LEGE no. 82 82 of 21 July 1992 (** republished) (* updated *) on state reserves ((updated on 21 October 2015 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to art. II of Government Emergency Ordinance no. 28 28 of 9 June 1997 , published in the Official Gazette of Romania, Part I, no. 118 118 of 10 June 1997 and approved and amended by Law no. 206 206 of 4 December 1997 , published in the Official Gazette of Romania, Part I, no. 350 of 10 December 1997, giving the articles a new numbering. Law no. 82 82 of 21 July 1992 was published in the Official Gazette of Romania, Part I, no. 182 182 of 30 July 1992. ---------- + Chapter I General provisions + Article 1 State reserves are constituted as material reserves, intended for operative interventions for the protection of the population, the economy and for the defense of the country, in exceptional situations affecting a major public interest, determined by calamities natural, epidemics, epizootions, terrorist attacks, industrial and/or nuclear accidents, social phenomena, malfunctions of the economy, external conjunctures and in case of war. The state reserves are part of the private domain of the state and are administered by the National Administration of State Reserves and Special Issues, which are established by Government decision under the Ministry of Internal Affairs *). ---------- Paragraph 2 of art. 1 1 has been amended by section 1 1 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. The National Administration of State Reserves and Special Issues is headed by a president, with the rank of secretary of state, who has the status of authorising officer. ---------- Paragraph 3 of art. 1 1 has been amended by section 1 1 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. The National Administration of State Reserves and Special Issues has in subordination territorial units, with legal personality, which have the status of tertiary authorising officers. ---------- Paragraph 4 of art. 1 1 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. ---------- Article 1 has been amended by section 1. 1 1 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 1 ^ 1 Within the meaning of the present law, the following terms and expressions have the following meaning: a) the nomenclature of the products-the list of raw materials, materials and products, hereinafter referred to as products, which may be constituted as stocks, the maximum level of formation and the indicative term of storage; ... b) maximum level-the maximum quantity of product that can be purchased as a stock state reserve; ... c) indicative term of storage for a long time-an experimental or statistical period of time, at the end of which a product may be replaced by a similar fresh product; ... d) activity financed from own income-activity of operative interventions and reintegration of diminished stocks, carried out by the National Administration of State Reserves and Special Issues in accordance with the legal provisions, the existence distinct from other activities financed from the state budget; ... ---------- Lit. d) of art. 1 ^ 1 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. e) stock the state reserve-the quantity constituted by a product from the nomenclature, within the limit of the maximum approved level; ... f) intangible stock-the quantity of product within the stock reserve of the state assimilated to the reserves of mobilization in peacetime; ... ---------- Lit. f) of art. 1 1 ^ 1 has been amended by section 4.2 2 2 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. g) emergency stock-the quantity of deficient or non-existent product in the stock reserve of state at a given time, whose immediate necessity for intervention involves procurement procedures as a matter of urgency; ... h) conjuncture stock-the quantity of product from domestic or imported production, located in the private domain of the state, purchased for the purpose of subsequent recovery on favorable terms; ... i) stock available-the quantity of the existing product in excess of the maximum approved or no longer found in the nomenclature, having a commodity regime and which is subject to the activity fully financed by its own income; ... j) constitution of stocks-purchase of products with exclusive financing from the state budget, made within the maximum level approved by nomenclature; ... k) replenishment of stocks-purchase of products for the restoration of diminished stocks as a result of non-repayment of approved loans, put up for refresher by exchange and unrestricted contracts, consumed without legal approval or from other causes, carried out in the framework of the fully funded activity of its own income, as well as the granting of humanitarian aid; ... l) freshening of stocks-activity of replacement of quantities of products reached within the limit of the indicative term of long storage or at risk of qualitative depreciation or moral wear during storage, carried out through operations commercial sale-purchase or by product exchange; ... m) assortment change-the activity of the assortment change of some quantities of product from stock on the occasion of refreshment; ... n) short-term loan-consumption loan, of fungible and consumptible products, for a period not exceeding 12 months; ... o) product refund-commercial operation of delivery of products to state reserves in the framework of loan or freshening activities by exchange of products; ... p) operative interventions-the actions carried out in due time, in the exceptional situations provided by law, to limit or eliminate their effects; ... r) final removal-the operation to remove a quantity of product from the stock of the state reserve, with the corresponding reduction of the level provided in the nomenclature; ... s) the exploitation of the products-the marketing operation of quantities of product from the available stocks. ... ---------- Article 1 ^ 1 was introduced by item 1. 2 2 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 1 ^ 2 Repealed. (Alin. 1 1) ---------- Paragraph 1 of art. 1 ^ 2 was repealed following the establishment of the National Administration of State Reserves and Special Issues by JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 of 27 November 2009, according to letter. d) a art. 68, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. The staff of the National Administration of State Reserves and Special Issues has the obligation to ensure the protection of classified information, as well as confidentiality in relation to the facts, information or documents that it becomes aware of, being prohibited the use or disclosure of data or facts that, become public, would harm the National Administration of State Reserves and Special Issues, during the activity and for a period of 5 years after its termination. ---------- Paragraph 2 of art. 1 ^ 2 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. In order to preserve confidentiality in relation to classified information, depending on the certificate/security notice held, staff within the National Administration of State Reserves and Special Issues benefit from a monthly increase of up to 15% of the basic salary. ---------- Paragraph 3 of art. 1 ^ 2 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. The categories of personnel, the amount of the confidentiality increase, as well as the conditions of granting shall be established, within the limits provided by the regulations in force, by the principal authorising officer. ---------- Article 1 ^ 2 was introduced by item 1. 2 2 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 2 Repealed. ---------- Article 2 was repealed by point (a). 3 3 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 3 The nomenclature of the products reserves the state is strictly secret and is approved by Government decisions, with military character, on the proposal of the National Administration of State Reserves and Special Issues. ---------- Paragraph 1 of art. 3 3 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. Products to which intangible stocks are established, as well as their levels shall be established by the National Administration of State Reserves and Special Issues. ---------- Paragraph 2 of art. 3 3 has been amended by section 3 3 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. ---------- Article 3 has been amended by section 3. 4 4 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Chapter II Stock management of the state reserve ---------- Title Cap. II has been amended by section 5 5 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 4 The long-term preservation of products is usually carried out both in subordinate territorial units and specialized economic operators. Economic operators who have for storage products the state reserve are obliged, within their activity, to provide refreshment, quantitative integrity and their qualitative level, for a fee or by creating specific facilities, established under the law. ---------- Article 4 has been amended by section 4. 6 6 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 4 ^ 1 The purchase of products for the establishment and reunification of stocks reserve state is carried out according to the legal provisions on public procurement The National Administration of State Reserves and Special Issues may purchase, under the law, from domestic or import production, emergency stocks or conjuncture stocks, as the case may be, with the approval of the Government. ---------- Paragraph 2 of art. 4 ^ 1 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. Products reaching the limit of the long-term retention term or those that present danger of qualitative depreciation or moral wear shall refresh or change the assortment, based on an annual program established by the Administration National of the State Reserves and Special Issues. ---------- Paragraph 3 of art. 4 ^ 1 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. The annual program for the establishment and reunification of stocks reserve by the state, elaborated on sources of financing by the National Administration of State Reserves and Special Issues, involves the protection of some major interests of the state, has a character secret and approved by Government decisions, with military character. ---------- Paragraph 4 of art. 4 ^ 1 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. ---------- Article 4 ^ 1 has been introduced by section 4. 7 7 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 5 Products can be removed from state reserves in the following situations: a) under the conditions provided in art. 1 1 para. 1, as internal or external humanitarian aid, free of charge, with the approval of the Government; ... ---------- Lit. a) a par. 1 1 of art. 5 5 has been amended by section 4.2 8 8 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. b) under the conditions provided in art. 1 1 para. 1, as a short-term loan, with the approval of the Prime Minister, or definitively, by Government decision; ... ---------- Lit. b) a par. 1 1 of art. 5 5 has been amended by section 4.2 8 8 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. c) in order to refresh and/or prechange the assortment, as well as to capitalize on the available stocks, according to the annual program established by the National Administration of State Reserves and Special Issues. ... ---------- Lit. c) a par. 1 1 of art. 5 5 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. d) for exceptional situations motivated by institutions with attributions in the field of defense, public order and national security, free of charge, by Government decision. ... ---------- Lit. d) a par. 1 1 of art. 5 5 has been amended by section 4.2 1 1 of art. 3 of EMERGENCY ORDINANCE no. 43 43 of 14 October 2015 , published in MONITORUL OFFICIAL no. 785 785 of 21 October 2015. Repealed. (Alin. 2 2) ---------- Paragraph 2 of art. 5 was repealed following the establishment of the National Administration of State Reserves and Special Issues by JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 of 27 November 2009, according to letter. d) a art. 68, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. The provisions of the preceding paragraph shall not apply if the beneficiary of the loan enters or, as the case may be, is subject to the provisions Law no. 85/2006 * *) on insolvency proceedings. In these situations the repayment of the loan is assimilated to the expenses incurred for the preservation and administration of the goods from the debtor's estate, which are satisfied with priority over all creditors. ---------- Paragraph 2 ^ 1 of art. 5 5 has been amended by art. unique from LAW no. 428 428 of 18 July 2001 , published in MONITORUL OFFICIAL no. 410 410 of 25 July 2001. Under the conditions of para. 1 lit. a), for situations of maximum urgency, the Prime Minister may order the immediate granting of humanitarian aid, and they will be approved later, by Government decision. ---------- Paragraph 3 of art. 5 5 has been amended by section 8 8 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. For products removed from state reserves, the National Administration of State Reserves and Special Issues *) may charge an addition rate of up to 8% of their value, in order to recover the related management material expenses. ---------- Paragraph 4 of art. 5 5 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Article 5 ^ 1 Guarantees formed on the basis of provisions art. 3 of Government Ordinance no. 11/1995 on trade measures specific to national material reserves for the freshening of products and the use of those available, approved and amended by Law no. 69/1995 * *), from the date of the opening of the proceedings or, as the case may be, of the sentence issued by the syndic judge according to the Law no. 85/2006 on insolvency proceedings, shall be assimilated to the expenses necessary for the preservation and administration of the debtor's assets, which shall be satisfied with priority over all creditors. The provisions of the preceding paragraph shall also apply to voluntary liquidation. ---------- Article 5 ^ 1 has been introduced by item 1. 2 2 of art. I of EMERGENCY ORDINANCE no. 133 133 of 16 September 1999 , published in MONITORUL OFFICIAL no. 455 455 of 20 September 1999. + Article 5 ^ 2 At the express request of the National Administration of State Reserves and Special Issues or, as the case may be, of the subordinated territorial units, addressed to the syndic judge, its claims, as well as of the subordinated territorial units, compared to economic agents covered by the provisions Law no. 85/2006 on insolvency proceedings *), as amended, shall be assimilated to the expenses necessary for the preservation and administration of goods from the debtor's estate, which shall be satisfied with priority over all creditors. ---------- Article 5 ^ 2 has been amended according to letter. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. + Article 5 ^ 3 Claims of the National Administration of State Reserves and Special Issues and those of subordinated territorial units, not recovered as a result of the closure of the liquidation procedure or the situation in which the amounts made from the sale of the goods the debtor is insufficient to supply, close by the financing account. ---------- Article 5 ^ 3 has been amended according to letter. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. + Article 5 ^ 4 For products removed as a short-term loan or for refreshment, economic operators will constitute real securities or real estate, the amounts of which will ensure the replenishment of stocks. If the execution of the guarantee for extinguishing the debts exceeds 30 days from the date of the refund or maturity date, the economic operators will bear for the outstanding obligations and late increases, in the amount of those in force for budgetary claims, calculated from the due date until they are fully extinguished. The loan, sale-purchase or exchange contracts, concluded by the territorial units subordinated to the National Administration of State Reserves and Special Issues *), constitute enforceable securities. ---------- Article 5 ^ 4 has been amended by section 4. 2 2 of art. II of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Article 5 ^ 5 Until December 31, 2015 inclusive, for excise goods located in the fiscal warehouse of the National Administration of State Reserves and Special Issues, which are removed from state reserves under the conditions of art. 5 5 para. 1 lit. d) the system of value added tax and excise duty laid down by the Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, and the value of the value-added tax and excise duties related to excise goods shall be borne by the beneficiary institutions. Until 31 December 2015 inclusive, for the energy products referred to in art. 206 ^ 16 para. ((3) lit. a)-e) of Law no. 571/2003 , with subsequent amendments and completions, which are removed from state reserves under the conditions of art. 5 5 para. 1 lit. d), do not apply the provisions art. 206 ^ 51 para. ((4) of Law no. 571/2003 , with subsequent amendments and completions, the term of payment of excise duties being the one provided for in art. 206 ^ 51 para. ((1) of Law no. 571/2003 , with subsequent amendments and completions. ----------- Article 5 ^ 5 has been introduced by section 5. 2 2 of art. 3 of EMERGENCY ORDINANCE no. 43 43 of 14 October 2015 , published in MONITORUL OFFICIAL no. 785 785 of 21 October 2015. + Article 5 ^ 6 After January 1, 2016 inclusive, for excise goods located in the fiscal warehouse of the National Administration of State Reserves and Special Issues, which are removed from state reserves under the conditions of art. 5 5 para. 1 lit. d) the system of value added tax and excise duty laid down by the Law no. 227/2015 on the Fiscal Code, and the value of the value-added tax and excise duties on excise goods shall be borne by the beneficiary institutions. After 1 January 2016 inclusive, for the energy products referred to in art. 355 355 para. ((3) lit. a)-e) of Law no. 227/2015 , that are removed from state reserves under the conditions of art. 5 5 para. 1 lit. d), do not apply the provisions art. 345 345 para. ((3) of Law no. 227/2015 , the term of payment of excise duty being the one provided for in art. 345 345 para. ((1) of Law no. 227/2015 . ---------- Article 5 ^ 6 was introduced by the section 2 2 of art. 3 of EMERGENCY ORDINANCE no. 43 43 of 14 October 2015 , published in MONITORUL OFFICIAL no. 785 785 of 21 October 2015. + Article 5 ^ 7 For excise goods removed from state reserves until December 31, 2015 inclusive, in application of art. 5 ^ 5, and after January 1, 2016 inclusive, in application of art. 5 ^ 6, the National Administration of State Reserves and Special Issues issues invoices on which it is mentioned that the value of the goods removed free of charge is not paid, but only the consideration of excise duties, if they are due, and value added tax. ---------- Article 5 ^ 7 was introduced by the section 2 2 of art. 3 of EMERGENCY ORDINANCE no. 43 43 of 14 October 2015 , published in MONITORUL OFFICIAL no. 785 785 of 21 October 2015. + Article 6 The National Administration of State Reserves and Special Issues carry out activities with commercial sales-purchase in domestic and import-export activities for the accumulation and freshening of stocks, as well as for the valorization of products that remove from the nomenclature or exceed the maximum level of stocks and those that become available as a result of the periodic update of the assortment structure, the prices being determined by negotiation or auction. ---------- Paragraph 1 of art. 6 6 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. Repealed. (Alin. 2 2) ---------- Paragraph 2 of art. 6 6 has been repealed by section 6.6. 10 10 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Chapter III Financing of State reserves + Article 7 The financing of the expenses necessary for the accumulation of products in the state reserves, their administration, as well as for the development of the activity shall be ensured in full With the approval of the Government, the financing of accumulating emergency stocks can also be done from external credits employed by the Government. + Article 8 The commercial operations related to the annual programs to refresh the stocks of state reserves and to capitalize on the quantities of products available, as well as their reunification are carried out within the activity financed entirely from income own, approved by the Government, with the classification in the revenues and expenses provided in the budget of the National Administration of State Reserves and Special Issues. ---------- Paragraph 1 of art. 8 8 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. The value influences between the prices collected at the exit and paid at the entrance of the quantities of freshened products, provided for in the annual programme, shall be borne by the own income realized within the activity financed entirely by their own income, and the financing of the price differences achieved at the assortment exchange of freshened products is borne from the state budget. In the situations provided in art. 5 5 para. 1 lit. a), the funds necessary for the replenishment of stocks will be financed from the state budget if in the normative act of approval of the aid is not provided otherwise. In the situations provided in art. 5 5 para. 1 lit. d), the funds necessary to replenish the stocks will be financed from the state budget, through the budget of the Ministry of Internal Affairs-National Administration of State Reserves and Special Issues. ---------- Paragraph 4 of art. 8 8 has been introduced by section 3 3 of art. 3 of EMERGENCY ORDINANCE no. 43 43 of 14 October 2015 , published in MONITORUL OFFICIAL no. 785 785 of 21 October 2015. ---------- Article 8 has been amended by section 6.6. 11 11 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Chapter IV Sanctions + Article 9 Repealed. ---------- Article 9 was repealed by point (a). 1 1 of art. 42 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 10 Economic operators referred to in art. 4 are obliged to recomplete, within 30 days from the date of the finding of the decrease, the quantities of products the state reserve. ---------- Paragraph 1 of art. 10 10 has been amended by section 2 2 of art. 42 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. Failure to comply with the obligation provided in 1 constitutes contravention and is sanctioned with a fine of 100,000,000 lei to 500,000,000 lei. The penalty applies to legal entities. The finding of the contravention and the application of the sanction shall be made by the powers of the National Administration of State Reserves and Special Issues, as well as by other financial control bodies specifically empowered for this purpose. ---------- Paragraph 4 of art. 10 10 has been modified according to lit. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. Contravention provided in par. 2 2 the provisions applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for those provided in art. 28 28 and 29, relating to the payment of half of the minimum fine. ---------- Paragraph 5 of art. 10 10 has been amended by section 12 12 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. ---------- Article 10 has been amended by section 10. 2 2 of art. I of EMERGENCY ORDINANCE no. 99 99 of 27 June 2001 , published in MONITORUL OFFICIAL no. 350 350 of 29 June 2001. + Chapter V Other provisions ---------- Title Cap. V has been amended by section 13 13 of art. I of LAW no. 445 445 of 30 November 2006 , published in MONITORUL OFFICIAL no. 985 985 of 11 December 2006. + Article 11 The number of territorial units subordinated to the National Administration of State Reserves and Special Issues, the establishment, abolition, reorganization, as well as their location are approved by Government decisions, on the proposal of the Administration National of the State Reserves and Special Issues. ---------- Article 11 has been amended by section 1. 4 4 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. + Article 12 The patrimonial disputes in which the National Administration of State Reserves and Special Issues are included or a unit subordinated to it shall be tried in the first instance by the Bucharest City Court. ---------- Article 12 has been amended in accordance with the letter. c) a art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of November 9, 2009, by replacing the phrase "National Administration of State Reserves" with the phrase "National Administration of State Reserves and Special Issues" from the date of entry into force of JUDGMENT no. 1.380 1.380 of 18 November 2009 , published in MONITORUL OFFICIAL no. 815 815 of 27 November 2009. + Article 13 The organization, operation and administration of state reserves under the conditions of this law shall be established by Government decisions *). ---------- Article 13 has been amended by section 1. 5 5 of art. 59, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 761 of 9 November 2009. + Article 14 On the date of entry into force of this Law, the Decree no. 357/1979 on the system of state reserves of plant and agricultural products, not published, and any other provisions to the contrary. -------------
