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Law No. 41 Of 17 June 1994 Concerning The Organization And Functioning Of The Romanian Radio And The Romanian Television Society

Original Language Title:  LEGE nr. 41 din 17 iunie 1994 privind organizarea şi funcţionarea Societăţii Române de Radiodifuziune şi Societăţii Române de Televiziune

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LEGE no. 41 41 of 17 June 1994 (** republished) (* updated *) on the organization and functioning of the Romanian Radio Broadcasting Society and the Romanian Television Society ((updated until 1 June 2014 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. II of Law no. 124 124 of 22 June 1998 , published in the Official Gazette of Romania, Part I, no. 227 of 22 June 1998, giving the texts a new numbering. Law no. 41 41 of 17 June 1994 was published in the Official Gazette of Romania, Part I, no. 153 153 of 18 June 1994 and has been amended by Government Emergency Ordinance no. 89 89 of 24 December 1997 , published in the Official Gazette of Romania, Part I, no. 378 378 of 29 December 1997 (approved by Law no. 69 69 of 2 April 1998 , published in the Official Gazette of Romania, Part I, no. 140 140 of 7 April 1998). + Chapter I General provisions + Article 1 The Romanian Radio Broadcasting Society and the Romanian Television Society are established, as autonomous public services of national interest, editorial independent, by reorganizing the Romanian Radiotelevision. + Article 2 The Romanian Broadcasting Company and the Romanian Television Society are legal entities, are based in Bucharest and operate under the control of the Parliament, under the conditions of this law and in accordance with the conventions international to which Romania is a party. + Article 3 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society have the obligation to ensure, through their entire activity, pluralism, free expression of ideas and opinions, the free communication of information, as well as the correct information of public opinion. (2) The content of the programs of the Romanian Radio Broadcasting Society and the Romanian Television Society must meet the professional standards in the field. + Article 4 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society, as public services in the realization of the general objectives of information, education, entertainment, are obliged to present, objectively, impartially, the realities of life social-political and economic domestic and international, to ensure the correct information of citizens on public affairs, to promote, with competence and exigency, the values of the Romanian language, of the authentic cultural, scientific, national and universal, of national minorities, as well as democratic, civic values, moral and sports, to advocate for the national unity and independence of the country, for the cultivation of human dignity, truth and justice. (2) In carrying out the tasks they have, the Romanian Radio Broadcasting Society and the Romanian Television Society must respect the principles of the constitutional order in Romania. + Article 5 (1) The programs of the Romanian Broadcasting Society and of the Romanian Television Society must not serve under any reason as means of defamation of the country and of the nation, not to urge war of aggression, to national, racial, class hatred. or religious, not to incite discrimination, territorial separatism or public violence, not to propagate obscene manifestations, contrary to good morals. (2) Emissions that, by their content, threaten the psychomoral or physical development of children and young people will not be broadcast between 5,00-24,00. (3) Minors with poor behavior or persons presumed to have committed violations of the law will be able to be presented so that images do not allow their identification. The visual exploitation of the psychosomatic deficiencies of persons presented in television broadcasts is prohibited. (4) The Romanian Radio Broadcasting Society and the Romanian Television Society must reserve part of the broadcasting space to the political parties represented in Parliament. The time affected by political parties cannot exceed one-hundredth of the entire weekly broadcasting time. The distribution of broadcasting time on political parties is made in relation to the share of their representatives in Parliament, taking into account a time unit for each parliamentarian, including representatives of national minorities. (5) The programs must not prejudice the dignity, honor, particular life of the person, nor the right to his own image. + Article 6 (1) The dissemination of advertisements by public broadcasting and television services may be made only by contract concluded with the beneficiary of the advertisement, the producer of the advertising program or their authorized representatives, under the conditions established by the mandatory norms * *) developed by the National Audiovisual Council, published in the Official Gazette of Romania. (2) Failure to comply with the rules established by the National Audiovisual Council on the making of advertising in broadcasting and television programmes shall be sanctioned according to Audiovisual Law no. 48/1992 . Note
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**) The mandatory rules, in revised form, were published in the Official Gazette of Romania, Part I, no. 290 290 of 7 August 1998.
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+ Article 7 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society will promote and encourage the dissemination of Romanian audiovisual creations. (2) Not later than 4 years after the entry into force of this Law, the Romanian Radio Broadcasting Society and the Romanian Television Society will reserve a majority of the broadcasting time, in the calculation of which they will not enter informative and sports broadcasts, games, advertising and teletext services. (3) From the European creation broadcast at least 30% will be Romanian creation, including creations specific to national minorities. (4) From Romanian creation at least 35% will be cultural creation. (5) The Romanian Radio Broadcasting Society and the Romanian Television Society will reserve, under the conditions of par. ((2)-(4), at least 10% of their emission time to the creations made by independent producers, in the country or abroad. (6) Application of para. (2)-(5) will be done gradually, in stages whose deadlines will be set by the National Audiovisual Council. + Article 8 (1) The autonomy and editorial independence of public broadcasting and television services are guaranteed by law, and their programs are protected by any interference by public authorities, as well as by the influences of any parties, social-political, trade union, trade and economic bodies or pressure groups. (2) It does not constitute interference with the application of the mandatory rules established by the National Broadcasting Council, under the conditions Audiovisual Law no. 48/1992 . (3) The networks and communication equipment, which constitute technical support for the transmission of national programs of public broadcasting and television services, shall be made available to the Romanian Radio Broadcasting Society and to the Society Television novels, throughout the broadcast period, on a contract basis. + Article 9 Public broadcasting and television services are obliged to transmit, as a matter of priority and free of charge, the communications or messages of public interest received from the Parliament, the President of Romania, the Supreme Council of Defense of the Country or from Government. + Article 10 (1) The specialized staff in the public broadcasting and television services are, for the duration of the employment contract, under the protection of this law. (2) The categories of persons enjoying the status of the broadcasting journalist and, respectively, the status of the television journalist, for the duration of the employment contract, shall be established by the regulation of organization and functioning of each companies. (3) Statutes comprising the rights and obligations of the journalists shall be drawn up by a Paritary Commission, made up of members of each board of directors and delegates of the plenum of radio and television broadcast makers, and shall be approved by the company boards on the basis of the opinion of the relevant parliamentary committees. (. The Commission shall elect a chairman, and if he is not elected within 15 days, he shall be appointed by the joint parliamentary committees. (5) The statutes will necessarily include rules to ensure: a) the defense of journalists and other makers of the attempts to have their professional independence and to be denied their rights; b) participation in decision-making concerning the statutes of journalists and other makers; c) the hearing of the person concerned, in the situation in which sanctions provided by law or status are to be applied; d) the exercise of the profession of journalist and producer of issues under professional, moral or legal liability, as the case may be; e) the settlement of divergences regarding the application of the statute by an internal court of arbitration. + Article 11 (1) For the purposes of this law, any person who realizes, produces, drafts, elaborates or coordinates programs or programs or who has a direct participation and with creative content in their realization, is part of the specialized staff. By its own statutes, the two companies will nominate the functions that fall within the provisions of this paragraph. (2) During the employment of the staff provided in par. ((1) may not occupy or exercise other functions, except for teaching, except with the agreement of the steering committee of the public service in which it works. + Article 12 (1) The audiovisual creation follows the general regime of legislation on copyright and related rights. (2) The materials created as an employee of the public service, intended for the elaboration or realization of programs or programs, may be used outside the company only with the written approval of the authorized persons from the respective public service. + Article 13 (1) The specialized staff provided in art. 11 cannot be part of parties or other political parties and is obliged to keep the political equidistance in its entire professional activity, ensuring respect for the diversity of opinions. (2) The salaries provided in par. ((1) they may not be part of the management of other broadcasting or television companies, nor can they cumulate execution functions within them. (3) The salaries provided in par. ((1) may collaborate in other broadcasting or television companies only with the agreement of the steering committee of the public service in which they work. (4) Failure to comply with par. ((1) and (2) shall be sanctioned with the disciplinary dissolution of the individual employment contract or, as the case may be, with dismissal from office. (5) If by non-compliance with the provisions (1) and (2) a damage to the company in which they work has been caused, the employee will be obliged to repair it according to the law. (6) The way in which the provisions of this Article will be carried out will be provided for in the regulation of organization and functioning of each company. + Article 14 (1) News and information must be disseminated faithfully, and their comment must be made with objectivity, without any influence from public authorities or other legal entities under public law, private or individuals. (2) The news and information to be disseminated in the form of texts or images must be verified. Their meaning must not be deformed or manufactured by way of forms, titles or comments. (3) The liability for the information or for the creation brought to public attention shall be returned, as the case may be, under the law, to the producer of broadcasts or programs, to the author, as well as to the public service of broadcasting, respectively (4) The broadcast news or information, which subsequently proves inaccurate, must be rectified under conditions similar to diffusion. (5) The dissemination of information that damages the legitimate rights or interests of a natural or legal person entitles it to ask the specialized editorial staff to rectify them, which must take place within 48 hours of requesting the natural or legal person concerned. (6) In case of refusal, the person who considers himself injured in a legitimate right or interest may ask the general manager of the company, no later than 6 days after the expiry of the term in par. (5), granting the right of reply. ((7) The right to reply will be broadcast on the same issue and at the same time that the right or legitimate interest of the person has been harmed, within 48 hours of the request of the person concerned. (8) The liability for the dissemination of the rectification belongs to the head of the editorial staff concerned and the liability for granting the right of reply lies with the general manager of (9) The non-dissemination of rectification and the failure to grant the right of reply may be subject to the complaint (10) The other cases regarding the right to reply are exercised according to the mandatory norms *) established by the National Audiovisual Council, published in the Official Gazette of Romania. (11) The confidential nature of the sources of information of the specialized personnel is guaranteed by law. (12) The disclosure of these sources, motivated by violation of the public interest, can be made only on the basis of the provision issued by a court. (13) In the exercise of professional duties by journalists and other makers, the information can only be obtained by legal and moral means, and their use cannot be made for personal purposes. Note
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*) The mandatory rules were published in the Official Gazette of Romania, Part I, no. 303 303 of 22 December 1993.
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+ Chapter II Subject of activity + Article 15 The Romanian Broadcasting Society and the Romanian Television Society have, each according to its profile, as an object of activity: a) the realization of broadcasting or television programs in Romanian, in the languages of national minorities or in other languages, for information, cultural, educational and entertainment purposes; b) broadcasting of programs through broadcasting stations and lines for the transmission of programs, owned, or by renting audiovisual, radio-electric telecommunications networks, including satellite, cable or other technical means; c) organization and realization, in its own studios or in collaboration with other internal or external partners, of radio programs, of television, record on disks, on magnetic support, television artistic films, television series, documentary-scientific films, necessary for their own programs and for exchange with similar organizations in the country and abroad or for valorization; d) carrying out the activity of impresariat for their own artistic formations, organizing concerts, festivals and performances with audiences, as well as competitions with their own artistic bands or in collaboration with other artists, including competitions and games of intelligence or of luck, the conclusion of contracts with Romanian or foreign artists and impresarios, for the broadcasts, concerts and performances they organize, paying fees and making receipts under the law; e) the realization of advertising activities through its own broadcasts and publications, for beneficiaries in the country and abroad; f) organization of documentation activity in specific issues, editing and transmission of programs, advertising materials and other publications related to radio and television activity; g) making broadcasts in support of the training process of the youth in the instructive-educational, moral-religious and patriotic aspect, in collaboration with legal entities of public law, legal entities of private law and individuals; h) performing research and design activity, as well as works specific to audio and video technique, for the needs of own or other beneficiaries in the country or abroad, tracking the results of scientific research and valorization to them under the law, to promote technical and scientific progress in the activity of i) performing directly, under the law, in the field of activity, of operations of foreign trade and payments in lei and in foreign currency; j) the organization of co-productions with external partners in the field of radio and television programs and the production, processing, exchange, export and import of films or programs for television programs or broadcasting, as appropriate; k) representation in relations with international organizations in which Romania is a party, the conclusion of conventions and the establishment of cooperation relations with broadcasting organizations from other countries; l) making and sending abroad, in order to broadcast, according to agreements concluded with similar organizations, radio, television and film programs; m) the organization of exchanges of directors of broadcasts and correspondents with broadcasting organizations from other countries, offering the possibility of direct mutual information on the realities in Romania and in the respective countries; n) keeping and archiving audiovisual records and documents that are of interest to the national patrimony; retention periods and archiving and access conditions to records and archived documents will be determined by regulations governing the organization and functioning of the two companies, under the law; o) any other activities established under the law. + Article 16 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society develop and transmit to broadcast programs in Romanian and in other languages, addressed to listeners and viewers from all over the world, to promote the image of Romania and its internal and external policy. (2) For this purpose, within the Romanian Radio Broadcasting Society and the Romanian Television Society there are departments of broadcasts for abroad. + Article 17 The Romanian Broadcasting Society and the Romanian Television Society have the following rights: a) to use the own networks of transmitters and relays, as well as those made available by rent; b) to transmit or record, without payment, public debates of public authorities, rallies, demonstrations, demonstrations and other events or actions to which the public's access is unimpeded. Transmission of radio or television or recording for transmission, without payment, of works of any kind in the performance halls or in public places where they are represented, executed or exhibited, and cultural, artistic and sporting events can be for information purposes only once, with a duration of no more than 3 minutes, provided that the legislation on copyright and related rights is respected; c) to record and use in their programs cultural creations in all fields, in compliance with the legislation on copyright and related rights; d) establish, under the law, prices and tariffs in lei and in foreign currency for the activities and services they provide, in the specific field of the activity they carry out, except for subscription fees; e) to organize their own networks of correspondents in the country and abroad. + Chapter III Organisation and operation + Article 18 (1) The management of public broadcasting and television services, within each company, shall be provided by: a) the Management Board; b) the general manager; c) the steering committee. (2) The Board of Directors shall be organized for each company and shall be composed of 13 persons, one of whom shall serve as President. (3) The Chairman of the Management Board is the Director General of the (4) The Management Board shall operate on the basis of its own rules of organisation and operation. + Article 19 (1) The members of the Board of Directors of the Romanian Broadcasting Society, respectively of the Romanian Television Society, are appointed by the vote of the majority of deputies and senators in the joint meeting of the two Chambers. (2) The lists of candidates shall be submitted to the permanent offices of the two Chambers, as follows: a) the joint parliamentary groups from the two Chambers submit proposals for 8 seats, according to their political configuration and their share in Parliament; b) President of Romania, for a place; c) Government, for a place; d) the staff employed by each company shall designate, by secret ballot, the candidates for two seats, in an election organized by the management of the respective company; e) parliamentary groups of national minorities, for a place. ((3) The proposals made will nominate the candidate for the post of holder, as well as the candidate for the alternate position and shall be submitted to the permanent offices of the two Chambers within 15 days after the appointment of the appointment procedure. (4) The permanent offices of the two Chambers shall submit the lists of candidates to the specialized standing committees, with a view to hearing them at the joint meeting. (5) Following the hearing, the permanent specialized committees will draw up a joint advisory opinion, motivated, which they will present at the meeting of the Chamber of Deputies and the Senate, accompanied by a list of candidates proposed for the posts of holders and of a list of candidates proposed for the posts of alternates, but not less than 9 for each individual company, according to the structure provided in par. ((2). If the proposals were not made within the deadline provided in par. ((3), the Management Board shall operate in the composition of at least 9 validated members. (6) The lists of candidates shall be entirely subject to the vote in the joint sitting of the Chamber of Deputies and the Senate and shall be approved by the vote of the majority of deputies The vote is secret and is expressed with balls. (7) The chairman of the Board of Directors of the Romanian Broadcasting Society, respectively of the Romanian Television Society, is appointed by the Parliament, in the joint meeting, among the members of the councils, on the proposal of the commissions Specialist standing, in compliance with the hearing and voting procedures provided for in this article. In view of the proposal, the permanent specialized committees will examine with priority, within 7 days, the candidate recommended by the tenured members of the boards of directors. The hearing of the candidate shall be made by the committees, in the presence of the respective board + Article 20 (. The members of the Management Board shall be appointed for a period of 4 years. (2) Members of Parliament and of the Government may not be part of the boards of the two companies. (3) The permanent specialized committees of the two Chambers may propose, with the vote of the majority of the members of the Parliament, the dismissal of any member of the board of directors, whose activity is inadequate. Parliament decides by majority vote. The place which has become vacant in this manner or for any other reason shall be dealt with by the holder's alternate. (4) If the vacancy cannot be occupied by the alternate, those referred to in art. 19 19 para. (2) will make a replacement proposal, to be put to the vote, given that the initial appointment was made. The term of office of the members thus appointed shall expire with the mandate of the entire (5) The vacant places on the board of directors of each company are publicly announced within 15 days. + Article 21 (1) If the procedure for the appointment of the board of directors is not completed by the Parliament in the course of the legislature in which it was triggered, after the constitution of the new Parliament it will resume. (2) If, due to the situation referred to in par. ((1), the Board of Directors to which the mandate expires may not be replaced, the term of office shall be extended until the appointment of the new board of directors. (3) When the situation referred to in par. (1) intervenes at a time when, for various reasons, there is neither the board of directors nor the legally appointed president, the Parliament, on the proposal of the specialized standing committees, appoints an interim director, with a well-defined mandate. (4) The extension of the mandate or the duration of the interim may not be more than 6 months. + Article 22 The president and members of the board of directors submit to the Parliament the following oath: " I swear to respect the Constitution and laws of the country, to defend the interests of Romania, the fundamental rights and freedoms of citizens honor, conscience and without bias the duties I return according to the office and keep the professional secret. So help me God! " + Article 23 (1) The members of the board of directors, who have the status of employees of the Romanian Radio Broadcasting Society or, as the case may be, of the Romanian Television Society, retain all their rights and obligations arising from this quality, less the right to hold management positions in that company at the same time. (2) The Director General of the Romanian Radio Broadcasting Society, as well as the General Director of the Romanian Television Society receive a monthly gross salary, assimilated to the position of minister. (3) The other members of the Board of Directors of the Romanian Broadcasting Society and of the Romanian Television Society receive, on a monthly basis, an allowance representing 25% of the monthly gross salary of the general manager of the company That. The members of the board of directors are entitled to the settlement, under the law, of the transport and accommodation expenses, occasioned by the participation in the meetings of the board of directors. ((4) Members of the Management Board and the members of the Steering Committee may not be part of the board of directors of a company which has an activity in the field of broadcasting and cannot participate in companies with which The Romanian Broadcasting Company or, as the case may be, the Romanian Television Society maintains business relations or has contrary interests. + Article 24 (. The Board of Directors shall meet monthly and whenever the interests of the company impose it. (. The Management Board shall be convened by the President, who shall propose the agenda, or at the request of at least one third of the number of its members. + Article 25 For the adoption of complex decisions, the board of directors can attract external collaborators. + Article 26 (1) The work of the board of directors shall be conducted by the President, and in the absence thereof, by another member of the Board, if appointed by the President, or by the oldest member of the Board. (. The Management Board shall work legally in the presence of the majority of its members, and the decisions shall be adopted by the vote of at least half plus one of the total number of its members. The non-meeting of the quorum leads to the rescheduling of the meeting, no later than 15 days, with the same agenda. (3) In case of non-meeting of the board of directors at the time stipulated in the previous paragraph, its chairman shall inform the committees for the culture, art and mass media of the two Chambers on the situation created. After considering the complaint, the joint committees may propose to the plenary of the Parliament the replacement of one or more members of the board of directors or its dissolution. The proposals of the committees will be brought to the attention of the permanent offices of the two Chambers within 24 hours from the date of the decision, and in case of dissolution, the Parliament will appoint the new board of directors within 60 days. (4) The Chairman of the dissolved Board shall remain as Managing Director until the appointment of the new Board of Directors or until the appointment of an interim Managing Director. + Article 27 The Management Board shall: a) approve the development concept of the company and the rules regarding the strategy and structure of the programs; supervise the observance of the way in which the company fulfils its obligations under the program and in the emission license by the National Audiovisual Council; b) approve the organizational structure of the company, as well as the economic and personnel restructuring necessary for the efficient functioning of the company; c) approve the conditions for organizing contests for the appointment of the members of the Steering Committee d) approve detailed regulations to specify the functions of the public service, provided in this law and in international regulations; e) approve the draft budget and follow its execution; apportion the budgets of the autonomous functional units, after approval; f) approve the balance sheet and the profit and loss account, annually, submit them to the bodies provided by law and make them public; g) approve, according to the competence, the investments to be made by the company; h) establishes, under the law, measures to extend or restrict the activity of the company, to establish or abolish autonomous functional activities; i) approve the composition of the directories of units in the structure j) approves the regulation of organization and functioning of the company; k) presents to the Ministry of Finance proposals for subsidies to be included in the state budget, for approval by the Parliament; l) approve the maximum volume of bank loans; m) approves the proposals for amending the budget within the own income limits; n) approve the competences of the organizational structures of the company regarding the employment and the performance of expenses of any kind, including investments, financial and commercial transactions, rentals of movable or immovable property, under the law; o) analyze the current reports on the company's activity and approve measures for the future activity; p) approves the conditions of cooperation to ensure the security of objectives and assets, established together with the Ministry of Interior; q) approves the proposals of the steering committee to participate in the realization of activities with other Romanian or foreign capital companies, for the rental of broadcasting spaces on radio or television channels; r) approves the proposals for the representation of national broadcasting and television companies, in relations with international bodies, as well as those regarding the conclusion of conventions and the establishment of cooperation relations with similar bodies in other countries; s) approve sales and concession proposals, according to the law; t) approve measures to comply with the legal provisions on environmental protection; u) present the annual report to the Parliament and any other reports required by the permanent specialized committees of the two Chambers; v) exercise any other duties incumbent on him according to the legal provisions and the organization and functioning regulation. + Article 28 The Director General shall have the following duties and responsibilities: a) ensure, together with the steering committee, the current management of the company b) dispose, control and respond to the execution of the decisions of the board of directors, as well as the conventions concluded by the company; c) approve, on the proposal of the steering committee, normative, regulations and service instructions for the operation, maintenance, safety in operation and use of the own networks of transmitters and relays, equipment, design and repair of constructions and all equipment in the company's endowment, as well as for commercial operations, specific financial-accounting, recruitment, training and improvement of personnel; d) approve the hiring and dismissal of the staff of the company and appoint the heads of the departments and heads of the units directly subordinated, after the competition, e) approve, under the law, the employment of specialists, in limited term, for carrying out studies, works, determinations and the like, necessary for the society; f) approve the participation and mandate of delegations at internal or international meetings, business meetings or studies of interest to society; g) exercise any other powers arising from the legal provisions and the organization and functioning regulations approved by the board of directors and approve any other measures regarding the activity of the company. + Article 29 The General Manager represents the Romanian Broadcasting Society or, as the case may be, the Romanian Television Society in relations with the other organs and organizations in the country, as well as in international relations and participates, with the approval and mandate data by the Management Board, at international meetings. + Article 30 (1) The Director-General may delegate his duties to the subordinate staff, except for the duties provided for in art. 28 lit. c) and d). (2) The acting director-general has the powers provided for in 28-30. Appointments and employment by the acting director-general shall be made for specified periods, up to the limit of his term of office. + Article 31 The Steering Committee of the Romanian Broadcasting Society and the Romanian Television Society, respectively, is composed of the general manager and of a maximum of 7 members, operates in accordance with the organizing regulation and operation and has the following tasks: a) implement the decisions and decisions of the board of directors; b) elaborates and proposes for approval to the board the program strategy; c) endorses the documents that are subject to the decision of the Board; d) approve the hiring and the performance of expenses of any kind and commercial and financial transactions, within the limits of the powers approved by the board of directors; e) endorses the draft rules, regulations, regulations and instructions, which are subject to the approval of the Director-General; f) endorses the labor norms, personnel regulations, functions and necessary trades, which are approved by the board of directors; g) ensure compliance with legal provisions on the security of goods h) ensure compliance with the legal provisions on environmental protection; i) exercise any other duties incumbent on him according to the legal provisions and the organization and functioning regulation. + Article 32 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society may have in their structure territorial studios and other autonomous functional units without legal personality, necessary to achieve the specific object of activity, to which they are competence is granted in the technical, economic, commercial, administrative, financial, as well as delegation in legal matters. (2) The territorial studios are assigned frequencies with zonal coverage, under the law. (3) The coordination of the activity of the territorial studios within the two companies will be carried out by the distinct departments belonging to each individual company. (4) Autonomous functional units, provided in par. (1), are secondary authorising officers and have the right to make their own income for the support and development of the activity. + Article 33 The management of the autonomous functional units, including the territorial studios, shall be accountable to the board of directors of the respective company for the performance of all the tasks entrusted by it by decisions, regulations and decisions of delegation. + Article 34 The powers of the departments, directions and other compartments, as well as of the component autonomous units, shall be established by regulations approved by the boards of the two companies. + Article 35 ((1) The management of the territorial studios and the other autonomous functional units shall be provided by the own principal committees appointed by the board of directors of that company within the limits of the powers delegated to them. (2) If territorial studios also have broadcasts in the languages of national minorities, their directories will include representatives of the makers of these shows. + Article 36 (1) The basic salaries and other personnel rights for the employees of the Romanian Radio Broadcasting Society and of the Romanian Television Society are negotiated by collective and individual employment contracts, concluded under the law. ((2) The salaries shall be compensated and indexed by the percentage established by Government decision for autonomous regions and companies, in relation to the financial possibilities of each company. + Chapter IV Financial activity + Article 37 (1) The patrimony of the Romanian Radio Broadcasting Society, as well as that of the Romanian Television Society shall be taken from the Romanian Radio Television on the basis of protocol to be concluded within 30 days of the appointment of the board of directors, according to the special balance sheet. (2) The buildings, spaces and land owned by the state, which are currently used by Broadcasting, Television and territorial studios, as well as other goods in use, legally, provided in Annexes no. 1 and 2, shall also be put into use in the administration of the Romanian Broadcasting Society or, as the case may be, of the Romanian Television Society. (3) Goods provided in par. (2), which are part of the national cultural heritage, shall be subject to national legislation in the field. + Article 38 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society, each in part, manage the assets of their patrimony or, as the case may be, have them under parliamentary control. (2) The programs 1 and 2 of the Romanian Television, as well as the programs of the Romanian Radio Broadcasting, existing on the date of publication of the present law in the Official Gazette of Romania, are constituted in public services, as national broadcasting stations and television. + Article 39 (1) The financial sources of the two companies are made up of allowances from the state budget, from their own income and from other sources. (2) For the funds received from the state budget, the general manager of the Romanian Broadcasting Society and that of the Romanian Television Society have the status of principal authorising officers of budgetary credits, under the law. (3) The financial activity of the Romanian Radio Broadcasting Society and the Romanian Television Society is carried out on the basis of its own budgets. (4) The accounts of the execution of the budgets of the two companies will be presented to the Parliament with the annual reports, with the opinion of the committees for culture, art and media, as well as those for budget, finance, joint, the two Houses of Parliament and will be released. (5) Of the revenues made from other sources, the board of directors may decide to use amounts for endowments and retrofitting. + Article 40 (1) The own incomes of the Romanian Radio Broadcasting Society and the Romanian Television Society come, as the case may be, from: a) amounts collected from the realization of the object of activity; b) fees for the public service broadcasting, respectively for the public television service; c) late payment penalties for the non-payment of the due taxes; d) amounts collected from advertising; e) amounts collected from fines and civil damages; f) donations and sponsorships; g) other income made according to the law (2) Individuals with domicile in Romania are required to pay a fee for public service broadcasting and a fee for the public television service, as beneficiaries of these services, except those who declare on their own responsibility for not having radio or television receivers, and those who, according to the law, benefit from exemption from the payment of these taxes. (3) Legal entities established in Romania, including subsidiaries, branches, agencies and their representative offices, as well as Romanian representations of foreign legal entities, are required to pay a fee for the public service of broadcasting and a fee for the public television service, as beneficiaries of these services. (4) The amount of the taxes provided in par. ((1) lit. b), by category of payers, the method of collection and exemption from their payment, the penalties of delay, as well as the sanctions that apply in case of erroneous completion of the declaration of exemption from the payment of taxes by the holders of radio and television receivers, which, according to the law, are payers of the fee for the public service of broadcasting and of the fee for the public television service, shall be determined by Government decision. (5) The procedure for carrying out control, finding contraventions, applying sanctions and late penalties in case of evading the taxes provided in par. ((1) lit. b) by the holders of radio and television receivers, shall be determined by Government decision. (6) They are exempt from paying the monthly fee for public service broadcasting and for public television service families and single persons who receive monthly social assistance, according to the provisions Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, non-profit associations and foundations, foreign diplomatic missions and their members, individuals subscribed to radioamplification networks, nursing homes, units within institutions that have competence in the field of defence, public order and national security, pre-school, pre-university and university state educational establishments, children's homes and state nurseries, pensioners from the system pensions for farmers, whose rights have been established on the basis of the legislation prior to entry into force Law no. 19/2000 on the public pension system and other social security rights, the pensioners of the Romanian Radio Broadcasting Society and the Romanian Television Society, the cult units belonging to the recognized religious cults in Romania, as well as other categories provided by special laws. (7) Other exemptions from the payment of the monthly fee for the public service of broadcasting and for the public television service than those provided for by this law may be established by Government decision. ------------ Article 40 has been amended by art. I of LAW no. 533 533 of 11 December 2003 , published in MONITORUL OFFICIAL no. 895 895 of 15 December 2003. + Article 41 (1) The annual budgetary law approves the funds from the state budget, allocated to the Romanian Radio Broadcasting Society and the Romanian Television Society for the coverage of some development expenses, for the purchase of equipment and parts radio and television exchange, consumable materials necessary to carry out the specific activity, as well as, in full, the funds necessary for the use of emission stations, radio relays and video and phonic circuits, due to economic agents from the communication system; to ensure security, as an objective of interest national; for the payment of contributions due to international governmental organizations. (. The other expenditure shall be covered by own revenue. + Article 42 ((1) Financing necessary for the production and dissemination of radio and television broadcasts addressed to abroad, including through legal entities established or within which the Romanian Radio Broadcasting Society and the Romanian Society Romanian Television, hold the status of associate/shareholder, as well as for the development of this activity shall be ensured from the funds allocated from the state budget, through the budgets of the two institutions. ----------- Alin. ((1) of art. 42 42 has been amended by section 1 1 of art. unique from LAW no. 71 71 of 28 May 2014 , published in MONITORUL OFFICIAL no. 398 398 of 29 May 2014. (1 ^ 1) The financing necessary to cover the expenses of the musical bands Directorate shall be ensured by the Romanian Society of Full Broadcasting from the state budget. ----------- Alin. ((1 ^ 1) art. 42 42 was introduced by the single article of LAW no. 302 302 of 19 November 2008 , published in MONITORUL OFFICIAL no. 788 788 of 25 November 2008. (. The necessary amounts shall be distinguished separately in the budget of each company, on the basis of the programmes established according to + Article 43 The Romanian Broadcasting Society and the Romanian Television Society may associate with each other or with third parties in order to carry out joint activities that are of interest to the associates, without changing through this legal status of the services public broadcasting and television. ((1 ^ 1) In order to extend/develop the specific activity, in the country or abroad, the Romanian Radio Broadcasting Society and the Romanian Television Society can establish, with the advisory opinion of the parliamentary committees for culture of the Senate and to the Chamber of Deputies, legal persons governed by private law, with or without profit, may acquire the status of associate in such entities or, as the case may be, acquire the shares/shares of an existing company, in the law. ----------- Alin. ((1 ^ 1) of art. 43 43 has been introduced by section 2 2 of art. unique from LAW no. 71 71 of 28 May 2014 , published in MONITORUL OFFICIAL no. 398 398 of 29 May 2014. + Article 44 The use of the funds of the Romanian Broadcasting Society and the Romanian Television Society is subject to the control of the competent bodies by law, according to the origin of the respective funds + Chapter V Transitional and final provisions + Article 45 The territorial studios of the Romanian Broadcasting Society and the Romanian Television Society reorganize and pass, on the basis of protocol, as units without legal personality, in the structure of each society, according to their object specific activity. + Article 46 (1) Within the parliamentary control activity, provided for in art. 31 31 para. (5) of the Constitution and art. 2 of this law, the parliamentary committees for culture, art and mass media of the Chamber of Deputies and the Senate have the right to request the following: a) an annual report, together with the budget implementation account of each company; b) reports on problems specific to the activity of the two companies; c) any information and documents regarding the activity of the two companies. (2) In relation to those provided for in the preceding paragraph, the committees have the right to make their own checks (3) The annual report, together with the budget execution account of each company, will be submitted by April 15 of the following year and, with the opinion of the committees for culture, art and media, will be subject to debate and the approval of the two Chambers. (4) The reports and information provided in par. ((1) lit. b) and c) will be requested by decision of the specialized standing committee of the Senate or, respectively, of the Chamber of Deputies, with reference to serious deviations regarding the general objectives of the activity of the two companies and to violations of deontology professional. (5) Reports, information and documents will be submitted within the deadlines set by the commissions, but not more than 10 days, with the committees having the right to decide on the settlement. (6) In case of non-compliance with the deadlines provided in par (3) and (5), the joint committees may propose to the plenum of the two Chambers the dismissal of the chairman of the board of directors, who is liable for delay (7) The Parliament's rejection of the annual report draws the dismissal of the respective board of directors. (8) If the plenary of the reunited Chambers of the Parliament does not meet for lack of legal quorum, the permanent offices of the Senate and the Chamber of Deputies appoint an interim general manager of the company, for a period of 60 days. ----------- Alin. ((8) art. 46 was introduced by the unique article of EMERGENCY ORDINANCE no. 110 110 of 18 December 2013 , published in MONITORUL OFFICIAL no. 808 808 of 19 December 2013. (9) By exception to the provisions of art. 30 30 para. (2), during the interim period, the acting director-general performs acts of current administration of the company's activity. ----------- Alin. ((9) art. 46 was introduced by the unique article of EMERGENCY ORDINANCE no. 110 110 of 18 December 2013 , published in MONITORUL OFFICIAL no. 808 808 of 19 December 2013. + Article 47 Financial obligations of the Romanian Broadcasting Society and of the Romanian Television Society, contracted until the entry into force of this law and results: from the rental of transmitters, radio relays and video and phonic circuits, of the T.V.A., including increases; from local taxes, including increases; for the provision of military security; for the payment of contributions due to international bodies; for the making of broadcasts for abroad, shall be covered from the budget of state, from the budget reserve fund at the disposal of the Government. + Article 48 ((1) Annexes no. 1 and 2 are an integral part of this law. (2) The goods of the Romanian Radio Television shall be taken over by the Romanian Radio Broadcasting Society and the Romanian Television Society, on the basis of minutes, within 90 days of the appointment of the board of directors. (3) On the date of entry into force of this Law, the Decree-Law no. 136/1990 on certain measures relating to the Romanian Radiotelevision, Decree no. 29/1975 on the granting of special allowances and any other provisions to the contrary. + Annex 1 ROMANIAN BROADCASTING COMPANY SITUATION OF BUILDINGS AND LAND ------------------------------------------------------------------------------- Address of the property The current owner ------------------------------------------------------------------------------- 1 1 2 3 ------------------------------------------------------------------------------- A. Bucharest 1. Str. General Berthelot No. 60-64 Romanian Radio Broadcasting Broadcasting Headquarters, consisting of 3 bodies and concert hall: -body A 8.530 sqm-2 basements, floor and 6 floors -body B 6.436 sqm-basement, ground floor and 10 floors -body C 5,914 sqm-basement, ground floor and 6 6 floors -old body 4.692 sqm-basement, floor and 4 floors -concert hall 10,530 sqm-basement, floor and floor Land 9,200 sqm 2. Str. General Berthelot No. 71 -Building made up of basement, ground floor and 2 floors -Metal shack and shack Land 585 sqm 3. Str. Plevna nr. 20 20 bis -Building garage with surface carried out by 1,594 sqm Land 1,776 sqm 4. Str. Buzesti nr. 26 -Building consisting of 3 bodies: -body A-21 sqm building -body B-314 sqm sheds -body C-112 sqm sheds Land 1,059 sqm B. Cluj-Napoca 1. Str. Donath no. 160 Broadcasting Studio -Building composed of basement, and Television Cluj floor and floor -Garage Land 10.178 sqm C. Constanta 1. Villa no. 1 Mamaia Radio Broadcasting Studio -Building composed of basement, Constanta floor and floor Land 1.674 sqm D. Craiova 1. Str. Stirbei Voda nr. 3 Broadcasting Studio -Building composed of demisol, Craiova ground floor and floor with a surface -built by 425 sqm -Garage of 119 sqm -Building with outbuildings and basement of 84 sqm -Porter's cabin, in the surface of 7 7 sqm, and a gazebo of 2.6 sqm Land 1,640 sqm 2. Str. Lotrului nr. 6 -Garage Land 315,6 sqm E. Iasi 1. Str. Lascar Catargi nr. 44 Broadcasting Studio -Building with basement and ground floor and Television Iasi (spaces -Two emission and production garages Land 1,387 sqm and editorial spaces) 2. Str. Pin no. 6 -Garage Land 295 sqm F. Timisoara 1. Str. Pestalozzi nr. 14 Broadcasting Studio -Building composed of demisol, and the Television Studio ground floor and 4 floors, in the area of Timisoara ( of 1.000 sqm broadcasting -Garage-annex of 252 sqm and production and spaces -Car garage platform of 980 sqm editorial office) Land 4.291 sqm G. Targu Mures 1. Bd 1 Decembrie 1918 nr. 109 Broadcasting Studio -Building composed of ground floor and Targu Mures floor, with an area of 1,392 sqm -Garage in surface of 117 sqm -Shops with an area of 56 sqm -The porter cabin, in the area of 4 sqm Land 2,859 sqm ------------------------------------------------------------------------------- + Annex 2 ROMANIAN TELEVISION SOCIETY SITUATION OF BUILDINGS AND LAND ------------------------------------------------------------------------------- Address of the property The current owner ------------------------------------------------------------------------------- A. Bucharest 1. Calea Dorobantilor nr. 191 Romanian Television The television center consists of: -editorial block, with basement, ground floor and 13 13 floors -body studios, with basement, ground floor and 2 floors -body workshops, with basement, ground floor and 2 floors -film body, with basement and ground floor -external transmission base, with basement -office body information -gate cabin Land 68.102 sqm 2. Str. Moliere nr. 2 -Administration body -Body B-building studios -Body C-building deposits -Body D-Building body and garage Land 12,100 sqm 3. Str. Sergiu no. 36 -Body building autobase, with basement and ground floor Land 2,795 sqm 4. Sos. Pipera nr. 63-65 Land 50,000 sqm B. Ilfov County 1. Str. Sabar nr. 2 Romanian Television -Archive of films and magnetic tapes (ground floor and 2 floors) -Building with ground floor and 3 floors and Radiodiffusion Land 778 sqm Romana (one floor) C. Cluj-Napoca 1. Str. Donath no. 160 Studio de Land 5,000 sqm Broadcasting and Television Cluj D. Iasi 1. Str. Lascar Catargi nr. 33 Studio de -Building with ground floor and 2 floors Broadcasting and Land 4,800 sqm Television Iasi 2. Str. Lascar Catargi nr. 47 47 (emission spaces) -Three garages and production Land 410 sqm television, spaces redactional, radio administration and television) -------------------------------------------------------------------------------- ------------ Lit. C of Annex 2 has been amended by the single article of LAW no. 469 469 of 4 November 2004 , published in MONITORUL OFFICIAL no. 1.060 1.060 of 16 November 2004. ---------