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Law No. 40 Of 16 February 1998 Approving Government Emergency Ordinance Nr. 51/1997 Concerning Certain Protective Measures And Closure Of Mines

Original Language Title:  LEGE nr. 40 din 16 februarie 1998 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 51/1997 privind unele măsuri de conservare şi de închidere a minelor

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LEGE no. 40 40 of 16 February 1998 for approval Government Emergency Ordinance no. 51/1997 on some measures to preserve and close the mines
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 87 87 of 24 February 1998



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 51 51 of 18 September 1997 on some conservation and mine closure measures, published in the Official Gazette of Romania, Part I, no. 245 of 19 September 1997, with the following amendments and additions: 1. The title of the ordinance shall read as follows: "Emergency Ordinance on the conservation and cessation of activities of mines" 2. Article 1 shall read as follows: "" Art. 1. -Until the entry into force of the law of mines, economic agents in the mining sector, located in one of the situations provided in art. 2, will request the National Agency for Mineral Resources to cease the activity of mines, with the prior opinion of the Ministry of Industry and Trade. 3. Article 2 shall read as follows: "" Art. 2. -The cessation of mine activity can be decided in one of the following situations: a) the exploitable reserves of mineral resources have been exhausted; b) the continuation of exploitation has become impossible due to natural causes; c) exploitation has become economically unprofitable; d) lack of demand for products. " 4. Article 3 shall read as follows: "" Art. 3. -For the cessation of the activity of mines, economic agents are obliged to draw up a technical-economic documentation and a plan to terminate the activity. " 5. Article 4 shall read as follows: "" Art. 4. -The plan for the cessation of mine activity will mainly include the following documentation: a) the technical program of preservation or closure by decommissioning, as the case may be; b) the ecological reconstruction program or, as the case may be, to prevent environmental damage, as a result of the cessation of mining activity; c) the social protection programme of staff made redundant after decommissioning; d) the sources of financing necessary to cover the closing expenses, resulting from the technical program of decommissioning or conservation, from the environmental recovery program and from the social protection program, to be provided from own sources and from budget allocations. " 6. Article 5 shall read as follows: "" Art. 5. -(1) Within 30 days of the economic agent's presentation of the request for termination of the mine activity, the National Agency for Mineral Resources will proceed to the public tender call, under the law, to grant the persons legal entities or associations of employees, as the case may be, licenses to exploit the proposed perimeters to stop the activity. (2) The license shall be granted in written form and shall enter into force on the date of publication in the Official Gazette of Romania of the Government's decision approving it. (3) The operating license will be updated and will be valid after the entry into force of the mine law. " 7. Article 6 shall read as follows: "" Art. 6. -If within 30 days of the launch of the public offer call no legal person or association of employees expresses their interest, the National Agency for Mineral Resources will submit for approval to the Government the decision to close Mine. " 8. Article 7 shall read as follows: "" Art. 7. -(1) In the case of permanently closed mines, the assets and fixed assets made redundant will be capitalized under the law. (2) Some subunits of the economic agents subject to the definitive closure process may be reorganized as commercial companies with state capital, which will be subject to privatization or, as the case may be, be sold as assets, as a matter of priority, under the conditions the law, the associations of employees in that field, at their request (3) This right can benefit all employees made redundant by restructuring, according to Government Emergency Ordinance no. 9/1997 and Government Ordinance no. 22/1997 22/1997. " This law was adopted by the Chamber of Deputies at the meeting of October 21, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of February 3, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE ---------