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Law No. 133 Of 15 July 1997

Original Language Title:  LEGE nr. 133 din 15 iulie 1997

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LEGE no. 133 133 of 15 July 1997 on approval Government Emergency Ordinance no. 17/1997 to amend and supplement Government Ordinance no. 23/1995 on the establishment of the marking system for cigarettes, tobacco products and alcoholic beverages
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 161 161 of 18 July 1997



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 17 17 of 12 May 1997 to amend and supplement Government Ordinance no. 23/1995 on the establishment of the marking system for cigarettes, tobacco products and alcoholic beverages, published in the Official Gazette of Romania, Part I, no. 91 of 15 May 1997, with the following amendments *): 1. In Article 4, paragraph 3 shall read as follows: " Products of the nature of those subject to marking-unmarked or with false markings-, become the property of the state according to the law, will bear special markings, made by the unit authorized by the Ministry of Finance with their printing. The Ministry of Finance will designate the unit that will apply these stamps. " 2. In Article 8, paragraph 4, which becomes paragraph 3, shall read as follows: "The specialized unit, authorized to print markings, sells stamps, armbands or labels directly to domestic producers, importers or directly to the authorized unit, designated by the Ministry of Finance with the application of special stamps." 3. Article 11 shall be completed by two paragraphs, 2 and 3, which shall read as follows: " Economic agents manufacturers or importers may hold in stock the necessary markings for 3 months. At the expiry of this period, the holders referred to in par. 2 2 are obliged to present the stock of unused stamps to the issuing authority of the licence, which will dispose of the destruction of the markings. " 4. In Article 11 ^ 1, letter d) shall read as follows: "d) proof of bank guarantee or bank deposit, equivalent to the amount of excise duty." 5. In Article 11 ^ 1, paragraph 4 shall read as follows: " Bank guarantee or bank deposit constituted according to the provisions of art. 10 10 para. 3 3 cease only after completion of the customs import formalities for the entirety of the markings purchased and applied on customs goods. " 6. Article 12 ^ 1 shall read as follows: "" Art. 12 12 ^ 1. -It constitutes a crime and is punishable under the provisions of the Criminal Code falsifying or counterfeiting markings. 7. In Article 13, points a) and d) shall read as follows: " a) marketing on the territory of Romania of the products referred to in 1 1 of this ordinance, without being marked or marked improperly; " " d) the use of stamps, armbands or damaged labels; ' 8. In Article 13, a new paragraph shall be inserted, paragraph 10, which shall read as follows: "The government, on the proposal of the Ministry of Finance, may, depending on the evolution of the inflation rate, update the level of fines provided above." + Article 2 Government Ordinance no. 23/1995 on the marking system for cigarettes, tobacco products and alcoholic beverages, published in the Official Gazette of Romania, Part I, no. 193 of August 25, 1995, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, giving the articles a new numbering. --------------- Note * *) The amendments ordered by this law refer to texts from the contents Government Ordinance no. 23/1995 ,, as amended and supplemented by Government Emergency Ordinance no. 17/1997 . This law was adopted by the Senate at the meeting of June 30, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at the meeting of July 1, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU --------------