Law No. 11 Of March 7, 1994

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

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LAW No. 11 of 7 March 1994 on some of the Government Ordinance issued on the basis of law No. 81/1992 on empowering the Government to issue ordinances and authorization of contracting foreign loans and ISSUING guarantee PARLIAMENT Published in MONITORUL OFICIAL NR. 65 of 14 March 1994, the Romanian Parliament adopts this law.


Article 1 shall approve the following Ordinances of the Government issued pursuant to law. 81/1992 on empowering the Government to issue ordinances and authorization of commitment and guarantee foreign loans: 1. Ordinance No. 8 of 7 august 1992 for appointing members of the Board of Directors and to the auditor of funds of Private property, published in the Official Gazette of Romania, part I, no. 208 of 26 august 1992, with the following modifications: a) the title shall read as follows: "the order for the temporary appointment of members of the Board of Directors and to the auditor of funds of Private property" b) article 1 shall be removed.
  

c) article 2 shall become article and shall read as follows: "UNIQUE ARTICLE-(1) boards, the members of their Private Property Funds and censors appointed by order of 7 august 1992, according to the annex, will work on a temporary basis until the appointment of new boards of Directors and of the Auditor by the Parliament under the conditions laid down in articles 81 and 82. 8 of the Act the privatisation of companies no. 58/91.

(2) the Government shall submit to the Parliament proposals to members of the Board of Directors and the Auditors for the funds of Private property no later than 5 days following publication of this law in the Official Gazette of Romania. "
  

Annex d) Insert the following content: "annex a. Private Property Fund I-Banat-Crisana Arad, based in:-Board of Directors: 1. Aristide Dragomir-engineer 2. A. Naik-engineer 3. Ibrahim Cakir-economist 4. Mircea Borza-lawyer 5. Emil-economist 6. Laing Shyamu engineer 7. Ioan Florea-economist-auditing Commission: Holders: 1. Pavel Bolean 2. Dionysius Palfreyman 3. Alternate: Martin Na 1 George Carpenter 2. Viorel Cassidy 3. Bubi.
B. the Private Property Fund II-Moldova, Bacau-based:-Board of Directors: 1. Idris Aichimioaie-engineer 2. Gheorghe Marcu-economist 3. Echevarria-4 jurist. Gheorghe Sexy engineer 5. Victor Pads-economist 6. Cristian Sorin Dumitrescu-music_swimming_ski_movei_traveling 7. Macri-engineer.
-Auditing Commission: Holders: 1. R 2. Virginia Obidinma 3. Gheorghe Popescu.
Alternates: 1. Teodor Babe 2. Monica Jamil 3. Lam's Twin.
C. Private Property Fund III, headquartered in Brasov:-Board of Directors: 1. Mihai Faerua-economist 2. Florian Fahmy-economist 3. Anika Rahman 4-economist. Carpenter-5 Russian engineer. Vasile Bran-engineer 6. Eugen-economist Thomas 7. Olufemi Saedy-engineer.
-Auditing Commission: Holders: 1. Caser 2. Callender 3. Eny Bah.
Alternates: 1. Das Lambert 2. Winnie Mabaso 3. Ana Path.
D. Private Property Fund IV, headquartered in Bucharest:-Board of Directors: 1. Idris economist-2. Aurel Dochia-economist 3. Napoleon Pop economist 4. Sagadevan-economist 5. Sorin Coclitu-economist 6. Bujor Bogdan Tabata-economist 7. ILIEVSKI-engineer.
-Auditing Commission: Holders: 1. Virgil Ca 2. Carlos Michael 3. Ion Tarbujaru.
Alternates: 1. Gheorghe Valiya 2. Gadgil Zack 3. Nicholas Ebenezer.
E. Private Property Fund V, headquartered at Craiova:-Board of Directors: 1. Lai Paki-economist/senior engineer 2. Economist-talau Cap 3. Ibrahim Tabrizi-economist 4. Ion-economist Arun 5. Ion Dogaru-lawyer 6. Radu Berceanu-engineer 7. Ion Predescu-economist.
-Auditing Commission: Holders: 1. Ioan Filipescu 2. Marin Toma 3. Mikhail.
Alternates: 1. Vaishnav Ober 2. Stephen Safari 3. M. Philip. "
2. Order No. 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) in article 2 (1) shall read as follows: ART. 2.-(1) Romania's public Statistics is organized and coordinated by the National Commission for statistics, specialized body of the central public administration, subordinated to 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 systems of indicators, taxonomies, classification, methodologies, techniques for recording and processing, publication and dissemination of data, so as to ensure full objectivity and reality of research and statistical data."

c) in article 4, in the place of paragraphs (2) and (3) remove, insert a new paragraph as follows: "to ensure objective, transparent character and scientific methodologies, indicators, Nomenclatures, arrangements and techniques used in statistics, and of the Publications Board shall be established for the Activity of statistics, in the following composition:-4 representatives of governmental bodies;
-4 figures in higher education or research;
-3 representatives of Trade-Union bodies;
-3 representatives of the mass media;
-2 representatives of employers;
-2 representatives of professional associations;
-1 representative from the associations for the protection of consumers;
-1 representative of the National Bank of Romania.
President of the National Commission for Statistics is a member of law. "

d) in article 4 shall be inserted three new paragraphs, with the following content: "Board members Orientation of Statistics are appointed by the Prime Minister for a period of 2 years on a proposal from the bodies and institutions concerned.
Board members Orientation of Statistics shall receive an allowance for the participation at the meeting, with the exception of the representatives of the public administration.
National Commission for statistics is led by a President with the rank of Secretary of State, assisted by a Vice President with the rank of Undersecretary of State. "

e) article 4 shall read as follows: "the methodological norms of Council orientation of Statistics are required for National Commission for Statistics and territorial device or, for ministries, departments, public services, local public administration bodies, 1900, commercial companies, other businesses or private state."

f Article 4 paragraph 5) shall read as follows: "the powers of the National Commission for Statistics and Guidance Council of Statistics shall be approved by decision of the Government."

g) article 7 shall read as follows: ART. 7.-annual programme of statistical surveys by the endorsed guidance activity Statistics and give publicity, after approval by the Government. "

h) article 19 (1) shall read as follows: ART. 19.-(1) Refusing, under data transmission communication of statistical data, inaccurate, or incomplete, the refusal to present statistical materials control bodies and evidence necessary for the verification of statistical, non-application of the measures provided for in the statistical control bodies constitutes contravention and shall be sanctioned with a fine of 100,000 to 500,000 lei lei. "

I) in article 19, shall be inserted after paragraph 1, a new paragraph, as follows: "(2) the Offences referred to in paragraph 1. (1) to establish and apply fines by the staff of the National Commission for Statistics specifically empowered to do so. "
With the amendments and additions adopted Ordinance will be republished in the Official Gazette of Romania.
3. Ordinance No. 18 of 21 august 1992 concerning the termination of the National Commission for standards, metrology and quality and published in the Official Gazette of Romania, part I, no. 212 of 28 august 1992.
4. Order No. 19 of 21 august 1992 on standardisation work in Romania, published in the Official Gazette of Romania, part I, no. 212 of 28 august 1992, with the following modifications: a) in article 27, shall read as follows: ART. 27.-violation of mandatory standards if they do not constitute irregularity was committed in such circumstances that, according to the criminal law, be considered as offence and is sanctioned with a fine of 100,000 to 500,000 lei lei to individuals. "

b) article 29 1 shall read as follows: "a determination of the contravention and the application of the penalty shall be made by the specialized bodies of the public administration."
5. Order No. 20 of 21 august 1992 concerning the work of metrology, as published in the Official Gazette of Romania, part I, no. 212 of 28 august 1992, with the following modifications: a) article 2 shall read as follows: "the names, symbols and units of measure definitions and their multiples and sub-multiples of the rules and their use, transformation in the units of the international system of units () units of measure conferring on are not part of the international system of units (and) and where appropriate, the areas in which they may be used shall be determined by Romanian standards. "

b) article 29 the point I first turn will be as follows: i. from 200,000 lei to 500,000 lei: "


c) article 29 (II) first turn will be as follows: ". From 100,000 to 300,000 lei lei: "d) article 30 shall read as follows: ART. 30.-Finding contraventions and penalties are carried out by staff of the Bureau of legal metrology, empowered for that purpose by the Director general; in the event of the detection of some offenses, law enforcement Bureau of legal metrology will proceed according to art. 214 of the code of criminal procedure. "
6. Order No. 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 shall be interpreted to mean", insert a new text with the following content: "quality: the totality of the properties and characteristics of a product or service that gives it its ability to meet the needs expressed or implied;"

(b) the first sentence of article 3) shall read as follows: "the main rights of the consumers are: ' c) in article 5 2 shall read as follows:" it is prohibited to manufacture or marketing of forged or counterfeited. "

d) article 10 a) shall read as follows: "to) the freedom to make decisions, to the purchase of products and services, without suffering any clauses in contracts may encourage the use of abusive practices in retail, the nature of the influence of their option;"

e) article 20(2) shall read as follows: "information should be complete, accurate, precise and explicit and include the product name, trademark manufacturer, quantity, price, warranty or term of validity and, where appropriate, technical and qualitative characteristics, composition, any additives or ingredients used, any foreseeable hazards, contraindications, and directions for use, handling, storage or conservation as well as other characteristics of the different categories of products; the prepackaged foods and nutritive value is mentioned. "

f) article 2 shall read as follows: "the Government may determine the duties in the area of consumer protection and for other specialized bodies of central public administration and public services for some of the ministries and other central public administration authorities organized into counties and in Bucharest."

Article 33 g)) (a) shall read as follows: ' a) have at least 3,000 members and branches in at least five counties; "

h) Article 33 (b)) shall read as follows: "(b)) are organized as follows:-locally, is constituted as an association;
-at the County, are the Federation of associations coming from at least five towns in the County;
-at central level, shall be set up in the Confederacy; the Confederation is formed from at least 10 federations which, on the whole, totaling at least 2,000 members of the associations. "

I) Article 34 shall read as follows: ART. 34.-consumer protection Associations that are set up for the purpose only of the interests of their members can become partners with the right of representation in the advisory bodies with a role in the area of consumer protection and public administration bodies are represented, only if they have at least 800 members. "

Article 38 j)) (a) shall read as follows: ") to be supported logistically by the bodies of Central and local public administration, in order to achieve their goals;"

k) in article 38 shall be inserted a new letter, to ^ 1), with the following content: "a ^ 1) to receive grants from the State budget through the Office for the protection of consumers;"

l) Article 38 c) shall read as follows: "(c)) to require the production of goods and services in special conditions to meet consumer needs or handicapped elderly;"

m) in article 38 shall be inserted a new letter, d ^ 1), with the following content: "d ^ 1) to request and obtain information on the price and the qualitative characteristics of products or services, the nature of aid in making a decision on the acquisition thereof;"

n) in article 38 shall be introduced two new letters, g and g ^ 1 ^ 2)), with the following content: "g ^ 1) to initiate its own actions, in order to identify cases in which the economic agents do not respect consumer rights provided by law, and to seize, in urgent proceedings, specialized bodies of the public administration's ability to act in the field of consumer protection;
g ^ 2) to participate in actions of market surveillance, together with public authorities empowered to act in the area of consumer protection. "

o) Article 55 shall read as follows: ART. 55.-the provisions of this Ordinance shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning of offences, except those in art. 25-27 of that Act, of the criminal code and the code of criminal procedure. "
With the amendments and additions adopted Ordinance will be republished in the Official Gazette of Romania.
7. Order No. 27 of 26 august 1992 concerning certain measures for the protection of national cultural heritage, was published in the Official Gazette of Romania, part I, no. 215 of 28 august 1992, with the following modifications: a) Article 1 shall read as follows: ART. 1. Pending the adoption by law of special regulations concerning the protection of the national cultural heritage, natural or legal persons holding, on any basis, of cultural property movable or immovable property shall be required to maintain and preserve. "

(b) Article 2 (2)) shall read as follows: "in respect of movable property, until the advent of special law, good quality national cultural heritage can be certified at the request of the holder, through the expertise of the experts appointed for this purpose. For contraexpertiza situations or when there are no specialists at specialists offices, appointment is made by the museums and Collections and the Ministry of culture. "

c) article 5(1) shall read as follows: "removal from the land of mobile cultural property, either temporarily or permanently, by natural or legal persons, can only be made with submission to customs units of permits issued by local official for national cultural heritage on the home range of the applicant, in accordance with the provisions laid down in the Commission's rules the Ministry of culture and museums and Collections."

d) article 5 a new paragraph shall be inserted, with the following content: "until the advent of special law, you are prohibited from removing the final country of cultural property movable cultural heritage, with the exception of current artistic creation."

e) To article 6 1 shall remove the letter c).
  

f) article 7 2 shall read as follows: "the direction of monuments, ensembles and sites, as a body of the National Commission of monuments, Ensembles and Sites of historical, exercising competences in the field by experts appointed for this purpose."

g) article 8 shall be removed.
  

h) Article 9 shall read as follows: ART. 9. the following acts Constitute offences-if they are not committed in such circumstances that, according to the criminal law, be considered offences: (a) border crossing) or attempting without authorization over the border crossings of goods belonging to the national cultural heritage;
  

border crossing b) without authorization of mobile cultural property not belonging to the national cultural heritage, likely to be part of it.
  

Irregularity referred the fine shall be imposed) from 500,000 to 1,000,000 lei lei, while the rosé wines. (b)) shall be imposed with a fine of 100,000 to 500,000 lei lei. "


Article 2 shall be rejected the Government Ordinance. 25 of 24 august 1992 concerning construction quality, as published in the Official Gazette of Romania, part I, no. 214 of 28 august 1992, taking into account that exceeds the scope of the competence of the Government established by law No. 81/1992 and contains provisions that violate article 3. 72 para. (3) (a). f) and art. 114 para. (1) of the Constitution, as matter governed by this Ordinance to be subject to a draft law to be reviewed on a priority basis.
This law was adopted by the Chamber of deputies at its meeting of 20 December 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES CHAIRMAN ION RATIU this law was adopted by the Senate at its meeting on 7 February 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN