + Article 12 ((1) Imports for breeding animals, tractors, agricultural machinery, agricultural equipment and the valorisation of agricultural production, insectofungicides, veterinary products, protein feed and feed additives are exempted from payment customs duties. (2) Provisions of para. ((1) shall also apply to external aid in kind granted to agricultural producers. + Article 13 (1) Technical assistance and specialized consultations are granted at the level of each commune, through the specialized staff salarized by the state. (2) The Ministry of Agriculture and Food will ensure the editing and distribution of specialized journals and materials and will organize free courses of training, improvement and attestation of farmers, including maintenance, repair and exploitation of agricultural tractors and machinery, the award of scholarships for young people who attend agricultural vocational schools and other such measures. (3) Through its services, the Ministry of Agriculture and Food provides free of charge to agricultural producers, individuals, projects and model estimates for household and agricultural production, instructions and technologies for the cultivation of plants, animal husbandry and the use of chemicals in agriculture, plant protection, animals and the environment; organizes annual fairs, competitions with prizes, exhibitions, study trips of agricultural producers and the like for the use of holdings private farm. + Article 14 (1) The amounts necessary to cover the amounts of allowances, premiums, subsidies, compensations and for the activities provided in art. 13, which is granted to agricultural producers according to this law, is approved annually by the state budget law, starting January 1, 1994. (2) The amounts referred to in par. (1) shall be granted to agricultural producers through state bodies and other institutions specially mandated by the Government. + Article 15 (1) The amounts related to allowances, premiums, compensations, subsidies and other support measures provided by this law shall be granted to agricultural producers in proportion to the share of the property structure of the land fund of Romania. (2) The Government shall establish, within 60 days from the date of publication of the present law in the Official Gazette of Romania, on the proposal of the Ministry of Finance and the Ministry of Agriculture and Food, the way of identification throughout the banking circuit of the beneficiary ownership structures, rules on how to grant and use, as well as control of allowances, premiums, compensation, subsidies and other support measures provided for by this Law. + Article 16 Violation of the provisions of this law attracts civil, contravention or criminal liability, as appropriate. + Article 17 (1) It constitutes contraventions to the rules on the granting and use of allowances, premiums, subsidies and compensation the following facts, if not committed under such conditions as to be considered, according to the criminal law, crimes: a) the alienation, by the agricultural owners, of the land for which they received loans for the extension of agricultural holdings, before the end of the deadline provided for in art. 4 4 para. ((2); b) failure to provide the premiums provided for in 8 8; c) non-afforestation, as an anti-erosion measure or aimed at creating protective curtains, of the surfaces established by the competent agricultural or forestry bodies; d) non-granting of technical assistance and specialized consultations by state salarized specialized personnel; e) non-making available to agricultural producers, individuals, free of charge, projects and estimates of the model on household and agricultural production, instructions and plant cultivation technologies, application of agricultural products. treatments with chemicals, the growth of their animals. (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) with a fine of 50,000 lei per 100,000 lei, the contraventions provided in par. ((1) lit. b), d) and e); b) with a fine of 100,000 lei to 250,000 lei, the contraventions provided in par. ((1) lit. a) and c). ((3) The fine may also apply to legal persons. + Article 18 The contraventions provided in art. 17 is found and the fine is applied by the personnel empowered by the Minister of Agriculture and Food or the Minister of Water, Forestry and Environmental Protection, as the case may be. + Article 19 Contraventions provided in art. 17 the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, except art. 25 25-27. + Article 20 The following facts are offences: a) the alienation of matca herds or reproducers, in violation of the provisions of art. 5 5 para. (3), which is punishable by imprisonment from 6 months to 3 years; b) nementing with intent in operation, during a production cycle, of the number of animals provided in art. 5 5 para. (5), which is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 21 The use of allowances for purposes other than those for which they were granted, according to art. 3 of the law, constitutes a crime and is punishable by imprisonment from 6 months to 5 years. This law was adopted by the Senate at the meeting of October 6, 1993, in compliance with the provisions of art 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of October 11, 1993, in compliance with the provisions of 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU ------------