Law No. 73 Of 5 July 1995 Concerning The Preparation Of The National Economy And The Defense Of The Territory

Original Language Title:  LEGE nr. 73 din 5 iulie 1995 privind pregătirea economiei naţionale şi a teritoriului pentru apărare

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LAW No. 73 of 5 July 1995 concerning the preparation of the national economy and defence of PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 145 of 12 July 1995, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the preparation of the national economy and defence of its territory is part of the national defense and is based on the provisions of the Constitution and principles of military defence doctrine. It encompasses the range of measures and actions that are established and in advance of peace in order to exploit the potential of the country's economic and human needs for defence and ensuring the continuity of social and economic activities in the event of mobilization or war.


Article 2 measures and actions, and the coordination and control of the activities intended for the preparation of national economy of the territory for defence and for mobilizing national ensure by public authorities, according to the competences established by the Constitution and laws of the country.


Article 3 Supreme Defence Council to analyse and approve the country's draft plan for the mobilization of the national economy and the draft State budget for the first year of the war.


Article 4 the Government is responsible for the preparation of the national economy and defence of its territory and ensure the application of measures relating to these areas, according to the law, decisions of the Parliament and the Supreme Council of Defense of the country in which the end:) coordinates and organizes controls the activity of ministries and other bodies and authorities of the public administration in connection with carrying out tasks relating to the preparation of the national economy and defence of the national territory;
  

b) elaborates, in time of peace, the draft plan of mobilization of national economy and the draft State budget for the first year of the war;
  

c) lays down the obligations of the ministries, public authorities and economic operators through the mobilization plan of national economy and take measures to ensure the material goods and services necessary for national defense forces system and population at war;
  

d) develops programs current and perspective regarding the preparation of the national economy and defence of the national territory;
  

e) take steps to enforce the financial budgetary resources and materials necessary for the preparation of national economy and territorial defence;
  

f) establishes measures to shift from the current economic programme to the implementation of the plan of mobilization of national economy and seeks their realisation;
  

g) coordinates the activities of research, production and assimilation, technical-material ensuring intended national inzestrarii system defense forces;
  

h any other duties) meets the established by law in this area.
  


Article 5 for the performance of incumbent Government with regard to the preparation of the national economy and defence of its territory, under its Central Office works for particular problems, with military and civilian specialists.
The organisation, functioning and powers of the Central Office for Special Issues shall be determined by decision of the Government.


Chapter 2 preparation of national economy for defence in article 6 to ensure that applications for the necessary products and services national defence force system and the needs of national economy and population at the war Office for Special Issues draft plan of mobilization of national economy for the first year of the war.


Article 7 the draft plan for the mobilization of national economy includes the tasks of ministries, other public administration authorities, economic agents and public institutions to ensure the requirements of the national system of defence forces, the national economy and population for the first year of the war, and what resources will be used for this purpose.
The Ministry of finance, based on the project plan for the mobilization of the national economy, the draft budget for the first year of the war.


Article 8 ministries, other public administration authorities, businesses, public institutions and social institutions have the obligation to take measures in peacetime for carrying out tasks delegated to them in the plan of mobilization of national economy, sent by the Central Office for special problems, in areas concerning them. To this end draw up the necessary documents on the preparation of mobilization.


Article 9 Measures of preparation of national economy for the defense, which is carried out in time of peace, are contained in current programs and perspective and relates to: establish, creating and retaining capacity and mobilization reserves, updating documentation, preparation of studies, the interpretative notes, as well as other actions that will be deemed necessary.


Article 10 Plan of mobilization of national economy and the draft State budget for the first year of the war shall be updated whenever the need arises.


Article 11 implementation of the plan for the modernization of the national economy and the State budget for the first year of the war shall be approved by the Parliament, at the proposal of the Supreme Council of Defense of the country.


Article 12 the economic agents and public institutions, according to the obligations of the plan for the modernization of the national economy and of current programs and prospect, establish, creates and preserves, from peacetime and mobilization reserves capacity necessary for carrying out the tasks in question.


Article 13: the mobilization capabilities Constitute a) industry: research and production capabilities established and prepared for the purpose of manufacture, or repair, or to deploy the technology and military materials, as well as those specialising in the development of collaborations;
  

(b) transport and communication): the facilities and related facilities designed to cater to mobilization or war exclusively transport and telecommunications needs of national defense system components;
  

c) health care: existing health network hospitals and other venues that turn, the mobilization, in hospitals or in indoor area, forcing the first-aid medical and surgical; research units, preventive medicine and laboratories; pharmaceutical companies designed to provide medical assistance to the wounded and sick of the national defence system, as well as victims of war from reaching the population;
  

d) administration of national reserves materials: 30% of the surface.
  


Article 14 the mobilization Capabilities can be used in peace-time, temporary, and other activities, with the opinion of the Ministry of national defence and with the approval of the Central State Office for Special Issues, and it will be restored to their original destination no later than 30 days after the Declaration of State of war or mobilization.
Economic agents and public institutions are required to maintain the equipment and installations from upgrading capabilities used under the preceding paragraph the normal operating parameters. Skills upgrading is not used, with the opinion of the Central State Office for Special Issues of Ministry of finance.


Article 15 new production capabilities, defined as the mobilization capabilities, is made by the decision of the Supreme Council of Defense of the country, on a proposal from the Central State Office for special problems, approved by the Ministry of national defence, developed on the basis of the request of the operator concerned.


Article 16 Technical Documentation necessary to the completion of military items listed in the mobilization of economic agents ensure that the conditions laid down by Decree of the Cabinet of Ministers and is constituted as a reserve mobilization.


Article 17 the mobilization Reserves are owned by the State and include: a) industry: raw materials, semi-finished parts and elements, strictly specialized, tools, machines, devices, and other necessary materials checkers in the manufacturing and repair;
  

(b) transport and communication): designed to restore and maintain operational capacity for the necessary transportation and telecommunications needs of national defense system forces;
  

c) in health care: the health and pharmaceutical supplies materials, raw materials and materials necessary for the manufacture of pharmaceutical products, medical equipment, instruments and other necessary materials to supplement to equip medical establishments existing in the network, as well as those that are created at war;
  

d) trade: food and industrial applications for the necessary military units required locally, deploy.
  


Article 18 national material reserves, established and managed according to law, shall be assimilated to the reserves mobilization in peacetime, for quantities which are intangible stocks destined for the needs of the army and defense industry, and in time of war, for existing stocks in warehouses at the time.


Article 19 Reservations include outreach, as a rule, hard products supplied or with long manufacturing cycle, ensure that the domestic production or import.

Classification levels and mobilizing reserve requirements shall be approved by the Supreme Defence Council of the country once the mobilization plan and are updated annually by the Central Office for special problems.
Annual levels of formation materials in mobilization reserve is manufactured by hand by the Central Office for special problems in relation to priorities submitted by the Ministry of defence.


Article 20 Conditions relating to the manner of selecting, creating and storing capacity and mobilizing resources, and intangible products stocks requested by mobilization plans of heavily involved, shall be regulated by the Government.


Article 21 economic agents and public institutions at which to create the mobilization reserves are required to ensure the management and separate storage of materials intended for them compared to current activities. Storage and material handling shall be made in accordance with the instructions and rules in force.


Article 22 in order to prevent degradation of raw materials and products depreciabile reserve mobilization, economic agents and public institutions are required to take the technical measures for preservation and storage, as well as for their freshness and systematically, according to its own annual plans approved by the State Central Office for Special Issues, and the Ministry of national defense. Those that cannot be updated are kept in reserve until reaching the limit of validity or laid down in the instruction, after which it is removed for recovery or disposal, in accordance with the legal norms in force.


Article 23 Removing loan form the reserves mobilization is made, exceptionally, through decisions of the Government, initiated by the ministries concerned, together with the prior opinion of the Central State Office for Special Issues of Ministry of national defence.


Article 24 removing the final and products reserve mobilization are made as a result of changes in the tasks of mobilization for which have been set up or to manufacturing technologies, with the approval of the Central State Office for special problems and with the opinion of the Ministry of national defence.


Article 25 materials in mobilization reserve may also be used for relief of certain natural disasters or catastrophes, by decision of the Government, the ministries concerned, proposals endorsed by the Central Office for Special Issues and National Defense Ministry.
Reserve mobilization is reintregeste within the deadline fixed by decision of the Government.


Article 26 Labor Insurance needed to implement the plan of mobilization of national economy is made by using staff without military obligations and by leveraging the work of specialists with military obligations, strictly necessary under the conditions laid down in the decision of the Government.


Article 27 with a view to knowledge of material resources existing in the national material reserves, which can be taken into account when carrying out the tasks of the plan's annual mobilization, National Administration of Materials communicates the State Central Office for Special inventory Problems according to the nomenclature for the formation of the products in question.


Article 28(2) to ensure the needs of military units in the mobilization, economic agents, regardless of their form of ownership, are obliged to make available to them under the law, the products and services requested by the plan of mobilization of the garrison.
Insurance products will be made from existing stocks in the current economic agents, from the date of Declaration of mobilisation, as well as from established for this purpose, intangible, financed from the State budget.


Article 29 at the request of the Ministry of national defense, the Ministry of the Interior and other ministries with the defence tasks, the operators are required to keep in custody the perishable products needed in the war.
Technical requirements regarding the storage, Exchange and payment charges shall be determined by agreement between the operators and the authorized representatives of the beneficiaries in accordance with the decision of the Government.


Chapter 3 Preparing the territory for defence training Objectives of article 30 of the territory intended for operational needs of national defense system forces shall be determined by the General Staff, Ministry of Interior and intelligence, each in its field of activity, and are subject to the approval of the Supreme Council of national defence, the General staff along with State Central Office for special problems.
Approved objectives shall be transmitted by the Central Office for the special problems of central public administration organ specializing in regional planning, town planning and public works, to be included in the national plan for landscaping and the ministries, for inclusion in current programs and perspective, to be made in peacetime.


Article 31 Objectives regarding the preparation of the territory for defence and are included in the plan of mobilization of national economy for the first year of the war.


Article 32 preparation of Measures relating to the protection of citizens, goods of any nature, as well as those belonging to the national cultural heritage, from the effects of weapons of mass destruction, conventional weapons and incendiary means, shall be established and shall be subject to the law of civil protection.


Article 33 the responsibility for the attainment of the objectives, operation and maintenance of territorial defence preparedness is the responsibility of the ministries and public administration authorities, depending on the specifics of the target.


Chapter 4 Financing the preparation of the national economy and the Defense territory Article 34 the funds necessary for the implementation of measures and actions relating to the preparation of the national economy and defence of the national territory is allocated from the State budget. Central public administration authorities and local governments require that these funds annually to the Ministry of finance, the Central State Office for special problems.
Justification of funds allocated from the State budget for the preparation of national economy and territorial defence is being made by ministries and other central public administration authorities and local economic agents on the basis of the requests in the case.


Article 35 State Central Office for Special Issues coordinate, endorse and keep a check on how the funds are used for the preparation of national economy and territory defense, which are placed at the disposal of ministries, other central public administration authorities and local and regional economic agents of the Ministry of Finance, aiming to setting-up and use them in strict compliance with the actions for which they were allocated.


Article 36 finance operations in preparation of national economy and territory defense and preparation of the draft State budget for the first year of war shall be subject to the rules and instructions drawn up by the Ministry of finance.


Article 37 expenditure relating to the preparation and updating of the work's own preparation of ministries, central public administration authorities and local economic agents and social institutions for the defence of their budget support.


Chapter 5 duties of ministries, prefectures, county councils, local councils and the economic operators on the preparation of the national economy and defence ministries, Article 38 prefectures, county councils and local, according to competences, each in its field of activity, complying with the following general tasks: to draw up proposals for the project) plan of mobilization of national economy and for the draft State budget for the first year of the war and take steps to prepare for the national economy in order to ensure the requirements of the national system of defence forces , economy and population at the war or mobilization;
  

b) shall create and maintain capacity and mobilization reserves, through current programs and request the financial perspective and funds necessary to achieve them;
  

c) shall draw up, on the basis of the methodology framework developed by the Central Office for special problems, methodologies of work relating to the preparation of economic mobilization of economic agents from its own system and coordinate them;
  

d) take measures to achieve the objectives of preparing the territory for defence, approved by the Supreme Council of Defense of the country.
  


Article 39 of the National Defence Ministry, Interior Ministry and intelligence services transmitted to the Central State Office for Special Issues requests for products and services necessary to the war, in accordance with the methodology established for this purpose. In order to ensure the mobilization, locally, with the products and services necessary for military units, their requests are transmitted through the garrison, plan to county councils.


Article 40 specialized Organs, producing an economic program of the Government, shall satisfy the following specific duties: a) shall draw up, together with the Central Office for Special economic Problems, the program for the State of mobilization or war;
  


b) designing the strategy diversion of national economy on the basis of estimates regarding the productive potential and to its utilization, the drafting or updating the plan of mobilization of national economy;
  

c) prepare programmes relating to supplying the population with foodstuffs and industrial consumer goods, under the rationalization thereof, to meet the needs of living of the population, in case of war or mobilization.
  


Article 41 the Ministry performs the following specific duties: a) the draft State budget for the first year of the war;
  

b) includes, in the annual State budget draft, the funds required to carry out programmes, measures to prepare for the territory's economy and defense.
  


Article 42 ministries, on the basis of the Government's economic programs, meet, each in its field of activity, the following specific tasks: a. in the industry) develops plan activities and branches of industrial processing and extracting subramurilor to war, pursuing the priority needs of the defense forces, national system of national economy and population;
  

b) correlates the use of resources in order to ensure that officials of the national economy;
  

(c) measures to ensure) establish continuity in the functioning of the electricity producers and the national power system stability as a whole, in the mobilization and war.
  

B. transport of) transportation plan elaborate activities in war;
  

(b) measures relating to) establish protection mode and bringing in land transport vehicles flying apart borders;
  

(c) training objectives include) operations, approved the Supreme Defence Council, the country's development programmes and improvement of transport.
  

C. In the telecommunications field to plan elaborate activities) telecommunications at war;
  

b) establish insurance plan telecommunications links in international traffic;
  

c) included in development programmes, and improve telecommunications stock training objectives, approved by the Supreme Council of Defense of the country.
  

D. in the field of labour and social security to draw up the plan of use) resource mobilization and work to keep track of their war, in territorial aspect, and take measures to cover shortfalls, by redistributing locally;
  

b) distributes, through its territorial bodies, the extra human resources in order to carry out certain services in accordance with the law.
  

E. health care) health care plan shall be prepared by the mobilization and war;
  

b) organizes medical assisting civilian populations and hospitalization and patients evacuated the wounded from the military hospitals of the campaign;
  

c) take measures to ensure sanitary materials pharmaceuticals;
  

d) organise medical aid to the victims of military action.
  

F. Agriculture and food has) action plan elaborates the technical and organizational measures for the public and private sectors so as to permit the continuation of the agricultural works to war;
  

b) establish measures to ensure the main agri-food products intended for the forces of national defense system and the needs of the population living in conditions of war;
  

c) organizes and coordinates the activity of the veterinary services and phytosanitary protection.
  

G. trade and tourism) shall draw up the plan for the Organization and conduct of activities of the economic entities from the public and private sector to war;
  

b draw up programs outlets), by introducing a system of distribution to the population rationalizat of the main food and nonfood-based cards and ration.
  

H. in the field of public works and town and country planning to) public works Plan elaborates and landscaping in the mobilization and war;
  

b) shall provide and coordinate training goals of the defence contained in the plans for landscaping;
  

c the objectives of integration) training territory for defense in public works programs;
  

d) develops variations of using machinery belonging to traders to resort to intervention targets damaged vital importance, in order to restore their activity to war.
  


Article 43 Prefectures, county councils and the local councils shall meet, each in its field of activity, the following specific duties: a) organizes, coordinates and lead training activities in the economy of the territory and the defence of public services decentralized of ministries and other bodies of public administration in administrative-territorial units;
  

b) take measures and create conditions for the realization of the objectives set, guiding local businesses to develop their own programmes of activity in contingencies, as provided by law, the mobilization and war;
  

c propose the inclusion of objectives) to prepare the territory for Defense investment programs current and prospect of County and local councils, pursuing them;
  

d) establish sources of supply and follow the way settling insurance claims with material goods and services required by military units in the mobilization plan garrison;
  

e) shall draw up programmes of agri-food products and industrial to be distributed rationalizat in special situations prescribed by law;
  

f) ensure, through businesses in the County, cazarmamentul, materials, premises and means of transport required medical-sanitary formations intended to be set up in contingencies, as provided by law, and outreach;
  

g) do proposals for drawing up a plan for the evacuation of the population and the national heritage, archives, and other material values of national interest and ensure the necessary means of transport, accommodation and storage facilities;
  

h) draw up and keep track of intervention means that will be used in special circumstances, as provided by law, or to war, setting tasks and how to use them.
  


Article 44 the ministries, other central public administration authorities and local economic agents and social institutions fulfil any other tasks determined by law or other normative acts that regulate its activity in the field of national economy and territorial defence.


Article 45 businesses and social institutions of any kind have an obligation to take measures for carrying out tasks in the field of defence. To this end, they will adapt the organizational structure to function in the event of mobilization or war, using the full potential of human and material resources.


Article 46 heads of central public administration authorities and local leaders, as well as any economic or social institutions are responsible, each in its field of activity, carrying out tasks delegated to them on line for the preparation of national economy and territorial defence. To this end, their subordinate works specialized organs manned civilian and military, dimensioned according to the volume and complexity of the activities, established by decision of the Government.
The prefectures, specialized organs are decentralised departments of the Central Office for special problems.
Those authorities shall submit to the leaders of the Parliament, the Supreme Council of Defense of the country or, where appropriate, Government reports on the State of this activity, whenever it is requested.


Article 47 ministries, county councils, municipal, city and municipal government, as well as the boards of the economic agents will analyze, on an annual basis and whenever it's needed, how they are fulfilled the tasks incumbent on the line in preparation for the national economy and defence of its territory and will determine measures to be taken.


Article 48 the ministries, other central public administration authorities and local public institutions and economic agents are required to submit to the Central Office for Special Issues data and information on human and economic potential of these in order to carry out the tasks delegated to them by the law.


Chapter 6 Sanctions violation of article 49 of this law shall entail criminal liability, administrative, civil or administrative, as appropriate.


Article 50 constitutes the offence, if they are not committed in such circumstances that, according to the criminal law, be considered as criminal offences the following acts: (a) improper preservation capacity) and mobilization reserves;
  

(b) non-compliance with the conditions laid down in) the opinions given by law enforcement agencies;
  

c) prevent, in any form of control bodies to exercise their powers;
  

d) neintocmirea or drawing up of documents containing erroneous data or elaboration of the work set out in the regulatory acts and methodologies;
  

e) violation of rules of refreshing perishables accumulated in the reserve mobilization;
  

f) refusing to provide data and information relating to their own activities;
  


g) refusal to constitute, maintain and freshen up intangible stocks.
  


Article 51 Offences referred to in articles. 50 lit. a), b), e) and (g)) shall be imposed with a fine from 2,000,000 to 10,000,000 lei lei, while those in (b). c), d) and (f)) with fine of 500,000 lei lei to 4,000,000.


Article 52 Finding contraventions and sanctions shall be established by decision of the Government.


Article 53 article 51-53 is complete with the provisions of law No. 32/68 on the establishment and sanctioning violations.


Chapter 7 final provisions Article 54 entry into force of the present law shall repeal any provisions to the contrary.


Article 55 this law enters into force on its publication in the Official Gazette of Romania.
This law was adopted by the Senate at its meeting on 19 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on 21 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. GILBERT CHAMBER of DEPUTIES PRESIDENT R — — — — — — — — — — — — — — — — — — — — —