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Law No. 136 Of 28 October 1996

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

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LEGE No. 136 of 28 October 1996 for approval Government Ordinance no. 30/1995 on the concession regime for the construction and operation of sections of land-based communication routes-highways and railways
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 271 of 31 October 1996



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 30/1995 on the concession regime for the construction and operation of sections of land-based communication routes-highways and railways, issued pursuant to art. 1 lit. e) of Law no. 81/1995 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 203 of 1 September 1995, with the following amendments: 1. Article 8 (2) shall read as follows: " I can be the subject of the concession, by auction, according to the convention of the parties, and the accessory economic activities that will be organized by the concessionaire, such as: fuel supply services, car service, motels, restaurants, trade and the like, with the right of pre-emption for the concessionaire. " 2. Article 21 shall read as follows: "" Art. 21. -The open public auction without pre-selection shall be organised in a single stage, which may be attended by an unlimited number of tenderers meeting the conditions in the tender documents. " 3. Article 23 shall read as follows: "" Art. 23. -The restricted public tender can be held: a) when the strategic interests of the state do not allow an open public tender; b) when there was an earlier open public tender, not completed by the conclusion of a contract. " 4. Article 24 shall read as follows: "" Art. 24. -Where a single tenderer has been presented at a public auction with an appropriate tender, the procedure for direct negotiation shall apply. ' 5. Article 26 (1) shall read as follows: "When registering for the auction, the participants shall be obliged to prove the legal capacity and the technical and economic capacity to carry out the activities specific to the concession." 6. Article 28 shall read as follows: "" Art. 28. -After adjudication, the auction organizer will announce, in maximum 48 hours, about it, both the winning bidder and the non-winning, telegraphic, telex or telefax, as well as a registered letter with confirmation of reception. " 7. Article 33 (1) shall read as follows: " The concession contract will mainly include the following: -the parts of the contract and the subject -duration of the concession; -elements of accepted offer; -concession fee; payment methods; -the rights and obligations of the contracting parties, including the right of control by the concedent and the competent bodies for that purpose; -the parties ' responsibilities for non-compliance with the contractual clauses and the specification; -prohibition for concessionaire to give in-in part or in full-concession, without authorization of the concedent and of the competent bodies according to the law -the concession by the concessionaire of the object of the concession upon its termination, free of any tasks; -clauses relating to guarantees and insurance; -the possible conditions for termination of the contract before the expiry of the established duration-redemption, withdrawal, waiver and their consequences; -the way of settling disputes. " 8. Article 35 shall read as follows: "" Art. 35. -If the successful bidder, after receiving the acceptance letter, does not sign the contract and its documents within the period of validity of the offer, this refusal constitutes a reason for cancellation of the contract's entrustment as well as the loss the tendering security. In this case, the tendering committee may adjudicate the concession offer to the participating participant in the following place or arrange a new tender. ' 9. Article 37 shall read as follows: "" Art. 37. -For motorways and sections of the concession railway, the concessionaires benefit from the following facilities: -exemption from the building permit fee, established by Law no. 27/1994 on local taxes and fees, as amended; -exemption from payment of the royalty for a period equal to half of the duration of the concession, in the cases provided in art. 8 8 para. 1 lit. a) and b); -the tariffs collected from the operation of motorways and of the concession railway sections are not carriers of value added tax; -the value-added tax paid by the concessionaire for purchases of material goods and services related to the construction or modernization of highways and railway sections is deductible under the law; -exemption or temporary reduction from the payment of import duties on materials, machinery and equipment necessary for the construction and operation. They shall be approved by the Government, at the proposal of the Ministry of Finance, on the basis of the concession application 10. Article 39 (2) shall read as follows: "The concessionary legal person is obliged to have, for the duration of the concession, the main or secondary office, or a branch or a branch in Romania." 11. Article 43 (3) shall read as follows: "The execution of works will be used as a priority to materials from indigenous resources, under conditions of competitiveness." 12. Article 45 shall read as follows: "" Art. 45. -In situations where major interests of the state require the redemption of the concession, it is made by Government decision, with fair compensation. " 13. Article 46 shall read as follows: "" Art. 46. -The control over the activity of the concessionaire, regarding its compliance with the concession contract and the specification, lies with the concedent and the competent bodies by law. " This law was adopted by the Senate at its meeting of 11 June 1996, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of October 9, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE ------------------