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Law No. 134 Of 29 December 1995 On Oil Law

Original Language Title:  LEGE nr. 134 din 29 decembrie 1995 privind Legea petrolului

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LEGE No. 134 of December 29, 1995 (* updated *) on the Oil ((updated until 11 February 2004 *)
ISSUER PARLIAMENT




------------- * *) The original text was published in OFFICIAL GAZETTE NO. 301 of 29 December 1995. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until February 11, 2004, with the amendments and additions made by: EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 ; EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 rejected by LAW no. 294 294 of 5 June 2001 ; LAW no. 189 189 of 17 April 2001 ; JUDGMENT no. 1.152 1.152 of 21 November 2001 ; EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 ; LAW no. 606 606 of 22 December 2003 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The oil resources located in the basement of the country and the Romanian continental shelf of the Black Sea, delimited according to the principles of international law and regulations of the international conventions to which Romania is a party, are exclusively subject public property and belong to the Romanian state. Oil is the combustible mineral substances consisting of mixtures of natural hydrocarbons, accumulated in the earth's crust and which, under surface conditions, are present in a gaseous state, in the form of natural gas, or liquid, in the form of Oil and condensate. Natural gas includes free gas from methane gas fields, gases dissolved in crude oil, those in the gas head associated with crude oil deposits, as well as gases resulting from extraction or separation of liquid hydrocarbons. + Article 2 For the purposes of this law, the following terms and expressions shall be defined as follows: a) zacamint means a natural accumulation of hydrocarbons, unitary or separate, technically or economically valuable; b) exploration designates the set of studies and operations that are carried out for the knowledge of the geological conditions of oil accumulation and includes the prospection phase, the identification of deposits, their quantitative and qualitative evaluation, as well as the determination of technical and economic recovery conditions; c) development designates all works consisting in carrying out the exploitation wells, construction and installation of specific installations, equipment and other units necessary for the extraction, transport, treatment and storage of oil; d) exploitation means the set of works carried out on and from the surface for the extraction of oil, its capture, treatment and transport up to the place of delivery on the territory of Romania; the term also includes the transport on main pipes; e) exploration and/or exploitation perimeter represents the area corresponding to the surface projection of the contour of the part in the earth's crust inside which, on a determined depth range, exploration works are carried out, respectively exploitation, as well as the areas necessary to carry out oil exploitation activities, located outside this area; f) oil operations signify all activities regarding the exploration, development and operation of an oil deposit, storage, transport, transit of oil on main pipelines, as well as the operation of oil terminals; g) The oil book is the instrument of record that includes all the legal acts of any nature regarding an oil perimeter or in connection with it, as well as all data regarding land ownership, to the situation topographic of the perimeter and of all the oil works and facilities existing within it, to the situation of reserves and production by substances; h) The competent authority is the National Agency for Mineral Resources, an agency representing in the field of oil resources state interests; i) oil agreement represents any legal act concluded, according to the provisions of this law, between the competent authority and a Romanian or foreign legal person, in order to carry out oil operations; j) holder signifies any Romanian or foreign legal person authorized to carry out oil operations by virtue of an oil agreement; k) the oil concession is the right granted by the State through the Competent Authority to a legal person to carry out oil operations under an oil agreement; l) concessionaire-the holder to whom the oil concession is granted; m) the oil royalty represents the amount due by the holders of the oil agreements to the state budget, under the law, for carrying out the activity of exploitation of an oil deposit and for the use of the goods necessary for and oil transit on bus pipelines, as well as the operation of oil terminals in the public domain of the state. n) crude oil production represents the quantities of condensed crude oil and natural gas extracted from the deposit after the passage through the separation and treatment plants. ------------ Letters f) and m) of art. 2 were amended by EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002. Letters f) and m) of art. 2 were amended by LAW no. 606 606 of 22 December 2003 published in MONITORUL OFFICIAL no. 1 1 of 5 January 2004. + Article 3 Oil operations are carried out by legal entities, Romanian or foreign, under the law. + Article 4 Oil operations shall be carried out only within the framework of the premises established for that purpose by the Competent Authority. + Article 5 All data and information, regardless of the method of storage, obtained as a result of carrying out operations on Romanian oil resources, determined according to art. 1 1 para. 1, belong to the Romanian state + Article 6 The works for the development and exploration of oil deposits can only be executed for reserves confirmed by the competent authority, in accordance with the rules developed by it, taking into account international practices. + Article 7 Access to land necessary to carry out oil operations is done under the law. The oil operations to be carried out within the limits of the operating perimeter constitute works of public utility, and the land required for these operations, as well as the constructions located on such lands may be subject to expropriation for the cause of public utility, under the law. On land necessary for oil operations to be carried out outside the operating perimeter, other than those declared by the public utility, provided for in the previous paragraph, as well as on the land necessary for exploitation works and any other operations which they involve, including those relating to the operation and protection of the national oil transport system, shall be established, in favour of the holder of the operations, a right of legal servitude. Exercise of the right of legal servitude established in par. 3 is made against payment of an annual rent to the owners of the land affected by it. Duration of legal servitude established in par. 3 is that of oil operations, and the land to be affected will be determined, in terms of surfaces and owners, according to the principle of the smallest possible touching on the right of property. Access to land affected by the legal servitude provided in par. 3 shall be established by negotiations between the holder of the oil operation and the landowners in compliance with the principle of equal treatment and equity. Any misunderstandings between oil operations holders and landowners are settled by the competent courts, according to the law. If the state sells the expropriated goods under par. 2, the former owners or, as the case may be, their successors have the right of pre-emption, in which purpose they will be notified about the conditions of sale, by administrative means or by advertising. + Article 8 The national oil transport system is part of the public domain of national interest and is of strategic importance. In the national oil transport system, the bus pipelines shall be included which ensure the collection of oil extracted from the operating perimeters or the one from import and its direction from the teaching points by the producers to processing units, to distribution and consumption centres or to export, as well as all installations, equipment and facilities thereof. The exploitation of the national oil transport system is made by specialized units, which will provide services to beneficiaries in exchange for tariffs established by the Competent Authority, on equal terms for all manufacturers. In order to ensure the maintenance of the national oil transport system and to eliminate the occurrence of possible hazards in its operation, protection and safety zones are established, in accordance with the technical regulations and prescriptions specific approved by the competent authority. The units dealing with pipeline transport have the right to carry out works of pipeline interventions only with the announcement of the owner of the land. Compensation for interventions executed in the event of damage shall be determined later, through negotiations with the owner of the land. + Chapter 2 The regime for the value of oil resources + Article 9 Oil resources are valued by oil operations, for which purpose they are given in the administration of autonomous regions or concession by the competent authority, according to the law. The duration of the concession cannot be more than 30 years. + Article 10 In the prospection phase, exploration works can be executed and only on the basis of permits, granted by the Competent Authority. + Article 11 The competent authority shall establish annually the list of perimeters given in administration or concession and shall publish it in the Official Gazette of Romania. + Article 12 The concession initiative may also belong to Romanian or foreign legal persons who prove the interest in being granted the right to carry out oil operations in this regime. The initiative of the administration or concession shall belong to the competent authority. The initiative of the request for administration belongs to the autonomous regions empowered for oil operations. + Article 13 The concession or administration is carried out by oil agreement, concluded by the competent authority with Romanian or foreign legal entities. In view of the concession, the Romanian and/or foreign legal entities will be selected by public offer. In the tenders presented, the bidders will provide proof of the financial capacity and technical competence necessary for the performance of the benefits, as proposed by the public offer call. The oil agreement ends in written form and comes into force after its approval by the Government. The provisions of the oil agreement remain valid for the duration of the agreement, under the terms of the + Article 14 The commencement of oil operations within the perimeter given in administration or concession shall be authorised in writing by the competent authority + Article 15 Foreign legal persons who have obtained the right to carry out oil operations are obliged, within 90 days from the date of entry into force of the oil agreement, to establish and maintain, for the duration of the concession and in the conditions of the oil agreement, a branch or subsidiary in Romania. If two or more foreign partners acquire oil rights regarding the same perimeter, the obligation to establish and maintain a branch or subsidiary in Romania lies with the company designated to represent their interests. + Article 16 The holder of an oil agreement may transfer to another legal person the interest and oblibations assumed only with the written approval of the competent authority. Any transfer made without approval is struck by nullity. + Article 17 Within the limits of an oil exploration or exploitation perimeter may be granted, under the law, to legal entities, other than the holder of the oil agreement, the right of exploration and/or exploitation for useful mineral substances, others than those provided in art. 1, provided that these activities do not adversely affect oil operations. + Article 18 The right obtained by giving into administration or concession is a distinct right from that of land ownership and cannot be affected by the holder for the benefit of any third party. + Article 19 Administration or concession shall cease: a) by expiry of the duration for which it was granted; b) by renunciation by the holder of the oil agreement, under the conditions set out in 21 21; c) by withdrawing the administration or concession by the competent authority, according to the provisions of art. 22 22, 23 and 24; d) in the event of the occurrence of events that constitute causes of force majeure, defined in the oil agreement, and which definitively make it impossible to initiate or, as the case may be, continue the oil + Article 20 The administration or concession ceases on the expiry date of the oil agreement, if it was not extended by the parties before the expiry and with the approval of the Government, according to art. 13 13 para. 4. + Article 21 The holder of the oil agreement may waive it, if at the time of notification of the waiver to the Competent Authority the following conditions a) make available to the competent authority all the documentation on the activity carried out until the date of notification of the waiver, and its results; b) provides the competent authority with the amount representing the value of the works provided for in the minimum exploration program established by the oil and development and exploitation agreement, due on the date of notification of the waiver and unexecuted for reasons attributable to the holder of the oil agreement. The competent authority shall verify that the conditions laid down in 1 1 within 60 days from the date of notification of the waiver. At the end of the 60-day period provided in par. 2 the oil agreement is terminated if the competent authority has not communicated its refusal, which is obliged to issue the decision to terminate the administration or concession, with effect from the date of fulfillment of the term. In the event of refusal of the competent authority, the holder may ask the court or arbitral court, as the case may be, to ascertain the fulfilment of the conditions of unilateral termination If the court or arbitral ascertains the fulfilment of the conditions of unilateral termination of the oil agreement, the Competent Authority shall issue the decision to terminate the administration or the concession, with effect from the date of the final and irrevocable of the judgment. + Article 22 The competent authority may withdraw the administration or concession when the holder of the oil agreement, despite the contravention sanction and/or the notification made to it, not even 30 days after its receipt: a) does not fulfill its obligations regarding the term of commencement of oil operations; b) does not carry out the minimum volume of works or expenses provided for in the oil agreement for a given and expired period; c) continue the cessation of works for a period of more than 30 days without the consent of the Competent Authority; d) use methods or technologies of exploitation other than those approved by the Competent Authority; e) execute oil operations without authorization. + Article 23 The competent authority shall withdraw administration or concession when it finds that the holder of the oil agreement a) do not comply with the decision of a court or arbitral tribunal on oil operations; b) is subject to the procedure of judicial liquidation by insolvency; c) knowingly provide the competent authority with data and false information about its oil operations or violate the confidentiality clauses provided for in the oil agreement; d) does not comply with a clause provided by the oil agreement, with the sanction of withdrawal of administration or concession; e) jeopardises, by the way of execution of oil operations, the possibility of future exploitation of the deposit or violates the rules on the rational protection and exploitation of deposits or the norms on the protection of the environment. + Article 24 Withdrawal of oil administration or concession by any of the reasons provided for in art. 22 22 and art. 23 produces effect on the holder of the oil agreement after the 30th anniversary of the date of notification made to him by the Competent Authority. Within the deadline set out in par. 1 the holder of the oil agreement may ask the court or arbitrators, as the case may be, to annul the measure to withdraw the administration or At the request of the holder of the oil agreement and with the hearing of the competent authority, the court may order the suspension of the revocation measure until the final + Article 25 If an event referred to in art. 19 lit. d), the holder of the oil agreement shall notify the competent authority of the situation, within 15 days from the occurrence of the event, with the presentation of the documents certifying force majeure, issued by the legally empowered court The cessation of administration or oil concession shall take effect 30 days after the date of notification of force majeure. If within the deadline of 30 days provided in par. 1, the competent authority notifies the holder of the oil agreement its refusal to accept the event invoked by the holder as a constitutive circumstance of force majeure, causing the final impossibility of the initiation or continuation of the execution oil operations, not attributable to it, the holder of the oil agreement may ask the court or arbitral, as the case may be, to pronounce the unilateral termination of the oil agreement for force majeure, without obligation to pay Damages. In case of delivery of the termination of the oil agreement, after the final stay of the judicial or arbitral decision, as the case may be, the Competent Authority will issue the decision to terminate the oil administration or concession, with effect from the date provided in par. 1. + Article 26 The decision to terminate the oil administration or concession shall be published in the Official Gazette of Romania, with the mention of the date on which it produces effect and shall be entered in the Oil Book by the competent Authority Upon termination of the oil administration or concession for any of the causes referred to in art. 19, the exploitation-with all its dependencies and annexes-passes into the property of the state without any allowance and free of any rights or tasks, regardless of their nature. If the oil administration or concession ceases due to force majeure, according to art. 19 lit. d), the holder is entitled to compensation under the conditions established by the oil agreement. Within a maximum of 3 months after the end of the oil administration or concession, the competent authority shall determine the measures to be taken in respect of the oil perimeter and its facilities. The holder of the oil agreement remains, according to the rules of non-contractual civil liability, to the compensation of damages caused to third parties at fault by oil operations carried out until the date of waiver, even if such damage are found after the cessation of the oil concession or concession. + Chapter 3 Rights and oblibations of the holder + Article 27 The holder of the oil agreement shall: a) access, under the law, to land or areas necessary to carry out oil operations, within the limits of the perimeter provided for in the oil agreement; b) to execute, within the limits of the perimeter granted, all the oil operations provided for in the oil c) to use, under the law, sources of surface or underground water necessary to carry out oil operations; d) to order on the quantities of oil returning to it, according to the terms of the oil agreement, which were not purchased by the Romanian state, including to export them; e) priority, under the law, for the extension of the perimeter, if it proves the continuity of the development of the deposit outside the limits of the perimeter initially granted; f) access, with payment of taxes and tariffs, as the case may be, under the law, at the oil pipelines, ports, docks and other installations of the state, if their use is necessary for the realization of oil operations; g) to mount its own pipes and installations for the transport of its petroleum products to separation and treatment plants, to the loading ramps and to the national transport system of petroleum products, in compliance with the regulations in force; h) to build roads, bridges and railways necessary to carry out oil operations and transport of products resulting from exploitation, under the law; i) priority for the concession of the exploitation of useful mineral substances, other than oil, discovered by its oil operations, where they may be the subject of exploitation and recovery; j) to associate, with the consent of the competent authority, with Romanian or foreign legal entities in order to execute the oil operations provided for in the agreements; k) obtain from the competent authority, under the law, the data necessary for the oil operations to be carried out, to own and use this data, as well as those obtained from its own operations, during the validity of the oil agreement. + Article 28 The holder of the oil agreement shall: a) comply with the norms, regulations and instructions issued in application of this law and the provisions of the oil b) develop, on the basis of the oil agreement, technical and economic documentation for the realization of oil operations and submit them to the approval of the competent authority c) obtain, draw up, keep up to date and transmit at the deadlines fixed all the data, information and documentation established by the Competent Authority regarding the executed oil operations and the results obtained; d) maintain confidentiality on the data obtained from the Competent Authority and its own activity and not disseminate it without its consent; e) to associate, at the request of the competent authority, with the holders of adjacent perimeters, if it is found, through the executed works, the hydrodynamic continuity of the deposit in those perimeters, in order to ensure a recovery efficiency of reserves; f) to use as a priority, in the execution of oil operations, the domestic workforce with the appropriate qualification, as well as equipment and materials produced in Romania, under conditions of competitiveness; g) for the part of the oil production it returns, to grant the Romanian state the right of pre-emption to its purchase, under the conditions provided for in the oil agreement; h) within 60 days of the cessation of administration or concession by any of the modes provided for in art. 19, to proceed to the surrender to the competent authority of the perimeter granted, under the conditions provided by art. 26 26 para. 5 5; i) to meet, within the established deadlines, the measures ordered in writing by the Competent Authority in the exercise of their duties + Chapter 4 Taxes, tariffs and oil royalties + Article 29 Repealed. ------------- Article 29 was repealed by EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002. + Article 30 (1) The holders of the oil agreements are obliged to pay to the state budget of an oil royalty. (. The oil redevance shall be determined as follows: a) a percentage share of the gross production value extracted, resulting from the activity of exploitation of oil deposits, as follows: ROYALTY GROSS PRODUCTION ------------------------------------------------------------------------------ % Natural gas 10 10 ^ 6 mc /quarter ------------------------------------------------------------------------------ 3,5 3,5% for deposits producing less than 10% 7,5% for deposits producing between 10 and 50 9% for deposits producing between 50 and 200 13% for deposits producing more than 200% ------------------------------------------------------------------------------ % Crude oil/condensate 10 10 ^ 3 tonnes/quarter ------------------------------------------------------------------------------ 3,5 3,5% for deposits producing less than 10% 5% for deposits producing between 10 and 20 7% for deposits producing between 20 and 100 13,5% for deposits producing more than 100% ------------------------------------------------------------------------------ b) a share of 5% of the gross proceeds from the transport and transit activity of oil through the bus pipelines belonging to the national oil transport system, as well as from the oil operations carried out by oil terminals in the public domain of the state. (3) The oil redevance is due on the day of the start of oil operations and is payable quarterly, with maturity on the 25th of the first month of the following quarter. -------------- Article 30 was amended by EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002. Article 30 was amended by LAW no. 606 606 of 22 December 2003 published in MONITORUL OFFICIAL no. 1 1 of 5 January 2004. + Article 31 Natural gas reinjected into the deposit is exempted from payment of any fee and royalty. The gas extracted through probes concurrently with crude oil, not used or recovered by the concessionaire, shall be surrendered to the State without payment and shall be exempt from the charge and the royalty. Takeover expenses and risks of use belong to the state. + Article 32 The verification of the accuracy of the data on the basis of which the oil royalty is calculated shall be made by the competent authority as well as by the state bodies responsible for financial control. For non-payment in the term of the oil royalty, late increases and late penalties are due, according to the tax legislation in force. -------------- Article 32 was amended by EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002. + Article 33 For acts issued in the exercise of his/her duties-opinions, prospection permits, reserve confirmation documents, authorizations and others-as well as for the consultation and use of documents and information relating to resources tankers, the competent authority charges tariffs, established with the opinion of the Revenues made according to par. 1 by the Competent Authority will be able to be used for the compilation of data packages and the launch of public calls for tenders, the organization of the rounds of presentation of the conditions for participation in the public offer, endowments, development of studies. The remaining income, not used at the end of the budget year, shall be taken as income in the following year, at the disposal of the + Article 34 (1) The payment of taxes and fees provided for in this law does not exempt the holder of the tax oblibation agreement, in so far as they are applicable to him, also taking into account the provisions of art. 13 13 para. 5. (2) The oil agreements shall benefit from the following facilities: a) repealed; b) repealed; c) exemption from customs duties of imports made by the holders of the agreement or by their subcontractors of goods necessary for the execution of oil operations; d) exemption from customs duties of the import of household goods and personnel necessary for the foreign personnel of the holder of the agreement, affiliated companies and their foreign subcontractors; goods that are exempt from import duties shall be nominated in the Annexes to the oil agreement; e) the exemption from customs duties of the export of oil quotas due to the holder of the agreement, as well as the export of goods imported by him and his foreign staff, under the conditions laid down in lett. d). (3) The holders of oil agreements, foreign legal entities, benefit from the following facilities: a) to carry out operations of receipts in foreign currency, obtained from the export of oil from the production that returns it, and to retain this foreign currency abroad after the payment of obligations to the Romanian b) if the oil sales of the holder are made in Romania, he has the right to convert the amounts obtained in lei, under the conditions of the Romanian legislation, into convertible currency and to freely dispose of the availability in foreign currency that can be transferred abroad after the payment of obligations to the Romanian state. ((4) The facilities to be granted to the holder of agreements, according to this law, shall be established for each contact and shall remain unchanged for the entire duration of the oil agreement. ------------ Points a) and b) of par. ((2) art. 34 were repealed by EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 published in MONITORUL OFFICIAL no. 650 650 of 30 December 1999. ------------ EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 has been amended by EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 published in MONITORUL OFFICIAL no. 74 74 of 21 February 2000. EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 has been rejected by LAW no. 294 294 of 5 June 2001 published in MONITORUL OFFICIAL no. 303 303 of 8 June 2001. EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 has been approved with changes to LAW no. 189 189 of 17 April 2001 published in MONITORUL OFFICIAL no. 196 196 of 19 April 2001. + Chapter 5 Competent authority + Article 35 The competent authority responsible for applying the provisions of this law is the National Agency for Mineral Resources, organized under the Government. + Article 36 In the field of petroleum resources, the National Agency for Mineral Resources has the following skills: a) manages the state's oil resources; b) negotiate the terms and conditions of the oil agreements, conclude such agreements, regulate the oil operations carried out pursuant to them, as well as the rules of the regulations and technical instructions issued in law enforcement; c) confirms the oil reserves and organizes the geological and exploitation data fund, its storage, systematization and valorization; it constitutes the national oil reserves fund; the official data on oil reserves are the registered in the national fund; d) carries out studies, on the basis of which it bases and establishes, together with the Ministry of Finance, the price of oil extracted in Romania, as well as the tariffs provided 8 8 para. 3 3 and art. 33 33 para. 1, under the law; e) pursue and verify the oil production for the calculation of duties and royalties; f) pursues the application of the measures established for the protection of surface and subsoil during oil operations g) control compliance by the holder with the provisions of the oil agreement, as well as those of the rules, regulations and instructions in the field and order measures to comply with them; h) orders the cessation of geological or operating works executed outside the established perimeter, those without approved technical documentation, as well as those who, through the way of deployment, can lead to unreasonable exploitation and degradation deposits, until the causes that have occurred to them; i) issue regulations and technical instructions of a binding nature for the fulfilment of the provisions of the law; j) elaborates and holds the Petroleum Book; legal acts and documents not registered in the Petroleum Book are not opposable to third parties; k) ascertains and notifies the non-compliance + Article 37 The establishment, organization and object of activity of the National Agency for Mineral Resources shall be established by Government decision. + Chapter 6 Sanctions + Article 38 The non-compliance by the holder of the oil agreement with the obligations provided for in this law constitutes contravention and is sanctioned with a fine, as follows: a) from 131,000,000 lei to 262,000,000 lei for violation of the obligations established by art. 15 15 and by art. 28 lit. b), c) and i); b) from 262,000,000 lei to 655,000,000 lei for the enjoyment of the facts provided in art. 22 lit. a), c), d) and e), as well as for the violation of the obligations established in art. 6 6 and art. 28 lit. a), e) and f); c) from 655,000,000 lei to 1,310,000,000 lei for violation of the obligations established in art. 4 4 and art. 28 lit. d) and g). -------------- Article 38 was amended by JUDGMENT no. 1.152 1.152 of 21 November 2001 published in MONITORUL OFFICIAL no. 771 771 of 4 December 2001. + Article 39 The enjoyment for the second time of any of the contraventions sanctioned by the provisions of art. 38 and for which the law does not provide for the withdrawal of administration or concession, it is sanctioned with a fine, the limits of the fine provided for that contravention being fixed in double. Further violation of the provisions for which sanctions are established by art. 38 entails application of the provisions of art. 36 lit. h). + Article 40 Fines are made to the state budget. Contraventions provided in art. 38 are applicable to them, insofar as this law does not otherwise have the provisions contained in Law no. 32/1968 *) on the establishment and sanctioning of contraventions, except art. 25 25, 26 and 27. The limits of fines can be modified by Government decision depending on the inflation index. -------------- * *) Law no. 32/1968 has been repealed by ORDINANCE no. 2 2 of 12 July 2001 published in MONITORUL OFFICIAL no. 410 410 of 25 July 2001. + Article 41 The finding of non-compliance with obligations and the enjoyment of contraventions, as well as the application of fines are made by minutes concluded by the authorized staff of the competent Authority. + Chapter 7 Transitional and final provisions + Article 42 The provisions of the oil agreements, concluded before the entry into force of this law and approved by the Government, remain valid as they were concluded for their entire duration. + Article 43 (1) The autonomous regions "Petrom" and "Romgaz" will continue their activity at those objectives where, at the time of publication of this law, they carry out exploration, development and exploitation works. Within one year of the entry into force of this law, the autonomous regions will complete the action to delimit the exploration, development and exploitation perimeters for these objectives and will require the competent authority to assign them in administration, according to law. (2) The other Romanian economic agents who carry out exploration activities at some objectives on the date of entry into force of this Law will continue their activity until their completion, under the conditions established by the Competent Authority. (3) The operating activities of the master ducts belonging to the national oil transport systems, as well as the oil terminals are directly assigned, by an oil agreement, to the legal entities carrying out these activities at the date of entry into force of this paragraph *) -------------- Alin. ((3) art. 43 was introduced by EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002. * *) Change made by item 5 5 of art. 2 of EMERGENCY ORDINANCE no. 47 47 of 11 April 2002 published in MONITORUL OFFICIAL no. 267 267 of 22 April 2002, namely the introduction of para. ((3) art. 43 43 was repealed by LAW no. 606 606 of 22 December 2003 published in MONITORUL OFFICIAL no. 1 1 of 5 January 2004. + Article 44 The settlement of disputes in connection with the interpretation and enforcement of the provisions of the oil agreements is the jurisdiction of the courts, if the parties have not agreed the arbitration Within 90 days from the publication in the Official Gazette of Romania of the present law, the competent authority will develop the norms for its application, which will be subject to approval by decision of the Government. + Article 45 This law comes into force 90 days after its publication in the Official Gazette of Romania. + Article 46 On the date of entry into force of this Law, the Oil Law of 1942, Law no. 66/1992 ,, as well as other contrary or incompatible provisions. This law was adopted by the Senate at the meeting of 18 December 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 December 18, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE -------------------