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Law No. 11 Of March 7, 1994

Original Language Title:  LEGE nr. 11 din 7 martie 1994

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LEGE No. 11 of March 7, 1994 on some Government ordinances issued under Law no. 81/1992 on empowering the Government to issue ordinances and authorizing contracting and guaranteeing external credits
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 65 of 14 March 1994



The Romanian Parliament adopts this law + Article 1 The following Government ordinances issued under Law no. 81/1992 on the empowerment of the Government to issue ordinances and authorization of contracting and guaranteeing of external credits: 1. Government Ordinance no. 8 8 of 7 August 1992 for the appointment of the members of the boards and censors of the Private Property Funds, published in the Official Gazette of Romania, Part I, no. 208 of 26 August 1992, with the following amendments: a) The title shall read as follows: "" Ordinance for the temporary appointment of members of the boards and censors of Private Property Funds " b) Article 1 is deleted. c) Article 2 becomes a single article and will have the following content: " UNIQUE ARTICLE-(1) Boards of directors, their members and the censors of Private Property Funds appointed by the Ordinance of 7 August 1992, according to the Annex, will operate temporarily until the appointment of the new boards of directors and censors by the Parliament, under the conditions provided by art. 8 of the Law on privatization of companies no. 58/1991 58/1991. (2) The Government shall submit to the Parliament the proposals for the members of the boards and for the censors of the Private Property Funds no later than 5 days after the publication of this law in the Official Gazette of Romania. " d) The following Annex is inserted: "" ANNEX A. Fund of Private Property I-Banat-Crisana, based in Arad: --Management Board: 1. Aristide Dragomir-engineer 2. Adrian Nitu-engineer 3. Ilie Cenan-economist 4. Mircea Borza-jurist 5 5. Emil Cazan-economist 6. Liviu Lupea-engineer 7. Ioan Florea-economist -Audit Committee: Holders: 1. Pavel Bolean 2. Dionisie Pop Moldovan 3. Martin Neagu Alternates: 1. Gheorghe Corondan 2. Viorel Crisan 3. Bubi Costi. B. Fund of Private Property II-Moldova, based in Bacau: --Management Board: 1 1. Ionel Aichimioaie-engineer 2. Gheorghe Marcu-economist 3. Marian Enache-Lawyer 4. Gheorghe Tanasache-engineer 5. Victor Calapod-economist 6. Cristian Sorin Dumitrescu-economist/jurist 7. Alexandru Matei-engineer. -Audit Committee: Holders: 1. Marcel Radu 2. Virginia Lidia Onofrei 3. Gheorghe Popescu. Alternates: 1 1. Teodor Baruta 2. Monica Husanu 3. Twin Light. C. Fund of Private Property III-Transylvania, based in Brasov: --Management Board: 1. Mihai Fercala-economist 2 2. Florian Firu-economist 3 3. Cornel Rusu-economist 4 4. Cornel Ruse-engineer 5. Vasile Bran-engineer 6. Eugen Dijmarescu-economist 7. Constantin Dan Staicu-engineer. -Audit Committee: Holders: 1. Ion Costache 2. Nicolae Chitu 3. Ottu Bourceanu. Alternates: 1. Dumitru Lungu 2 2. Marilena Holom 3. Ana Poteca. D. Fund of Private Property IV-Muntenia, based in Bucharest: --Management Board: 1 1. Ionel Blaga-economist 2 2. Aurel Dochia-economist 3. Napoleon Pop-economist 4. Dragos Stanescu-economist 5 5. Sorin Coclitu-economist 6. Bujor Bogdan Teodoriu-economist 7. Mihai Iordache-engineer. -Audit Committee: Holders: 1. Virgil Carbunescu 2. Constantin Topciu 3. Ion Tarbujaru. Alternates: 1 1. Gheorghe Vilceanu 2 2. Georgeta Zeicu 3. Nicolae Dobran. E. The Fund of Private Property V-Oltenia, based in Craiova: --Management Board: 1. Liviu Pirvu-economist/engineer 2. Tudor Ciurezu-economist 3. Ilie Teotuous-economist 4. Ion Miala-economist 5. Ion Dogaru-jurist 6. Radu Berceanu-engineer 7. Ion Predescu-economist. -Audit Committee: Holders: 1. Ioan Filipescu 2 2. Marin Toma 3. Mihail Antonescu. Alternates: 1. Vasile Onofrei 2. Stefan Stanciu 3 3. Maria Filip. " 2. Government Ordinance no. 9 9 of 7 August 1992 on the organization of public statistics, published in the Official Gazette of Romania, Part I, no. 207 of 25 August 1992, with the following amendments and additions: a) Article 2 (1) will have the following content: "" ART. 2. -(1) Public statistics in Romania are organized and coordinated by the National Commission for Statistics, specialized body of the central public administration under the Government. " b) Article 3 (2) shall read as follows: " (2) The National Commission for Statistics is authorized by the Government to establish, in accordance with the provisions of this ordinance, the indicators systems, nomenclatures, classifications, methodologies, recording and processing techniques, publication and dissemination of data, so as to ensure full objectivity and reality of research and statistical data. " c) In Article 4, instead of paragraphs 2 and 3 which are deleted, a new paragraph shall be inserted, with the following content: " In order to ensure the objective, transparent and scientific character of the methodologies, indicators, nomenches, classifications and techniques used in the statistical activity, as well as the publication system, the Council of Orientation of the Activity of Statistics, in the following component: -4 representatives of governmental bodies; -4 personalities from specialized higher education or research; -3 representatives of trade union bodies; -3 representatives of the media; -2 representatives of the patronage; -2 representatives of professional associations; -1 representative of consumer protection associations; -1 representative of the National Bank of Romania. The President of the National Commission for Statistics is a member of law d) In Article 4, three new paragraphs are inserted, with the following content: " The members of the Statistical Activity Guidance Council are appointed by the Prime Minister for a period of 2 years, at the proposal of the respective bodies and institutions. Members of the Statistical Activity Guidance Council shall receive a participation allowance at the meeting, with the exception of representatives of the public administration. The National Commission for Statistics is headed by a President with the rank of Secretary of State, aided by a Vice President with the rank of Undersecretary of State. " e) Article 4 (4) will have the following content: " The methodological norms of the Statistical Activity Guidance Council are mandatory for the National Commission for Statistics and its territorial apparatus, for ministries, departments, public services, public administration bodies local, autonomous kings, commercial companies, other state or private economic agents. " f) Article 4 (5) will have the following content: "The tasks of the National Commission for Statistics and the Council for the Guidance of the Activity of Statistics shall be approved by Government Decision." g) Article 7 will have the following content: "" ART. 7. -The annual programme of statistical research shall be endorsed by the Statistical Activity Guidance Council and shall be released after its approval by the Government. " h) Article 19 (1) shall read as follows: "" ART. 19. -(1) Refusal, delay of transmission of statistical data, communication of erroneous or incomplete data, refusal to submit to statistical control bodies the materials and records necessary to verify statistical data, non-application of measures ordered the statistical control bodies constitute contravention and are sanctioned with a fine of 100,000 lei to 500,000 lei. " i) In Article 19, a new paragraph shall be inserted after paragraph 1 with the following content: " (2) Contraventions provided in par. (1) shall be found and the fines shall be applied by the staff of the National Commission for Statistics specifically empowered for it. " With the amendments and completions adopted, the ordinance will be republished in the Official Gazette of Romania. 3. Government Ordinance no. 18 18 of 21 August 1992 on the termination of the activity of the National Commission for Standards, Metrology and Quality, published in the Official Gazette of Romania, Part I, no. 212 212 of 28 August 1992. 4. Government Ordinance no. 19 19 of 21 August 1992 on standardisation activity in Romania, published in the Official Gazette of Romania, Part I, no. 212 of 28 August 1992, with the following amendments: a) Article 27 will have the following content: "" ART. 27. -Failure to comply with the provisions of mandatory standards constitutes contravention if it was not committed in such conditions that, according to the criminal law, it is considered a crime and is sanctioned with a fine of 100,000 lei to 500,000 lei for individuals. " b) Article 29 (1) shall read as follows: "The finding of contravention and the application of the sanction shall be made by the specialized bodies in the field of public administration." 5. Government Ordinance no. 20 20 of 21 August 1992 on the activity of metrology, published in the Official Gazette of Romania, Part I, no. 212 of 28 August 1992, with the following amendments: a) Article 7 (2) will have the following content: " The names, symbols and definitions of legal units and their multiples and submultiples, the rules for their formation and use, the transformation factors in units of the international unit of units (SI) of units of legal measures that are not part of the international system of units (SI) and, where applicable, the areas in which they may be used shall be established by Roman standards. '; b) Article 29 (I) first will have the following content: "" I. From 200,000 lei to 500,000 lei: " c) Article 29 (II) shall read as follows: "" II. From 100.000 lei to 300,000 lei: " d) Article 30 will have the following content: "" ART. 30. -The finding of contraventions and the application of sanctions shall be made by the personnel of the Romanian Bureau of Legal Metrology, empowered for this purpose by the Director General; Legal Metrology will proceed according to art. 214 214 of the Code of Criminal Procedure. " 6. Government Ordinance no. 21 21 of 21 August 1992 on consumer protection, published in the Official Gazette of Romania, Part I, no. 212 of 28 August 1992, with the following amendments and additions: a) In Article 2, after the sentence "For the purposes of this ordinance is understood", a new text is inserted, with the following content: "-quality: all properties and characteristics of a product or service which gives it the ability to satisfy the needs expressed or implied;" b) Article 3 the first sentence will have the following content: "The main rights of consumers are:" c) Article 5 (2) will have the following content: "The production or marketing of falsified or counterfeit products shall be prohibited." d) Article 10 (a) shall read as follows: "a) the freedom to take decisions, the purchase of products and services, without being required in terms of contracts which may favour the use of abusive practices in the sale, of the nature of their choice;" e) Article 20 (2) will have the following content: " The information must be complete, accurate, precise and explicit and include the name of the product, the manufacturer's mark, the quantity, the price, the term of guarantee or of validity and, where applicable, the main technical and qualitative characteristics, the composition, possible additives or ingredients used, any foreseeable risks, contraindications and the use, handling, preservation or storage, and other characteristics of the different product categories; pre-packaged food shall also be mentioned in the nutritional value. f) Article 29 (2) shall read as follows: " The government can establish powers in the field of consumer protection and other specialized bodies of the central public administration and, respectively, for some public services of ministries and other authorities of the administration central public organized in counties and in Bucharest. " g) Article 33 (a) will have the following content: "" a) have at least 3,000 members and subsidiaries in at least 5 counties; " h) Article 33 (b) will have the following content: "" b) are organised as follows: -at local level, it is constituted as an association; -at the county level, it is constituted in the federation of associations coming from at least 5 localities in the county; -at the central level, it is constituted in the confederation; the confederation shall be formed from at least 10 federations which, on the whole, sum up at least 2,000 members of the associations. " i) Article 34 will have the following content: "" ART. 34. -Consumer protection associations which are constituted for the purpose of defending the interests of their members only may become social partners with the right of representation in the advisory bodies with a role in the field of consumer protection and in which public administration bodies are represented, only if they have at least 800 members. " j) Article 38 (a) will have the following content: "" a) to be logistically supported by central and local public administration bodies in order to achieve their objectives; " k) In Article 38, a new letter is inserted, a ^ 1), with the following content: "a ^ 1) to receive subsidies from the state budget through the Consumer Protection Office;" l) Article 38 (c) will have the following content: "c) to require the production of products and services under special conditions, in order to satisfy the needs of disabled or third-age consumers;" m) In Article 38, a new letter is inserted, d ^ 1), with the following content: "d ^ 1) to request and obtain information on the price and qualitative characteristics of products or services, such as to help make a decision on their purchase;" n) In Article 38, two new letters are inserted, g ^ 1) and g ^ 2), with the following content: " g ^ 1) to initiate own actions, in order to identify cases in which economic agents do not respect the rights of consumers provided by law, and to refer, within an emergency procedure, the specialized bodies of the administration public ability to act on consumer protection; g ^ 2) to be able to participate in market surveillance actions, together with public administration bodies empowered to act in the field of consumer protection. " o) Article 55 will have the following content: "" ART. 55. -The provisions of this ordinance are completed with the provisions of Law no 32/1968 on the establishment and sanctioning of contraventions, except those in art. 25-27 of that law, of the Criminal Code and of the Code of Criminal Procedure. " With the amendments and completions adopted, the ordinance will be republished in the Official Gazette of Romania. 7. Government Ordinance no. 27 27 of 26 August 1992 on certain measures for the protection of national cultural heritage, published in the Official Gazette of Romania, Part I, no. 215 of 28 August 1992, with the following amendments: a) Article 1 will have the following content: "" ART. 1. -Until the adoption by law of special regulations on the protection of national cultural heritage, natural or legal persons holding, with any title, movable or immovable cultural goods have the obligation to preserve and preserve them. " b) Article 2 (2) will have the following content: " As regards movable property, until the appearance of the special law, the quality of good belonging to the national cultural heritage can be attested, at the request of the holder, through the expertise by specialists designated for this purpose. For situations of counter-expertise or when there are no specialists at the offices, the appointment of specialists is made by the Commission of Museums and Collections and the Ministry of Culture. " c) Article 5 (1) will have the following content: " The removal from the country of mobile cultural goods, temporarily or definitively, by natural or legal persons, can be done only with the presentation to the customs units of the certificate issued by the local official for the national cultural heritage on the applicant's home radius, in accordance with the provisions established by the norms of the Ministry of Culture and the Commission of Museums and Collections d) In Article 5, a new paragraph is inserted, with the following content: " Until the advent of the special law, it is forbidden to permanently remove from the country mobile cultural goods, belonging to the national cultural heritage, except for the current artistic creation. e) Article 6 (1) shall be deleted. f) Article 7 (2) shall read as follows: "The directorate of monuments, ensembles and historical sites, as the operative organ of the National Commission of Monuments, Assemblies and Historical Sites, exercises its competences in the territory through the specialists designated for this purpose." g) Article 8 is deleted. h) Article 9 will have the following content: "" ART. 9. -It constitutes contraventions the following facts if they are not committed in such conditions that, according to the criminal law, they are considered crimes: a) crossing over the border or attempting to cross over the border without authorization of goods belonging to the national cultural heritage; b) crossing over the border without authorization of mobile cultural goods that do not belong to the national cultural heritage, likely to be part of it. The contravention provided in lett. a) is sanctioned with a fine of 500,000 lei to 1,000,000 lei, and the one from lit. b) is sanctioned with a fine of 100,000 lei to 500,000 lei. " + Article 2 Rejected Government Ordinance no. 25 25 of 24 August 1992 on quality in construction, published in the Official Gazette of Romania, Part I, no. 214 of August 28, 1992, given that it exceeds the sphere of competence of the Government established by Law no. 81/1992 and contains provisions that violate art. 72 72 para. ((3) lit. f) and art. 114 114 para. (1) of the Constitution, following that the matter regulated by this ordinance is the subject of a draft law to be examined as a priority by the Parliament. This law was adopted by the Chamber of Deputies at the meeting of December 20, 1993, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ION RATIU This law was adopted by the Senate at its meeting on February 7, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN