LAW No. 134 of 29 December 1995 (* updated *) oil law (updated until 11 February 2004 *)-PARLIAMENT ISSUING — — — — — — — — — — *) originally was published in MONITORUL OFICIAL NR. 301 of 29 December 1995. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until February 11, 2004, with amendments and additions to: EMERGENCY ORDINANCE nr. 217 of 29 December 1999; EMERGENCY ORDINANCE No. 6 of 18 February 2000 rejected by law No. 294 on June 5, 2001; Law No. 189 of 17 April 2001; JUDGMENT No. 1,152 of 21 November 2001; EMERGENCY ORDINANCE No. 47 of 11 April 2002; Law No. 606 of 22 December 2003.
Romanian Parliament adopts this law.
Chapter 1 General provisions Article 1 the oil Resources are located in the basement of the country and the continental shelf of the Black Sea, Romanian enclave in accordance with the principles of international law and regulations from international conventions to which Romania is a party, are the subject of public property and belong to the Romanian State.
Oil represents the combustible mineral consisting of mixtures of natural hydrocarbons, accumulated in the Earth's crust and that, in terms of surface area, is the gaseous form of gas or liquid in the form of crude oil and condensate.
Natural gas comprise gases in deposits of methane gas dissolved in the crude oil, the associated gas work, head of crude oil as well as gas resulting from the extraction or separation of liquid hydrocarbons.
Article 2 for the purposes of this law, the terms and expressions below are defined as follows: a) is a natural zacamint hydrocarbon accumulation, unitary or separate valorificabila from technically or economically feasible;
b) exploration studies and Assembly designates operations that are carried out for the geological conditions of oil reservoirs and covers prospecting phase identification, estimation, quantitative work and quality thereof, as well as determining the technical and economic conditions of use;
c) designates a whole development of the work consist in carrying out probes of mining, construction and installation of specific installations, equipment and other necessary extraction units, transportation, treatment and storage of oil;
d) exploitation means the ensemble of works performed to and from the surface for oil extraction, capture, processing and its transportation to the place of delivery within the territory of Romania; the term also includes transport conduits;
e) perimeter exploration and/or exploitation represents the appropriate area on the surface of the projection of the Earth's crust in the side contour within which a range of depth, exploration works are carried out, respectively, as well as surfaces for petroleum exploitation activities, outside of this areas;
f) petroleum operations means activities relating to the Assembly and the exploration, development and exploitation of a zacamant oil, inmagazinarea, transport and transit of oil main pipelines, oil terminals and operation;
g) Book-keeping jobs is the tool that encompasses the totality of the legal documents of any kind relating to an area tanker or in connection with it, as well as all the data concerning land ownership, topographic situation of perimeter and all existing works and oil facilities within it, to the reserves and production of chemicals;
h) National Agency jurisdiction is Authority for mineral resources, the agency that represents the interests of the oil resources of the State;
I) agreement means any petroleum act ended, according to the provisions of this Act, the jurisdiction and Authority between a Romanian or foreign legal person, with the petroleum operations;
j) holder means any Romanian or foreign legal person authorized to carry out petroleum operations under an agreement on petroleum;
k) oil concession is granted by State law through the legal competence of the Authority of a person to perform operations on the basis of an agreement on oil tanker;
concessionaire-holder) which he was awarded the concession for petroleum;
m) royalty oil represents amount due by the holders of petroleum agreements of the State budget, according to the law, to carry out the activity of running a zacamant petroleum and for the use of the goods necessary for the transport and transit of oil main pipelines, oil terminals and operation that are in the public domain.
n) gross production oil quantities of crude represents condensed natural gas extracted from zacamint after passing through the separation facilities and treatment.
— — — — — — — — — — — — the letters f) and m) of art. 2 were amended by EMERGENCY ORDINANCE nr. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002.
The letters f) and m) of art. 2 has been modified by law nr. 606 of 22 December 2003, published in Official Gazette No. 1 of 5 January 2004.
Article 3 petroleum Operations shall be carried out by legal entities, Romanian or foreign, in accordance with the law.
Article 4 petroleum Operations shall be carried out only in premises set up for this purpose by the competent authority of the jurisdiction.
Article 5 all data and information, regardless of method of storage, obtained as a result of carrying out of operations on the Romanian petroleum resources, determined pursuant to article 51. 1 (1). 1, the Romanian State owned.
Article 6 the works of development and exploration of oil deposits can be executed only for reservations confirmed by the competence of the Authority, in accordance with the rules established by it, taking into account the international practices.
Article 7 access to the land necessary to carry out petroleum operations shall be in accordance with the law.
Petroleum operations to be carried out within the limits of the perimeter of exploitation constitutes public utility works, and land required for these operations, as well as buildings located on such land may be subject to expropriation for public utility cause, according to the law.
Land required for petroleum operations conducted outside the perimeter, other than those declared in the public interest referred to in the preceding paragraph, and the land required for mining works and any other operations that they involved, including those concerning the exploitation and protection of the national system of oil shall be granted, in favor of the holder of a right of operations, legal servitude.
Exercise of the right of legal servitude established by paragraph 1. 3 it makes against the payment of an annuity on an annual basis by the owners of the land affected by it.
Servitutii legal duration established at para. 3 is that of oil operations, and land to be affected will be determined, in respect of the surfaces and the owners, and the principle of the smallest possible brought touches of ownership.
Access to land affected by legal rights mentioned in paragraph 1. 3 is established through negotiations between the holder of the petroleum operation and land owners in compliance with the principle of equal treatment and fairness.
Any dispute between holders of petroleum operations and land owners shall be settled by the competent court of law courts, according to the law.
If the State sells goods expropriated under the conditions of paragraph 1. 2, former owners or, where appropriate, their successors have a right of preemption, where the goal will be notified about the conditions of sale, administrative way or through advertising.
Article 8 of the National Transportation System of oil is part of the public domain is of national interest and importance of strategic.
In the national system of oil include pipes lines that ensure collection of oil extracted from the perimeters of exploitation or from import and his stewardship of the teaching by producers at the processing units, centres of distribution and consumption or for export as well as all the installations, equipment and facilities attached to them.
The operation of the national system of oil transportation is done by specialized units that will provide services to beneficiaries in exchange rates determined by the competence of the Authority, under equal conditions for all producers.
In order to ensure the maintenance of a national system of transport of petroleum and to eliminate the appearance of possible hazards in the operation thereof shall be established by the protection and security zones, in accordance with the technical norms and specific contraindications must be approved by the Authority's competence.
Units which deals with carriage by pipeline shall be entitled to carry out works of interventions with the announcement of the pipeline only to the owner of the land. Compensation for the interventions carried out in the event of damage shall be determined at a later stage, through negotiations with the landowner.
Chapter 2 implementation scheme worth of petroleum resources Article 9 oil Resources are put in value through petroleum operations, in which purpose they are given in the administration of the autonomous public corporations or concesioneaza by the jurisdiction, according to the law.
The duration of the concession may not be longer than 30 years.
In the phase of prospecting, exploratory works can be executed only on the basis of permits issued by the jurisdiction.
Article 11 establishes the jurisdiction Authority annual list of who are in management or concession and publish it in the Official Gazette of Romania.
Article 12 the initiative lies with licensees and persons can be the Romanian or foreign legal entities which is proof of the interest being granted the right to carry out petroleum operations under this system.
Initiative report under management or concession belongs to the competent authority.
Initiative report request under management to autonomous public corporations belong to the operations.
Article 13 entry into concession or under management is achieved through the agreement signed by the Petroleum Authority's competence with the Romanian or foreign legal entities.
The purpose of the Romanian legal entities, licensees and/or foreign will be selected through a public call for tender.
In their tenders, tenderers shall provide proof of financial standing and technical competence to fulfill the services, as they are proposed by the public call for tender.
Petroleum agreement ends in written form and shall enter into force upon approval by the Government.
Petroleum Agreement remain valid throughout the duration of the conditions existing at the time of conclusion.
Article 14 the start of operations in the Petroleum Administration in his honor or concession shall authorize, in writing, of the competence of the Authority.
Article 15 foreign legal persons who have acquired the right to carry out petroleum operations are obliged, within 90 days from the date of entry into force of the oil tanker, to establish and maintain, throughout the duration of the concession and agreement on conditions oil, in a branch or a subsidiary in Romania.
Where two or more foreign partners acquired oil rights in respect of the same perimeter, establishing and maintaining a branch or subsidiary in Romania returns only the company designated to represent their interests.
Article 16 the holder of a petroleum agreement may transfer to another person of legal rights acquired and undertaken only with oblibaţiile written approval of the competent authority.
Any transfer made without approval is hit by invalidity.
Article 17 within a perimeter of oil exploration or exploitation rights may be granted, in accordance with the law, legal persons, other than the holder of the petroleum right agreement for exploration and/or mining for minerals, other than those referred to in article 1. 1, provided that such activities not adversely affect oil operations.
Article 18 the right obtained by putting into administration or in the concession is a right distinct from the ownership of land and cannot be in any way affected by the holder for the benefit of any third party.
Article 19 the administration or the right stops: a) through expiry for which authorization was granted;
b) by giving up by the holder of the petroleum agreement, under the conditions laid down in article 21. 21;
c) by withdrawing the concession by the administration or the competence of the Authority, in accordance with the provisions of art. 22, 23 and 24;
d) in the case of survenire by events constituting force majeure causes, as defined in the agreement on oil, and that make impossible the definitive initiation or, where appropriate, continuation of the petroleum operations.
Article 20 or the right Administration ceases at the expiration date of the agreement, if no tanker has been extended by the parties before expiry and getting Government approval, according to art. 13(2). 4. Article 21 of the agreement Holder tanker can quit it if at the date of notification, the authority shall have jurisdiction over all meets the following conditions: (a) (b) cumulatively) shall provide the competent authority with all the documentation regarding the work done up to date renouncing the notification, and the analytical results;
b) make available to the competent authority the amount representing the counterpart of the work set out in the minimum programme of exploration established by the petroleum and mining, development and maturity from the date of the notification and all reasons neexecutata attributable to the holder of the petroleum agreement.
Jurisdiction authority check the fulfilment of the conditions laid down in paragraph 1. 1. within 60 days of the date of notification, disclaiming.
The fulfillment of the 60 days referred to in paragraph 1. 2 petroleum agreement is terminated if the competence of the Authority to refuse or, this being obligated to issue the decision on termination of the concession, administration or with effect from the date of fulfillment of the term.
In case of refusal of the competent authority, the holder may request the judicial or arbitral court, where appropriate, to fulfill the conditions of termination of the petroleum agreement unilaterally.
Where the arbitral court or find fulfilling conditions of termination of the agreement, unilateral Petroleum Authority jurisdiction issue decision on termination of administration or concessionaires, with effect from the date of raminerii final and irrevocable judgment.
Article 22 jurisdiction Authority may withdraw the concession administration or when the holder of the petroleum agreement, despite sanctionarii contraventionale and/or notification of what was done, even after 30 days from receipt thereof: a)-oblibaţiile and meets commitments with respect to the term start of petroleum operations;
b) don't realize the minimum volume of works or of expenditure provided for in the agreement on oil tanker for a date and period expired;
c) continue work on restriction for a period exceeding 30 days without the consent of the competent authority;
d) uses methods or technologies, other than those approved by the Authority's competence;
e) petroleum operations run without authorization.
Article 23 Authority administration or the right to withdraw jurisdiction when it finds that the holder of the petroleum agreement: to comply with a decision) not judicial or arbitral courts with regard to petroleum operations;
b) shall be subject to the procedure of liquidation through judicial proceedings;
c) knowingly provides the competent authority with data and false information about its operations or violates the terms of oil privacy set out in the agreement on oil tanker;
d) did not respect a clause provided for in the agreement on oil, with the penalty of withdrawal or concession;
e) tangible assets, the performance of the petroleum operations, the possibility of future exploitation of the deposit or in breach of the rules regarding the protection and exploitation of the work, the rules concerning environment protection times.
Article 24 Withdrawal management or petroleum concession by any of the grounds referred to in article 1. and article 22. 23 effect upon the holder of the petroleum agreement after fulfillment of 30 days from the date of notification made by the competence of the Authority.
Within the limits of the time limit set in paragraph 1. 1 the holder of the petroleum agreement may request judicial or arbitral court, where appropriate, the cancellation of the withdrawal measure of administration or petroleum concession.
At the request of the holder of the petroleum agreement with the competent Authority and the hearing, the Court may order the suspension of the measure until the final revocarii raminerea judgment.
Article 25 in the case of the occurrence of an event referred to in art. 19 lit. (d)), the holder of the agreement of the competent Authority notify petroleum situation, within 15 days after the event, with the presentation of documents issued by certificind force majeure legally authorized by the Court for this purpose. Termination of administration or petroleum concession effect after 30 days from the date of notification of major force.
If the term limit of 30 days referred to in paragraph 1. 1, the competence of the Authority will notify the holder of the petroleum agreement or refusal to accept the event raised by the owner as a constitutive force majeure circumstance, provoking permanent impossibility of initiating or pursuing petroleum operations execution, its neimputabila, the holder of the petroleum agreement may apply to the Court or Court of arbitration, if necessary, the unilateral termination of the agreement the cancelation of the tanker for the force majeure, without the obligation to pay damages.
In the event of termination of the agreement the dissenting oil tanker, after raminerea final judgment or arbitration, if necessary, the competence of the Authority will issue the decision on termination of administration or petroleum concessionaires, with effect from the date referred to in paragraph 1. 1. Article 26 of Decision termination of administration or petroleum concession shall be published in the Official Gazette of Romania, noting the date of effect and enroll in the oil by the jurisdiction.
Upon the termination of the concession or for any of the causes of oil as referred to in art. 19, operation-with all its annexes and dependencies-passing in State property without any indemnity and free of any duties or tasks, regardless of their nature.
If the administration or the oil concession ceases due to force majeure, in accordance with art. 19 lit. (d)), the pensioner is entitled to compensation under the conditions laid down in the agreement on oil tanker.
Within 3 months of the removal of petroleum concession Authority or jurisdiction shall determine the measures to be taken in relation to the perimeter of the tanker and the related facilities.
The holder of the petroleum Agreement remain held, according to the rules of non-contractual civil liability, to repair damage caused to third parties due to petroleum operations carried out through up-to-date disclaiming, even if such damages are observed after termination of administration or petroleum concession.
Chapter 3 rights and Article 27 of the holder oblibaţiile holder of the tanker agreement the following rights: a), in accordance with the law, from land or from surfaces for petroleum operations, within the limits provided for in the agreement on the tanker;
b) to execute, within the limits of the perimeter, all petroleum operations provided for in the agreement on oil tanker;
c) to use, in accordance with the law, the surface water sources or groundwater for petroleum operations;
d) to dispose of the quantities of oil, according to the petroleum agreement clauses which were not acquired by the Romanian State, including to export;
(e)) precedence, in accordance with the law, to extend the perimeter, where proves the continuity of development of the deposit area beyond the limits of the perimeter originally granted;
f), with the payment of fees and charges, as appropriate, in accordance with the law, the oil pipelines, ports, docks and other facilities of the State, where their use is required to carry out petroleum operations;
g) to mount its own pipeline and installations for transporting petroleum products from separation and treatment stations, at loading ramps and a national system of transport of petroleum products, while complying with the regulations in force;
h) to build roads, bridges and railways needed to carry out petroleum operations and the transport of operating results, in accordance with the law;
I) priority consideration for the exploitation of some minerals, other than oil, discovered through its oil operations, where they may be subject to exploitation and capitalization;
j) to be associated with the agreement of the competent authority, with Romanian or foreign legal entities for the purpose of executing the operations prescribed in petroleum agreements;
k) to receive from the authority of the jurisdiction, under the law, the necessary data for oil operations, to hold and to use this data, as well as those obtained from own operations during the validity of the agreement the tanker.
Article 28 of the agreement Holder has the following obligations: petroleum to) comply with the rules, regulations and instructions issued pursuant to this Act and the provisions of the petroleum agreement;
b) to elaborate, on the basis of the agreement on oil, economic and technical documentation for petroleum operations and submit them for approval to the competent authority;
c) obtain evidence, to keep up to date, and to transmit the time limits fixed all data, information and documents set out the competence of the Authority relating to petroleum operations carried out and the results obtained;
d) to preserve the confidentiality of data obtained from the competence and Authority from their own activities and not to broadcast without its consent;
e) to associate, at the request of the competent authority, with some adjacent areas, where are found through work performed, continuity in hydrodynamics to deposit those premises, to ensure efficient realisation of reserves;
f) to use as a priority, in executing the oil operations, local work force with appropriate qualifications, as well as equipment and materials produced in Romania in terms of competitiveness;
g) for that portion of oil production that is, to give the Romanian state preemption right to purchase it, as stipulated in the agreement on oil tanker;
h) within 60 days after the termination of administration or its licensees by any of the ways set out in art. 19, to carry out the teaching competence of the granted, under the conditions provided for in art. 26 para. 5;
I) meet, within the established terms, the measures ordered in writing by the authority exercising jurisdiction over what the law.
Chapter 4 duties, tariffs and petroleum royalties Article 29 Repealed.
Art. 29 was repealed by EMERGENCY ORDINANCE nr. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002.
Article 30 (1) holders of petroleum agreements are obliged to pay to the State budget of a petroleum royalties.
(2) the Royalty oil is as follows: a) a share is the percentage of the value of extracted crude production, resulting from the activity of exploiting oil deposits as follows: GROSS PRODUCTION ROYALTY ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─% natural gas 10 ^ 6 mc/trimestru ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 3.5% for deposits that produce less than 10% for deposits 7.5 which produce between 10 and 50 9% for deposits that produce between 50 and 200 13% for deposits that produce over 200 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─% crude oil/condensate 10 ^ 3 tons/quarter ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 3.5% for deposits that produce under 10 5% for deposits that produce between 10 and 20 7% for deposits that produce between 20 and 100 13.5% for deposits that produce over 100 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ b) a share of 5% of its gross revenues derived from the work of the transport and transit of oil through pipelines belonging to the main lines of the national system of petroleum and petroleum operations made by petroleum terminals in the public domain.
(3) the Royalty is payable on the day the oil start of petroleum operations and is payable quarterly, with a maturity of the 25th day of the first month of the following quarter.
Art. 30 was amended by EMERGENCY ORDINANCE nr. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002.
Art. 30 was amended by law No. 606 of 22 December 2003, published in Official Gazette No. 1 of 5 January 2004.
Natural gas reinjectate article 31 in zacamint are exempted from paying any taxes and royalties. By gas wells along with crude oil, not used nor recovered by the concessionaire, shall be submitted to the State without payment and shall be exempt from tax and royalty.
Takeover costs and risks of use belong to the State.
Article 32 verification of the accuracy of the data on which the royalty is calculated oil is made by the appropriate authority, and State bodies involved in the field of financial control.
For non-payment within the petroleum redeventei is due to a delay and increases penalties for delay in accordance with tax legislation in force.
Art. 32 was amended by EMERGENCY ORDINANCE nr. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002.
Article 33 For acts issued in the exercise of his powers-opinions, prospecting permits, documents confirming the reserves, authorizations and others-as well as for consultation and use of documents and information relating to petroleum resources, Authority, established jurisdiction charge fees with the opinion of the Ministry of finance.
Revenues pursuant to paragraph 4. 1 the competence of the authority will be able to be used for the elaboration of the data packets and launch public calls for tenders, organising the presentation of all the conditions of the invitation to tender, public auction, equipment maintenance and elaboration of studies. Income remaining unused at the end of the budgetary year shall be taken as income in the following year, at the disposal of the competent authority.
Article 34 (1) the payment of fees and royalties referred to in this law does not exempt the holder of the oblibaţiile agreement on tax, insofar as they are applicable, taking into account the provisions of art. 13(2). 5. (2) petroleum agreements Holders enjoy the following amenities: a) abrogated;
c) exemption from customs duties to imports of subcontractantii agreement holders or their goods needed for execution of petroleum;
d) exemption from customs duties to imports of household goods and personal required foreign staff of the cardholder agreement, companies of foreign affiliates and their subcontractantilor; goods which are exempt from import duties are in the annexes to the agreement nominates the tanker;
e) exemption from customs duties and export quotas for oil due to the holder of the agreement, as well as the export of goods imported by it staff or stranger, under the conditions referred to in points. d). (3) holders of petroleum agreements, foreign legal entities, may enjoy the following amenities: a) to carry out operations in foreign currency receipts obtained from the export of oil from the production, and to withhold it after paying in foreign currency obligations to the Romanian State;
b) where oil sales that the proprietor shall make returns in Romania, it has the right to convert the convertible currency amounts obtained in lei, according to the Romanian legislation, and to free disposal upon availability of foreign currency that may be transferred abroad after payment obligations to the State.
(4) facilities that are granted to the holder, according to this law, shall be established for each contact in the part and remain unchanged throughout the duration of the oil tanker.
— — — — — — — — — — — — the letters a) and b) of paragraph 1. (2) of article 9. 34 were repealed by EMERGENCY ORDINANCE nr. 217 of 29 December 1999, published in Official Gazette No. 650 of 30 December 1999.
— — — — — — — — — — — — EMERGENCY ORDINANCE nr. 217 of 29 December 1999 has been changed by the EMERGENCY ORDINANCE nr. 6 of 18 February 2000 published in MONITORUL OFICIAL nr. 74 of 21 February 2000.
EMERGENCY ORDINANCE No. 6 of 18 February 2000 was rejected by the law nr. 294 of 5 June 2001 published in the Official Gazette No. 303 of 8 June 2001.
EMERGENCY ORDINANCE No. 217 of 29 December 1999 was approved with modifications by the LAW nr. 189 of 17 April 2001 published in the Official Gazette No. 196 of 19 April 2001.
Chapter 5 the authority jurisdiction Article 35 application of the competence of the Authority responsible for the provisions of the present law is the National Agency for mineral resources, organized in subordination to the Government.
Article 36 petroleum resources, National Agency for mineral resources has the following: a) manages the petroleum resources of the State;
b) negotiates terms and conditions of the agreements concluded as such agreements, regulates petroleum operations conducted thereunder, as well as of the technical regulations and norms issued instructions in law enforcement;
c) confirm the oil reserves and organizes data and geological Fund, recovery, systematization and storage thereof; the National Fund of oil reserves; official data about the oil reserves are those registered in the National Fund;
d) performs studies on which underlies and determines, together with the Ministry of finance, the price of oil extracted in Romania, as well as the tariffs referred to in art. 8 para. 3 and art. 33 para. 1, in accordance with the law;
e) and check the oil production aims to calculate taxes and royalties;
f) follows the post-exposure protection set for surface and subsoil during petroleum operations;
g) controlling the compliance of the holder of the petroleum agreement, as well as those of the rules, regulations and instructions in the area and measures for compliance;
h) order cessation of geological or operational works carried out outside the perimeter set up, those without approved technical documentation, as well as those which, by the way, can lead to unreasonable exploitation and degradation to work, until the removal of the causes which they have produced;
I) issues regulations and technical instructions binding to fulfillment of this law;
j) elaborates and you Book jobs; legal documents and documents in unregistered jobs Book are not opposable to third parties;
k) establish and notify the violation of this law.
Article 37 Establishment, organization and activities of the National Agency for mineral resources shall be established by decision of the Government.
Chapter 6 Article 38 Penalties failure by the holder of the petroleum agreement the obligations provided for in this law shall constitute infringement and shall be sanctioned with fines, as follows: a) from 131,000,000 at 262,000,000 lei for breach of the obligations laid down in articles 81 and 82. 15 and by art. 28 lit. b), c) and (i));
b) at 262,000,000 at 655,000,000 lei for committing offences in article 7. 22 lit. a), c), (d)) and e), and for violating the obligations laid down in article 21. 6 and art. 28 lit. a), e) and (f));
c) from 655,000,000 at 1,310,000,000 lei for breach of the obligations laid down in article 21. 4 and art. 28 lit. d) and (g)).
Art. 38 amended Decree No. 1,152 of 21 November 2001 and published in the Official Gazette No. 771 of 4 December 2001.
Article 39 for second time Committing to any of the provisions of article contraventiile through prosecuted. 38 and for which the law provides for the withdrawal of the concession, or administration shall be imposed with a fine, fine laid down limits for contraventia that being fixed at double.
Infringement of the provisions to be laid down by article sanctions. 38 shall entail application of the provisions of article 7. 36 lit. h). Article 40 shall be made to the Fines income budget. Offences mentioned in article 1. 38 apply to them, in so far as this law provides otherwise, the provisions contained in law No. 32/68 *) relating to the establishment and sanctioning offences, with the exception of art. 25, 26 and 27.
The limits of fines may be amended by decision of the Government in relation to the inflation index.
— — — — — — — — — — — — — — *) Law No. 32/68 has been abrogated by DECREE nr. 2 of 12 July 2001 published in the Official Gazette No. 410 of 25 July 2001.
Article 41 the finding of non-performance of obligations and misdemeanors, as well as the imposition of fines shall be made by Protocol signed by authorized personnel of the competent authority.
Chapter 7 transitory and final Provisions Article 42 petroleum agreements concluded before the entry into force of the present law and approved by the Government, remain valid under the conditions in which they were concluded throughout their duration.
Article 43 (1) of the autonomous Administrations "Petrom" and "N/a" will continue their work at those targets where, after the publication of this law, conducts exploration works, development and exploitation. Within one year of the entry into force of this law, the autonomous administrations will complete the action of separation of the perimeters of exploration, development and mining for these objectives and will require the competent authority to their assignment in the administration according to the law.
(2) Other Romanian economic agents engaged in exploration at some targets on the date of entry into force of this law will continue until their completion under the conditions laid down in the Authority's competence.
(3) Operating Activities of piping lines belonging to national systems for the transport of oil, and the oil terminals are assigned directly, through an agreement on petroleum, legal persons carrying on these activities from the date of entry into force of this URalineat.*) — — — — — — — — — — — — —-. (3) art. 43 was introduced by EMERGENCY ORDINANCE nr. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002.
*) Changes of section 5 of art. 2 of EMERGENCY ORDINANCE No. 47 of 11 April 2002, published in Official Gazette No. 267 of 22 April 2002, namely the introduction of paragraph 1. (3) art. 43 it was abrogated by law No. 606 of 22 December 2003, published in Official Gazette No. 1 of 5 January 2004.
Settlement of disputes article 44 in relation to the interpretation and enforcement of the provisions of the petroleum agreements within the competence of courts, unless the parties have agreed on arbitral settlement on track.
Within 90 days following its publication in the Official Gazette of the present law, the competence of the Authority will draw up detailed rules for its application, which shall be subject to the approval of the Government.
Article 45 nothing in this law shall enter into force 90 days after its publication in the Official Gazette of Romania.
Article 46 on the date of entry into force of the present law shall repeal the oil Law since 1942, law No. 66/1992, as well as other provisions to the contrary or incompatible.
This law was passed by the Senate in session on 18 December 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN this law was adopted by the Chamber of deputies in session from December 18, 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
The PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — — —