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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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LEGE no. 31 31 of 6 May 1996 (* updated *) on the state monopoly regime ((updated until 1 February 2014 *)
ISSUER PARLIAMENT




---------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: EMERGENCY ORDINANCE no. 3 3 of 26 February 1997 repealed by EMERGENCY ORDINANCE no. 7 7 of 30 March 1998 ; EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 suspended by EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 and rejected by LAW no. 628 628 of 19 November 2002 ; DECISION no. 15 15 of 25 January 2000 ; EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 ; LAW no. 171 171 of 9 April 2001 ; LAW no. 628 628 of 19 November 2002 ; LAW no. 187 187 of 24 October 2012 . The content of this act is not an official document, being intended to inform users **) NOTE C.T.C.E. S.A. Piatra-Neamt: Under the single article of EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 of 26 April 1999, the provisions Law no. 31/1996 on the state monopoly regime, is repealed. By CONSTITUTIONAL COURT DECISION no. 15 15 of 25 January 2000 , published in MONITORUL OFFICIAL no. 267 of 14 June 2000 the exception of unconstitutionality of the Government Emergency Ordinance no. 23/1999 for repeal Law no. 31/1996 on the state monopoly regime. Accordingly, from the date of publication CONSTITUTIONAL COURT DECISION no. 15 15 of 25 January 2000 in the Official Gazette, the provisions applicable Law no. 31/1996 ,, repealed by EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999. By art. 1 of EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of December 30, 2000, on January 1, 2001, the application of the Government's ordinances and emergency ordinances, under the law-making procedure, is suspended until the adoption of the laws of approval or rejection by the Parliament, provided in Annexes no. 1 1 and 2. During the suspension of the ordinances and emergency ordinances of the Government provided in par. (1) the existing regulations on the date of entry into force of these ordinances shall apply. EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 was rejected by LAW no. 628 628 of 19 November 2002 , published in MONITORUL OFFICIAL no. 848 848 of 25 November 2002. The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The state monopoly on economic activities is hereby established by this law. By state monopoly, for the purposes of this law, it is understood the right of the state to establish the access regime of economic agents with state and private capital, including individual producers, as the case may be, to economic activities constituting a monopoly of state and conditions for their exercise. + Article 2 It is a state monopoly: a) manufacture and trade of weapons, ammunition and explosives; b) the production and marketing of narcotic drugs and drugs containing narcotic drugs; c) extraction, production and processing for industrial purposes of precious metals and precious stones; d) production and issuance of postage stamps and tax stamps; e) manufacture and import, with a view to marketing in quality conditions, alcohol and distilled spirits; f) manufacture and import, for sale under the quality conditions, of tobacco products and of paper for cigarettes; g) the organization and operation of the game systems with stakes, direct or concealed; h) organization and exploitation of sports predictions. It does not constitute state monopoly the manufacture of alcoholic beverages in personal households for its own consumption. ------------- Head. I was reinstated by declaring unconstitutional a EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 DECISION no. 15 15 of 25 January 2000 , published in MONITORUL OFFICIAL no. 267 267 of 14 June 2000. Head. I was reinstated by the suspension of the EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 art. 1 of EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 was rejected by LAW no. 628 628 of 19 November 2002 , published in MONITORUL OFFICIAL no. 848 848 of 25 November 2002. + Chapter II Administration and exploitation of state monopolies + Article 3 Administration of state monopolies provided in art. 2 is made by the Ministry of Finance. The exploitation of the activities constituting a state monopoly is made by economic agents with state and private capital, including by individual producers, as the case may be, on the basis of licenses issued by the Ministry of Finance, with the opinion of the Ministry of resort or of the National Bank of Romania in the case of precious metals and precious stones. + Article 4 The licence is an authorisation granted by the State for a fixed period, on the basis of which a natural or legal person can produce, process or market, in the quantity requested and of a certain quality, a particular product or service, which is the subject of the state monopoly, in exchange for a license fee. The level of the license fee shall be determined by the Government annually or for a period determined according to the object of the state monopoly, the quantity and quality of the manufactured or marketed products under license. + Article 5 Licence holders are required to comply with the conditions in the licence relating to the operation of the activity for which it was granted and to the payment of the licence fee; the amounts charged shall be paid to the state budget or local budgets, as the case may be, to cover the material and capital expenditure necessary for the administration of State monopolies. + Article 6 The license can be granted to Romanian citizens or legal entities with state and private capital, registered in Romania. The licence shall be nominal and shall be issued for the places required by those concerned and in which the activity for which it is granted shall take place. It cannot be ceded directly or indirectly. National Company < >-S.A., under the authority of the Ministry of Public Finance, benefits from the license, through the effect of this law, for its own activities provided in 2 lit. g) and h). (Alin. 2 2 ^ 1) ------------- Paragraph 2 ^ 1 of the art. 6 6 has been introduced by section 1 1 of the single article of LAW no. 171 171 of 9 April 2001 , published in MONITORUL OFFICIAL no. 184 184 of 11 April 2001. The Romanian Olympic Committee benefits from the license, by the effect of this law, for the activities provided in 2 lit. h). (Alin. 2 2 ^ 2) ------------- Para 2 ^ 2 al art. 6 6 has been introduced by section 1 1 of the single article of LAW no. 171 171 of 9 April 2001 , published in MONITORUL OFFICIAL no. 184 184 of 11 April 2001. Paragraph 3 Repealed. ------------- Paragraph 3 of the art. 6 6 has been repealed by section 6.6. 2 2 of the single article of LAW no. 171 171 of 9 April 2001 , published in MONITORUL OFFICIAL no. 184 184 of 11 April 2001. + Article 7 No licence is granted to persons who have been convicted of corruption offences, embezzlement, deception, tax evasion, money laundering, offences concerning non-compliance with the regime of weapons, ammunition, nuclear materials and materials. explosive, crimes related to drug trafficking or precursors, crimes against national security or terrorism offences, as well as to persons convicted of committing the crime provided in art. 13 13 para. 1. ------------- Article 7 has been amended by section 7. 1 1 of art. 57, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 8 It is forbidden to economic agents that intermediate, store or unwrap products that are subject to the state monopoly to source from other producers or importers than those authorized by license under the conditions established by it. + Article 9 The provisions of this law also apply to the marketing of products from import and export of products that constitute a state monopoly according to art. 2. ------------- Head. II was reinstated by declaring unconstitutional a EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 DECISION no. 15 15 of 25 January 2000 , published in MONITORUL OFFICIAL no. 267 267 of 14 June 2000. Head. II was reinstated by the suspension of the EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 art. 1 of EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 was rejected by LAW no. 628 628 of 19 November 2002 , published in MONITORUL OFFICIAL no. 848 848 of 25 November 2002. ------------ Article 10 was repealed by art. 6 of EMERGENCY ORDINANCE no. 7 7 of 30 March 1998 , published in MONITORUL OFFICIAL no. 133 133 of 2 April 1998. Head. III remains repealed, as this chapter contains only one article, Article 10, which was repealed by EMERGENCY ORDINANCE no. 7 7 of 30 March 1998 , published in MONITORUL OFFICIAL no. 133 133 of 2 April 1998. + Chapter IV Offences, contraventions and penalties + Article 11 The control of compliance with the legal regime of activities in the field of state monopoly shall be exercised by the specialized bodies of the Ministry of Finance. The relevant ministries and, as the case may be, the interested public authorities will communicate, at the request of the Ministry of Finance, the list of specialists approved for activities entering the sphere of the state monopoly, in order to exercise the control provided in par. 1. + Article 12 Failure to comply with the provisions of the present law or the conditions provided for in the license shall entail criminal, contravention or administrative liability Cases of suspension or withdrawal of it are provided for in the licence. + Article 13 Unlicensed conduct of any of the activities reserved for the state monopoly, provided in art. 2 lit. a)-d) and g), constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. Unlicensed conduct of any of the activities referred to in art. 2 lit. e), f) and h) constitute contravention and are sanctioned with a fine of between 5,000 lei and 30,000 lei. Goods and values that have served or resulting from the commission of the contraventions provided in par. 2 is confiscated. ------------- Article 13 has been amended by section 1. 2 2 of art. 57, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 14 It constitutes a contravention of marketing, outside the conditions established by license or at prices or tariffs above the maximum, of the products that are the subject of the state monopoly and are sanctioned with a fine of 100,000 lei to 1,500,000 lei. The provisions on the regulation of contraventions in this law are supplemented by Law no. 32/1968 *) on the establishment and sanctioning of contraventions, except art. 25-27. ------------- Head. IV was reinstated by declaring unconstitutional a EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 DECISION no. 15 15 of 25 January 2000 , published in MONITORUL OFFICIAL no. 267 267 of 14 June 2000. Head. IV was reinstated by the suspension of the EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 art. 1 of EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 was rejected by LAW no. 628 628 of 19 November 2002 , published in MONITORUL OFFICIAL no. 848 848 of 25 November 2002. * *) LAW no. 32/1968 has been repealed by par. ((2) art. 51 of ORDINANCE no. 2 2 of 12 July 2001 , published in MONITORUL OFFICIAL no. 410 410 of 25 July 2001. + Chapter V Transitional and final provisions + Article 15 The license waiver attracts the holder's obligation to pay the license fee for the current quarter. If the license has been suspended or withdrawn, it may be granted to the one who exploits the state monopoly the right to liquidate the stock of existing products on the date of suspension or withdrawal of the license. + Article 16 Persons who on the date of entry into force of this Law exercise an activity among those mentioned in art. 2 2 will have to apply for licenses appropriate within 90 days from the date of entry into force of the law. Otherwise, if the application is rejected, they will be subject to the provisions of art. 15 15 para. 2. + Article 17 This law comes into force 6 months after its publication in the Official Gazette of Romania. Within 90 days from the publication of the law in the Official Gazette of Romania, the Government will establish, by decisions, for each activity or good in part what constitutes the state monopoly, the conditions of activity, the content, the framework general, the way of licensing, as well as other specific items. + Article 18 Any provisions contrary to this law shall be repealed. ------------- Head. V was reinstated by declaring unconstitutional a EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 DECISION no. 15 15 of 25 January 2000 , published in MONITORUL OFFICIAL no. 267 267 of 14 June 2000. Head. V was reinstated by the suspension of the EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 art. 1 of EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. EMERGENCY ORDINANCE no. 23 23 of 25 March 1999 , published in MONITORUL OFFICIAL no. 177 177 of 26 April 1999 was rejected by LAW no. 628 628 of 19 November 2002 , published in MONITORUL OFFICIAL no. 848 848 of 25 November 2002. This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of April 17, 1996, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN ---------------