Law No. 136 Of 28 October 1996

Original Language Title:  LEGE nr. 136 din 28 octombrie 1996

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LAW No. 136 dated 28 October 1996 approving Ordinance No. 30/1995 relating to the concession building and exploitation of some sections of highways and land communication-railways published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 271 of 31 October 1996 the Romanian Parliament adopts this law.

The sole article approving Ordinance No. 30/1995 relating to the concession building and exploitation of some sections of highways and land communication-railways, issued pursuant to art. and (b). e) of law No. 81/1995 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 203 of 1 September 1995, with the following modifications: 1. Article 2 shall read as follows: "may be the subject of the concession, through the auction, according to Convention parties, economic activities and accessories that will be organized by the concessionaire, such as fuel supply services, car service, motels, restaurants, trade and the like, with a right of preemption for concessionaire."
2. Article 21 shall read as follows: Art. 21.-tender open without preselection is organised in a single stage, and may attend an unlimited number of bidders who meet the conditions of the tender documents. "
3. Article 23 shall read as follows: Art. 23.-public auction may be limited in capacity to the attire:) when the State's strategic interests do not allow for keeping a public open tender;

b) when there was an open auction, by the conclusion of a contract is not complete. "

4. Article 24 shall read as follows: Art. 24.-where at a public tender has been submitted to a single bidder, with an appropriate offer will apply direct bargaining. "
5. Article 26 1 shall read as follows: "when you sign up at auction, participants are obliged to prove their legal capacity, as well as economic and technical capacity to carry out the specific tasks of the concession."
6. Article 28 shall read as follows: Art. 28.-After the award, organizer of the auction, will announce within 48 hours about it, both on the winning bidder, and the necâştigători, Telegraph, telex or telefax, and by means of a registered letter with advice of receipt. "
7. Article 33 paragraph 1 shall read as follows: "the concession contract will comprise primarily the following:-the parties and the object of the concession contract;
-the duration of the concession;
-items of the tender accepted;
-royalty concession; payment methods;
-the rights and obligations of the Contracting Parties, including the right of control of the concender write and bodies empowered to that end;
-responsibilities of the parties for failure to comply with contract terms and specifications;
-ban for the concessionaire to succumb-whole or in part, without the authorization of the grant-concender write and bodies empowered by law;
-refund of the concessionaire of the object of the concession at the end of it, free from all tasks;
-clauses regarding guarantees and insurance;
-possible conditions of termination of the contract before the expiry of the duration of the set-redemption, surrender, retreat and their consequences;
-the method of dispute resolution. "
8. Article 35 shall read as follows: Art. 35.-If the winning bidder, after receiving the letter of acceptance, do not sign the contract documents in the term of validity of the offer, such refusal shall constitute a ground for annulment of entrustment contract and warranty of the invitation to tender. In this case, the Commission may award tender offer for lease the following ranked participant or a new tender. "
9. Article 37 shall read as follows: Art. 37.-For highways and sections of track leased licensees shall enjoy the following facilities:-relief planning permission fee established by law No. 27/1994 on taxes and local taxes, as amended;
-exemption from payment of redeventei for a period equal to half the duration of the licensees, in the cases referred to in article 1. 8 para. and (b). the a and b));
-prices received from the operation of sections of motorways and railway administration shall bear no value added tax;
-the value added tax paid by the concessionaire for the procurement of goods and services related to the construction or upgrading of motorways and railway sections is deductible according to the law;
-exemption or reduction of customs duties for the import of materials, machinery and equipment needed for construction and operation. They shall be approved by the Government on the proposal of the Ministry of finance, on the basis of the request of the lessee. "
10. Article 39 paragraph 2 shall read as follows: ' concesionara legal person is required to have, throughout the duration of the concession, principal or secondary, or a branch or a subsidiary in Romania. "
11. Article 43 paragraph 3 shall read as follows: "The execution of priority use materials from indigenous resources, in terms of competitiveness."
12. Article 45 shall read as follows: Art. 45.-In situations where the interests of the State require the redemption of the concession, it is done by the Government, with fair compensation. "
13. Article 46 shall read as follows: Art. 46.-control over the activity of the lessee, relating to the compliance of the concession contract and the specifications, and returns concender write skill. "
This law was adopted by the Senate at its meeting on 11 June 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on 9 October 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — —