Law No. 31 Of 6 May 1996 On The Regime Of The State Monopoly

Original Language Title:  LEGE nr. 31 din 6 mai 1996 privind regimul monopolului de stat

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Law No. 31 of 6 May 1996 (* updated *) on State monopoly (updated until February 1, 2014) ISSUER-PARLIAMENT-------*) form of this updated regulatory action until February 1, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all the changes and additions brought about by EMERGENCY ORDINANCE nr. 3 of 26 February 1997 repealed by EMERGENCY ORDINANCE nr. 7 of 30 March 1998; EMERGENCY ORDINANCE No. 23 of 25 March 1999 suspended EMERGENCY ORDINANCE nr. 295 of 30 December 2000 and rejected by law No. 628 of 19 November 2002; Decision No. 15 of 25 January 2000; EMERGENCY ORDINANCE No. 295 of 30 December 2000; Law No. 171 of 9 April 2001; Law No. 628 of 19 November 2002; Law No. 187 of 24 October 2012.
The contents of this act is not an official document, being intended for the information of users *) Note C.T.C.E. S.A. Piatra Neamt: according to the article in EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999, the provisions of law No. 31/1996 concerning State monopoly, is hereby repealed.
By decision of the CONSTITUTIONAL COURT No. 15 of 25 January 2000, published in MONITORUL OFICIAL nr. 267 of 14 June 2000 it was considered the plea of unconstitutionality of Government Emergency Ordinance nr. 23/1999 for the repeal of law No. 31/1996 on the State monopoly regime. In consequence of the publication of the DECISION of the CONSTITUTIONAL COURT No. 15 of 25 January 2000 in the Official Gazette, the applicable provisions of the law are once again. 31/1996, repealed by EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999.
Through art. 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000, on 1 January 2001 will be suspended the application of emergency Ordinances and orders of the Government in the legislative procedure, until such time as the laws of approval or rejection by Parliament, as set out in the appendices. 1 and 2.
During the suspension of the Ordinances and the Government emergency Ordinances referred to in paragraph 1. (1) apply existing regulations governing the entry into force of these regulations.
EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999 was rejected by law No. 628 of 19 November 2002, published in Official Gazette No. 848 of 25 November 2002.
Romanian Parliament adopts this law.


Chapter I General provisions article 1 in this law shall establish the State monopoly on some economic activities.
Through State monopolies, for the purposes of this Act, means the State's right to lay down arrangements for access of economic operators with State and private capital, including individual producers, as appropriate, to the economic activities constituting the State monopoly and the conditions for exercising them.


Article 2 Constitute State monopolies: a) manufacturing and marketing of weapons, munitions and explosives;
  

b) production and sale of narcotics and medicines containing narcotic substances;
  

c) extraction, production and processing for industrial purposes of precious metals and precious stones;
  

d) production and issuance of tax stamps and postmarks;
  

e) manufacture and import, for the market in terms of quality, alcohol and distilled spirits;
  

f) manufacture and import, for marketing purposes under conditions of quality, tobacco products and paper for cigarettes;
  

g) Organization and operation of systems of play with direct stakes, or covert;
  

h) Organization and operation of sports wear.
  

Not constitute State monopoly in spirits personal households for own use.
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Cap. I was reinstated in the force by declaring unconstitutional the EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999, pursuant to decision No. 15 of 25 January 2000, published in MONITORUL OFICIAL nr. 267 of 14 June 2000.
Head. I was reinstated in the force by suspending EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999; 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999 was rejected by law No. 628 of 19 November 2002, published in Official Gazette No. 848 of 25 November 2002.


Chapter II administration of State monopolies and the operation of Article 3 of the State monopolies Administration. 2 is made by the Ministry of finance. The operation of the activities constituting the State monopoly is made by businesses with State and private capital, including by individual producers, as appropriate, on the basis of licences issued by the Ministry of finance, with the opinion of the Ministry or of the National Bank of Romania in case of precious metals and precious stones.


Article 4 the license represents an authorisation for a period determined, under which a natural or legal person may produce, process or sell in quantity requested and a certain quality, a certain product or service that is the subject of a State-owned monopoly, in return for a license fee.
The fare level of the license is determined by the Government on an annual basis or for a period determined according to subject the State monopoly of the quantity and quality of manufactured products marketed under the fold.


Article 5 the holders of licences are required to comply with the conditions of licence relating to the operation of the activity for which it was granted and the payment of the license; the amounts secured by way of spill from the State budget or local budgets, as appropriate, in order to cover the costs of capital and materials necessary for the management of State monopolies.


Article 6 the licence can be granted to Romanian citizens or legal entities with State and private capital, registered in Romania.
The license is issued to nominal and places required by those concerned and in which the work for which it is granted. It cannot be transferred either directly or indirectly.
National Company >-S.A., under the authority of the Ministry of public finances, the license by operation of law, for its own activities. 2(a) g) and (h)). (Para. 2 ^ 1) — — — — — — — — — — — —-. 2 ^ 1 of art. 6 was introduced by section 1 of article in law No. 171 of 9 April 2001, published in MONITORUL OFICIAL nr. 184 of 11 April 2001.
The Romanian Olympic Committee enjoys the licence, through this law, for the activities referred to in article 1. 2(a) h). (para. 2 ^ 2) — — — — — — — — — — — —-. 2 ^ 2 of art. 6 was introduced by section 1 of article in law No. 171 of 9 April 2001, published in MONITORUL OFICIAL nr. 184 of 11 April 2001.
Paragraphs 1 and 2. 3 Repealed.
— — — — — — — — — — — —-. 3 of art. 6 it was repealed by section 2 of article in law No. 171 of 9 April 2001, published in MONITORUL OFICIAL nr. 184 of 11 April 2001.


Article 7 license shall be granted to persons who have been convicted for offences of corruption, embezzlement, fraud, tax evasion, money laundering, crimes relating to the failure to observe the regime of weapons, munitions, nuclear material and explosive materials, crimes relating to trafficking in drugs or precursors, offences against national security, terrorist crimes, times and persons convicted of committing the offence referred to in article 1. 13(2). 1.
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Art. 7 was amended by section 1 of article. 57, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 8 Is banned economic agents arranging, storing or undoing the products subject to the monopoly of the State to obtain their supplies from other producers or importers other than those authorized by the license under the conditions imposed by it.


Article 9 the provisions of this law shall apply to the marketing of products from the import and export of products which constitute State monopolies under art. 2.
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Cap. II was reinstated in the force by declaring unconstitutional the EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999, pursuant to decision No. 15 of 25 January 2000, published in MONITORUL OFICIAL nr. 267 of 14 June 2000.
Head. II was reinstated in the force by suspending EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999; 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999 was rejected by law No. 628 of 19 November 2002, published in Official Gazette No. 848 of 25 November 2002.

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Art. 10 has been repealed by article 16. 6 of the EMERGENCY ORDINANCE nr. 7 of 30 March 1998, published in MONITORUL OFICIAL nr. 133 of 2 April 1998.
Head. III repealed remains, as this chapter contains only one article, article 10, which was repealed by EMERGENCY ORDINANCE nr. 7 of 30 March 1998, published in MONITORUL OFICIAL nr. 133 of 2 April 1998.


Chapter IV offences, offences and penalties Article 11


Compliance with the legal regime of activities in the field of State monopoly is exercised by the organs of the Ministry of finance.
Ministries and, if necessary, the public authorities concerned shall communicate, at the request of the Ministry of finance, the list of approved experts for activities falling within the scope of the State monopoly for the checks provided for in paragraph 1. 1. Non-compliance with the provisions of Article 12 of this law or of the conditions laid down in the licence draws criminal liability, contravention or, where appropriate. In the licence are provided in cases of suspension or withdrawal of the latter.


Article 13 Conduct of any unlicensed activities reserved to the State monopoly. 2(a) a)-d) and (g)), constitutes an offence and is punishable by imprisonment from 6 months to 3 years or with a fine, if the deed does not constitute a more serious offense.
Deploying license-free of any of the activities referred to in article 1. 2(a) e), f) and h) constitutes contravention and shall be sanctioned with a fine of between 5,000 and 30,000 lei lei.
Goods and values that have served or resulting from the perpetration of the offences referred to in paragraph 1. 2 shall be forfeited.
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Art. 13 was amended by paragraph 2 of article 9. 57, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 14 Constitutes contravention of marketing, in addition to the conditions laid down in the license prices or rates over the maximum, of the products covered by the monopoly of the State and shall be sanctioned with a fine of 100,000 lei lei to 1,500,000. Provisions regulating offences of this law shall be supplemented by the provisions of law No. 32/68 *) relating to the establishment and sanctioning of offences, with the exception of art. 25-27. — — — — — — — — — — — —-head. IV was reinstated in the force by declaring unconstitutional the EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999, pursuant to decision No. 15 of 25 January 2000, published in MONITORUL OFICIAL nr. 267 of 14 June 2000.
Head. IV was reinstated in the force by suspending EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999; 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999 was rejected by law No. 628 of 19 November 2002, published in Official Gazette No. 848 of 25 November 2002.
*) Law No. 32/1968 was repealed by paragraph 1. (2) of article 9. ORDINANCE No. 51 from 2 of 12 July 2001, published in MONITORUL OFICIAL nr. 410 of 25 July 2001.


Chapter V transitional and final Provisions Article 15 waiving of licence holder's obligation to draw pay license fee per quarter.
Where the licence has been suspended or withdrawn shall be one who exploit the State's monopoly of the right of the liquid stock products existing at the date of the suspension or revocation of license.


Article 16 persons who on the date of entry into force of this law the exercise of the activity referred to in article 1. 2 they will have to apply for appropriate licences within a period of 90 days from the date of entry into force of the law.
Otherwise, if the application will be rejected, they shall apply the provisions of article 4. 15 para. 2. Article 17 this law shall enter into force 6 months after its publication in the Official Gazette of Romania.
Within 90 days of the publication of the law in the Official Gazette, the Government will establish, through decisions, for each activity or good in the part which is the monopoly of the State, the conditions of business of, the contents, the general framework, licensing, and other specific items.


Article 18 Any provisions contrary to this law are hereby repealed.
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Cap. V force was restored by declaring unconstitutional the EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999, pursuant to decision No. 15 of 25 January 2000, published in MONITORUL OFICIAL nr. 267 of 14 June 2000.
Head. V force was restored by suspending EMERGENCY ORDINANCE nr. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999; 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
EMERGENCY ORDINANCE No. 23 of 25 March 1999, published in Official Gazette No. 177 of 26 April 1999 was rejected by law No. 628 of 19 November 2002, published in Official Gazette No. 848 of 25 November 2002.
This law was passed in the Chamber of Deputies sitting on the commune and Senate on 17 April 1996, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — — — — —