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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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LEGE No 73 of 5 July 1995 on the preparation of the national economy and defence territory
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 145 of 12 July 1995



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The preparation of the national economy and territory for defense is part of the national defense and is based on the provisions of the Constitution and the principles of the military defense doctrine of Romania. This includes the set of measures and actions that are established and carried out from time of peace in order to capitalize on the economic and human potential of the country to meet the needs of defense and ensure the continuity of activities economic and social in case of mobilization or war. + Article 2 The development of measures and actions, as well as the coordination and control of activities aimed at preparing the national economy, the territory for defence and for national mobilization shall be ensured by the public authorities, according to established by the Constitution and laws of the + Article 3 The Supreme Council of Defense of the Country analyzes and approves the draft plan to mobilize the national economy and the draft state budget for the first year of war. + Article 4 The government is responsible for the preparation of the national economy and the territory for defence and ensures the application of the measures related to these areas, according to the law, to the decisions of the Parliament and of the Supreme Council of National Defence a) organize, coordinate and control the activity of the ministries and other bodies and authorities of the public administration in connection with the tasks related to the preparation of the national economy and the territory for defense; b) elaborates, in peacetime, the draft plan to mobilize the national economy and the draft state budget for the first year of war; c) establishes the obligations of ministries, public administration authorities and economic agents through the plan to mobilize the national economy and takes measures to ensure the necessary materials and services to the forces of the system national defense and population, at war; d) develop current and prospective programmes on the preparation of the national economy and the territory for defence; e) take measures to implement the budgetary provisions on financial and material resources necessary to prepare the national economy and the territory for defence; f) establishes measures of transition from the current economic program to the implementation of the plan to mobilize the national economy and aims to achieve them; g) coordinate the research, assimilation, production and technical-material insurance activities aimed at equipping the forces of the national defense system; h) performs any other duties established by law in this field. + Article 5 In order to carry out the duties of the Government on the preparation of the national economy and the territory for defence, under its command the Central State Office for Special Issues, framed with military specialists and civilians. The organization, operation and attributions of the Central State Office for Special Issues shall be established by Government decision. + Chapter 2 Preparation of the national defence economy + Article 6 In order to ensure the demands of products and services necessary for the forces of the national defense system, as well as the needs of the national economy and the population at war, the Central State Office for Special Issues elaborates to mobilize the national economy for the first year of war. + Article 7 The draft plan to mobilize the national economy includes the tasks of ministries, other public administration authorities, economic agents and public institutions to ensure the needs of the forces of the national defense system, the national economy and the population for the first year of war, as well as the resources to be used for this purpose. The Ministry of Finance, based on the draft plan to mobilize the national economy, develops the draft state budget for the first year of war. + Article 8 Ministries, other public administration authorities, economic agents, public institutions and social institutions have the obligation to take peacetime measures to carry out their tasks from the plan to mobilize the economy national, sent by the Central State Office for Special Issues, in the areas that concern them. To this end, they shall draw up the necessary documents for the preparation of + Article 9 The measures to prepare the national defence economy, which are carried out in peacetime, are contained in current and prospective programmes and relate to: establishment, creation and retention of capacities and mobilisation reserves, updating documentation, drawing up studies, foundation notes, as well as other actions that will be appreciated as necessary. + Article 10 The plan to mobilize the national economy and the draft state budget for the first year of war are updated as many times as needed. + Article 11 The implementation of the plan to modernize the national economy and the execution of the state budget for the first year of war is approved by the Parliament, at the proposal of the Supreme Council of Defense of the Country. + Article 12 Economic agents and public institutions, according to their obligations in the plan to modernize the national economy and from current and prospective programs, establish, create and preserve, from time of peace, capacities and reserves of mobilisation necessary to carry out those tasks + Article 13 It is mobilisation capacities: a) in the industry: the research and production capacities established and prepared for the purpose of manufacturing or repairing, in mobilization or at war, of the military technique and materials, as well as those specialized in the realization of collaborations for them; b) in transport and communications: means, installations and related facilities intended to satisfy the transport and telecommunications needs of the components of the national defence system; c) in the field of health protection: hospitals existing in the health network and other places that turn, to mobilization, in indoor area hospitals or in medical-surgical first-aid detachments; research units, laboratories preventive medicine and production; pharmaceutical companies intended to provide medical-sanitary assistance to the injured and sick from the forces of the national defense system, as well as to the victims of war among the population; d) in the field of administration of national reserves: 30% of the storage area. + Article 14 Mobilization capacities can be used, in peacetime, temporarily, and for other activities, with the opinion of the Ministry of National Defence and with the approval of the Central State Office for Special Issues, following that they be brought back to their destination initial no later than 30 days after the declaration of mobilization or the state of war. Economic agents and public institutions have the obligation to maintain the equipment and installations in the modernization capacities used under the provisions of the previous paragraph to the normal operating parameters. The modernization capacities that are not used are preserved, with the opinion of the Central State Office for Special Issues and the Ministry of Finance. + Article 15 The change in the profile of production capacities, defined as mobilization capacities, is made by the decision of the Supreme Council of National Defence, at the proposal of the Central State Office for Special Issues, endorsed by the Ministry of Defense National, based on the request of the economic operator concerned. + Article 16 The technical documentation necessary to carry out the military products provided for in the plan of mobilization of economic agents shall be ensured under the conditions established by Government decision and shall be constituted as a mobilization + Article 17 The mobilization reserves are state public property and comprise: a) in the industry: raw materials, materials, semi-finished products, sub-assemblies and completion elements, strictly specialized machinery, tools, devices, verifiers and other necessary materials in the manufacturing and repair process; b) in transport and communications: materials intended to restore and maintain in a state of operation the transport and telecommunications capacities necessary to ensure the needs of the forces of the national defense system; c) in the field of health protection: sanitary materials-pharmaceutical supplies, raw materials and materials necessary for the manufacture of pharmaceutical products, equipment, medical instrumentation and other materials necessary to complete the endowment of units medical-sanitary existing in the network, as well as those that are created at war; d) in the field of trade: food and industrial products necessary to ensure the requests of military units, requested locally, to mobilize. + Article 18 National material reserves, constituted and administered according to the law, assimilate to the mobilization reserves as follows: in peacetime, for the quantities constituted as intangible stocks intended for the needs of the army and defense industry, and in time of war, for stocks existing in deposits on that date. + Article 19 The mobilisation reserves shall, as a rule, contain products which are difficult to supply or with a long manufacturing cycle, which shall be ensured from domestic or imported production. The nomenclature and the levels of establishment of the mobilisation reserves shall be approved by the Supreme Defence Council of the Country with the mobilisation plan and shall be updated annually by the Central State Office for Special Issues. The annual levels of material formation in mobilization reserves shall be dimensioned by the Central State Office for Special Issues, in relation to the priorities submitted by the Ministry of National Defence. + Article 20 The conditions for the establishment, creation and retention of mobilization capacities and reserves, as well as the intangible stocks of products requested by the garrison mobilization plans, shall be governed by decision of the Government. + Article 21 Economic operators and public institutions to which mobilization reserves are created are required to ensure their separate management and storage of materials for current activities. The storage and handling of the materials shall be made in accordance with the provisions of the instructions and the rules + Article 22 In order to avoid the degradation of raw materials, materials and depreciable products from the mobilization reserve, economic agents and public institutions have the obligation to take technical storage and storage measures, as well as to refresh them at time and systematically, according to the own annual plans approved by the Central State Office for Special Issues and the Ministry of National Defence. Those that cannot be refreshed shall be kept in reserve until the limit of validity or storage provided in the instructions is reached, after which they are removed for recovery or scrapping, according to the legal norms in force. + Article 23 The removal in the form of loan of products from the mobilization reserves is made, exceptionally, by Government decisions, initiated by the interested ministries, with the prior opinion of the Central State Office for Special Issues and the Ministry of National Defence. + Article 24 The definitive removal and valorization of the products from the mobilization reserves are made as a result of the modification of the tasks in the mobilization plan for which they were constituted or the manufacturing technologies, with the approval of the Central State for Special Issues and the opinion of the Ministry of National Defence + Article 25 The materials from the mobilization reserve can also be used to remove the consequences of natural calamities or catastrophes, by Government decision, to the proposals of the interested ministries, endorsed by the Central State Office for Special Issues and the Ministry of National Defence. The mobilization reserve is completed within the deadlines established by Government decision. + Article 26 Providing the necessary workforce to implement the plan to mobilize the national economy is done by using personnel without military obligations and by mobilizing at work specialists with military obligations, strictly necessary, under the conditions established by Government decision. + Article 27 In order to know the existing material resources in national material reserves, which may be taken into account in carrying out the tasks of the annual mobilization plan, the National Administration of the Materials Reserves shall communicate to the Central State for Special Issues the situation of stocks, according to the classification of the respective products. + Article 28 In order to ensure the needs of military units to mobilize, economic agents, regardless of the form of ownership, are obliged to make available to them, under the law, the products and services requested by the mobilization plan of garrison. The insurance of the products will be made from the current stocks existing in the deposits of the relevant economic agents, at the date of declaration of mobilization, as well as from the intangible stocks constituted for this purpose, financed from the state budget. + Article 29 At the request of the Ministry of National Defence, the Ministry of Interior and other ministries with tasks for defense, economic agents are obliged to keep in custody the perishable products necessary for war. The technical conditions regarding the preservation, exchange and payment of the related tariffs are established by contract between economic agents and authorized representatives of beneficiaries according to the Government decision. + Chapter 3 Preparing the territory for defence + Article 30 The objectives of preparation of the territory intended to satisfy the operative needs of the forces of the national defense system shall be established by the General Staff, the Ministry of Interior and the intelligence services, each in its field of activity, and submit to the approval of the Supreme Council of Defense of the Country, by the General Staff together with the Central State Office for Special Issues. The approved objectives are transmitted by the Central State Office for Special Issues to the central body of the public administration specialized in spatial planning, public works and urbanism, to be included in the National Plan of spatial planning and at the relevant ministries, in order to include in current and prospective programs, in order to be realized from time of peace. + Article 31 The objectives of preparing the territory for defence are also included in the plan to mobilise the national economy for the first year of war + Article 32 Measures to prepare the territory related to the protection of citizens, material goods of any kind, as well as those belonging to the national cultural heritage of Romania, against the effects of mass destruction weapons, means arson and conventional weapons, are established and carried out according to the law of civil protection. + Article 33 The responsibility for the implementation, operation and maintenance of the objectives of preparation of the territory for the defense lies with the relevant ministries and public administration authorities, depending on the specific objective. + Chapter 4 Financing the preparation of the national economy and defence territory + Article 34 The funds necessary for the implementation of measures and actions on the preparation of the national economy and the territory for defence shall be allocated from the state budget. Central and local public administration authorities annually request these funds to the Ministry of Finance, with the opinion of the Central State Office for Special Issues. The foundation of the funds that are allocated from the state budget for the preparation of the national economy and the territory for defense is done by the ministries and the other central and local public administration authorities, based on the requests the economic operators concerned. + Article 35 The Central State Office for Special Issues coordinates, endorses and exercises control over how funds intended to prepare the national economy and territory for defense are used, which are made available to ministries, the other authorities of the central and local public administration and economic agents by the Ministry of Finance, aiming to establish and use them in strict accordance with the actions for which they were allocated. + Article 36 The financing of actions to prepare the national economy and the territory for defense and the preparation of the draft state budget for the first year of war shall be carried out according to the norms and instructions elaborated by the + Article 37 The expenses related to the elaboration and updating of the own works of preparation of ministries, central and local public administration authorities, economic agents and social institutions for defense shall be borne from their budgets. + Chapter 5 Duties of ministries, prefectures, county councils, local councils and economic agents on the preparation of the national economy and the territory for defence + Article 38 Ministries, prefectures, county and local councils, according to the competences, each in its field of activity, meet the following general duties: a) develop proposals for the draft plan to mobilize the national economy and for the draft state budget for the first year of war and take measures to prepare the national economy in order to ensure the needs of the forces the national defence system, the economy and the population in mobilisation or war; b) establish, create and maintain the capacities and reserves of mobilization, through current and prospective programs and request the financial funds necessary to achieve them; c) draw up, on the basis of the framework methodology developed by the Central State Office for Special Issues, working methodologies related to the preparation of economic mobilization of economic agents from their own system and coordinate their activity; d) take measures to achieve the objectives of preparation of the territory for defense, approved by the Supreme Council of Defense of the Country. + Article 39 The Ministry of National Defence, the Ministry of Interior and the intelligence services transmit to the Central State Office for Special Issues requests for products and services necessary to the war, in accordance with the methodologies established in this regard. In order to ensure mobilization, locally, with products and services necessary for military units, their requests are transmitted by the garrison plan, to the county councils. + Article 40 The specialized bodies, which elaborate the economic program of the Government, meet the following main specific tasks: a) elaborates, together with the Central State Office for Special Issues, the economic program for the state of mobilization or war; b) design the strategy on refocusing the branches of the national economy on the basis of estimates of the productive potential and its use, in order to develop or update the plan to mobilize the national economy; c) prepare programs on the supply of population with agri-food products and industrial consumer goods, in the conditions of their rationalization, in order to meet the living needs of the population, in case of mobilization or war. + Article 41 The Ministry of Finance performs the following main tasks a) elaborates the draft state budget for the first year of war; b) includes, in the draft annual state budget, the funds requested for the realization, through current programs, of the measures to prepare the economy and the territory for defense. + Article 42 The ministries, based on the economic programs of the Government, meet, each in its field of activity, the following main specific tasks: A. In the industry a) elaborates the plan on the activities of extractive and processing industrial branches and sub-sectors, aiming at ensuring with priority the needs of the forces of the national defense system, the national economy and the population; b) correlate the use of resources to ensure the functioning of the national economy c) establish measures to ensure continuity in the operation of electricity producers and the stability of the national energy system as a whole, in mobilisation and war. B. In the transport sector a) develop the plan of transport activities in the war; b) establish measures on how to protect and bring to the country the means of transport outside the borders; c) include the objectives of operative preparation of the territory, approved by the Supreme Council of Defense of the Country, in the programs of development and improvement of transport. C. In the field of telecommunications a) elaborates the plan of telecommunications activities at war; b) establish the plan to ensure telecommunications links in international traffic; c) include in the telecommunications development and improvement programs the objectives of operative preparation of the territory, approved by the Supreme Council of Defense of the Country. D. In the field of labour and social a) elaborates the plan for the use of labor resources to mobilize and to war, keep their records in territorial aspect and take measures to cover deficits, by redistributing locally; b) allocate, through the relevant territorial bodies, the surplus of human resources in order to carry out services under the law. E. In the field of health protection a) develop the plan on health protection for mobilization and war; b) organize the provision of medical assistance to the civilian population and hospitalization of wounded and sick evicted from military field hospitals; c) take measures to ensure sanitary-pharmaceutical materials; d) organize the medical assistance of victims of military actions. F. In the field of agriculture and food a) elaborates the plan of technical-organizational measures for the public and private sector that allow the continuation of agricultural works to war; b) establish measures to ensure the main agri-food products for the forces of the national defense system and the living needs of the population in conditions of war; c) organizes and coordinates the activity of veterinary and phytosanitary protection services. G. In trade and tourism a) elaborates the plan on the organization and conduct of activities of public and private sector economic agents; b) elaborates programs for the sale of goods, by introducing the streamlined system of distribution to the population of the main food and non-food products on the basis of cards and rations. H. In the field of public works and spatial planning a) elaborates the plan on public works and spatial planning on mobilization and war; b) take measures and coordinate the achievement of the objectives of preparation of the territory for defence contained in the spatial planning plans; c) pursue the integration of the objectives of preparation of the territory for defence in public works programmes; d) elaborates variants of the use of machinery from the endowment of competent economic agents for interventions to the objectives of vital importance damaged, in order to restore their activity to war. + Article 43 Prefectures, county councils and local councils meet, each in its field of activity, the following main specific tasks: a) organize, coordinate and conduct the activities of preparation of economy and territory for defense from the fields of decentralized public services of ministries and other specialized bodies of public administration in administrative-territorial units; b) take measures and create conditions for achieving the established objectives, directing local economic agents to prepare their own activity programs in special situations, provided by law, to mobilize and to war; c) propose the inclusion of objectives of preparation of the territory for defense in the current and prospective investment programs of the county and local councils, following their realization; d) establish the sources of supply and follow the way of settling the insurance claims with material goods and services requested by the military units to mobilization through the garrison plan; e) prepare the programs of supply of agri-food and industrial products to be distributed rationalized in special situations provided by law; f) ensures, through the economic agents of the county, the premises, the barracks, the materials and means of transport necessary for the medical-sanitary formations provided to be established in special situations, provided by law, and to mobilization; g) make proposals for the preparation of the plan to evacuate the population and goods of national heritage, archival, material and other values of national interest and organize the provision of necessary means of transport, accommodation and storage; h) draw up and keep records of the means of intervention that will be used in special situations, provided by law, or at war, establishing the tasks and how to use them. + Article 44 Ministries, other central and local public administration authorities, economic agents and social institutions shall perform any other tasks established by law or other normative acts governing the activity in the field of preparation of the national economy and territory for defence. + Article 45 Economic agents and social institutions of any kind have the obligation to take measures to carry out their tasks in the field of defence. To this end, they will adapt their organizational structure to function in case of mobilization or war, using the full material and human potential available to them. + Article 46 The heads of the central and local public administration authorities, as well as the leaders of any economic agents or social institutions, shall respond, each in their field of activity, to carrying out the tasks assigned to them national economy and territory for defence. To this end, the specialized bodies classified with civil and military personnel, sized according to the volume and complexity of the activities, established by Government decision, operate under them. At prefectures, the specialized bodies are the decentralized services of the Central State Office for Special Issues. The leaders of the respective authorities present to the Parliament, the Supreme Council of National Defence or the Government, as the case may be, reports on the state of this activity, whenever required. + Article 47 The ministries, county, municipal, city and communal councils of the public administration, as well as the boards of economic agents will analyze, annually and whenever needed, how the tasks are performed. return to the national economy and the defence territory and to establish the necessary measures. + Article 48 Ministries, other central and local public administration authorities, public institutions and economic agents are required to submit to the Central State Office for Special Issues data and information on the economic and human potential of them in order to carry out their tasks, according to the law. + Chapter 6 Sanctions + Article 49 Failure to comply with the provisions of this law attracts criminal, contravention, administrative or civil liability, as appropriate + Article 50 It constitutes contraventions, if not committed under such conditions that, according to the criminal law, to be considered crimes, the following facts: a) inadequate retention of mobilisation capacities and reserves; b) non-compliance with the conditions provided in the opinions given by the law c) preventing, in any form, the control bodies from exercising their duties; d) non-preparation or preparation of documents containing erroneous data or partial elaboration of the works provided for in the normative acts and methodologies in force; e) non-compliance with the provisions of the refresh rules of perishable products accumulated in the mobilization reserve; f) refusal to provide data and information on its own activity; g) refusal to constitute, preserve and refresh intangible stocks. + Article 51 The contraventions provided in art. 50 lit. a), b), e) and g) are sanctioned with a fine from 2,000,000 lei to 10,000,000 lei, and those from lit. c), d) and f) with a fine of 500,000 lei to 4,000,000 lei. + Article 52 The finding of contraventions and the application of sanctions shall be established by Government decision. + Article 53 Art. 51-53 are completed with the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. + Chapter 7 Final provisions + Article 54 On the date of entry into force of this Law any contrary provisions shall be repealed. + Article 55 This law enters into force on the date of its publication in the Official Gazette of Romania. This law was adopted by the Senate at the meeting of June 19, 1995, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of June 21, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU ---------------------