Law No. 221 Of 31 December 1997 On Empowering The Government To Issue Ordinances

Original Language Title:  LEGE nr. 221 din 31 decembrie 1997 privind abilitarea Guvernului de a emite ordonanţe

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Law No. 221 of 31 December 1997 on empowering the Government to issue ordinances published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 396 of 31 December 1997, the Romanian Parliament adopts this law.


Article 1 pursuant to article 6. 114 para. (1) of the Constitution of Romania, the Government is empowered, as from the date of entry into force of this law until the resumption of Parliament on the first regular session of 1998, to issue decrees in the following areas: the ratification of international agreements) relating to foreign loans granted and guaranteed by Romania of some foreign loans, including some amendments to such agreements; ratification of the agreement on the loan between Romania, the European Investment Bank (B.E.I.) and National Telecommunication Company "Romtelecom"-S.A., amounting to ECU 40 million for the funding of the project for the development of the telecommunications sector; ratification of the agreement on the loan between Romania, the European Investment Bank (B.E.I.) and directed by Autonomous heat distribution "Laugh", amounting to ECU 30 million for the financing of the project for the rehabilitation of district heating system of the municipality of Bucharest; ratification of the loan agreement between Romania and the Social Development Fund of the Council of Europe (F.D.S.C.E.), amounting to ECU 10 million to finance the project for the rehabilitation of district heating system of the municipality of Bucharest; ratification of the loan agreement between Romania and the International Bank for reconstruction and development (B.I.R.D.), amounting to 25.5 million dollars to finance the Project, S.U.A. cadastre and real estate advertising generally; approval of external public debt ceiling for the year 1998; ratification of Romania's participation in the European EUREKA initiative and the European scientific and technical cooperation (COST); taking over the public debt of some losses from disasters and provision of compensation to farmers for disaster areas; taking over the debt of some of the losses recorded by the National Agency for agricultural products-r.a.; modification and completion of some legal provisions relating to profits tax, salaries tax, the taxation of the income realised in Romania by non-resident individuals and legal entities, value added tax, excise duties on imported products and from the country, as well as income tax from crude oil from domestic production and natural gas; the establishment and use of special Development Fund available to the Government; Regulation of transitional protection of patents for inventions, the protection of new varieties of plants and of the charges in the field of protection of industrial property; updating of fees in the audiovisual sector; some voluntary measures for vehicles serving the prefectures; approval of the staff regulations and customs regulating the competence of the Customs authorities for the enforcement of intellectual property rights, as well as some tax benefits; Romania's accession to international organizations-Organization Intraeuropeana of tax administration; completing the regulations authorizing the payment of contributions to the international organizations to which Romania is a party;
  

b financial support) policies of agricultural producers through: the establishment of the Fund for the financing of agriculture, how to use the National Fund to protect farmers, the establishment of the system of coupons for farmers in 1998; measures to stabilize the markets of agricultural products; supporting the agricultural producers ' income through: export price subsidies for corn, financial support for the conditioning and storage of maize harvest of 1997; the formation and development of competitive markets; development of the system of further training of extension and producers in the agri-food sector and the establishment of the national service of extension and consultancy services; restructuring of agricultural businesses; reorganization of health structures, with a view to liberalization veterinary activity;
  

c) Organization and operation of venture capital funds; measures for coordination of the strategy and the management of financial funds for the development of small and medium enterprises in the fields of industry and Commerce;
  

d) public procurement regulations;
  

certain conditions concerning e) social security, labour force and unemployment, including salary policy, as well as the protection of pensioners I.O.V.R.; staff salaries in budgetary sector;
  

f) protection of persons with disabilities: the establishment of boards of medical expertise of the person with disabilities; establishment and functioning of protected workshop for the disabled;
  

g) rules concerning the protection of cultural heritage-national; Organization and operation of public libraries; taxes and levies regime to some cultural activities; exemption from excise duties and from the production and marketing of paper and other printing materials, intended for printing school books, the book in general, cultural publications, newspapers and magazines;
  

h) sponsorship regulations;
  

I) Regulations: Organization and financing of research and development and innovation; the nuclear field; national system of quality, quality infrastructures, as well as regulations concerning the Minister's Cabinet;
  

reform measures) in the health sector;
  

k) Organization and conduct of the business of tourism in Romania; the National Fund for the development and promotion of tourism; refund coverage and differences in exchange rates for foreign currency amounts of Romanian citizens on behalf of the Romanian Foreign Trade Bank-S.A. According to the laws in force up to 31 December 1989;
  

l) forest offences regime; the management of private forests; the average Fund, the waste and toxic substances; fees and charges regime for environmental benefits;
  

m) arrangements for the implementation of the programme of reform in education; necessary framework concerning the physical basis of education; measures of social protection of pupils and students and measures to combat drug use;
  

n) reorganization of the companies which administer autonomous areas, by amending and supplementing Government Emergency Ordinance nr. 30/1997 on the reorganization of the autonomous public corporations; measures concerning the importation of spare parts for aircraft Company "National Company Romanian Air Transport-TAROM"-S.A.; the establishment of the special regime for international maritime transport operations; measures relating to the management of the Ministry of transport, on behalf of the State, the shares of companies established in 1997 by reorganizing the autonomous public corporations under the authority thereof; modification and completion of the law #. 115/1996 on the creation and utilization of the special fund of the public roads;
  

a ratification of the Protocol) of the Government of Romania and the Government of the Republic of Moldova in the field of transport, signed in Bucharest on 24 July 1997; rights with the character reparatoriu some war veterans and former members of the army; some specific measures for freshening up stocks of products and materials in mobilization of army reserve; exemption from the payment of the share for the formation of oil type auto, intended for consumption there special military technique army endowment, which does not use the public roads;
  

some measures) relating to aliens in Romania; financing imports of military technique and other products and services necessary for the Ministry of Interior; the field of public order and road-work of manufacturing of sheets with the registration numbers of vehicles on the road, in the workshops of the Inspectorate-General of Police; salaries and other entitlements of military and civilian personnel of the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, the foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service;
  

r) accepting the Protocol 4 to the general agreement on trade in services, adopted at Geneva on 15 April 1997, and the list of specific commitments of Romania in the field of telecommunications, the annex to this protocol; communications special fund;
  

s) funding from other sources than the budget of some specific activities of administration of State reserves;
  

s) ratification of bilateral agreements for the provision of economic assistance grant to Romania by the European Union and the countries belonging to the G-24; completion of the institutional framework for European integration;

t) measures to protect tenants; modification and completion of the code of civil procedure, the legal provisions relating to judicial stamp fees, notary fees and judicial stamp stamp, measures concerning the granting of damages;
  

t) certain conditions concerning the withdrawal from service of used fixed assets undepreciated; the establishment of the special fund for the improvement of the working environment;

u) development and use of information technologies.
  


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution, until the resumption of Parliament on the first regular session of 1998, the ordinances issued by the Government pursuant to art. 1 will be forwarded to Parliament for approval, according to the legislative procedure, failure to comply with the time limit for the termination of the effects thereof.
  


(2) Ordinances made by the Government pursuant to paragraph 1. (1) will be debated as a priority.
  


Article 3 in the areas referred to in this law unconstitutional, if it were adopted draft laws or legislative proposals by one of the Chambers of Parliament or have been compiled and submitted reports of standing committees dealing background, they will be considered by the Government to issue ordinances.
This law was adopted by the Chamber of deputies at its meeting on 16 December 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting on 18 December 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE PRESIDENT-----