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Law No. 148 Of 14 July 1998 On Empowering The Government To Issue Ordinances

Original Language Title:  LEGE nr. 148 din 14 iulie 1998 privind abilitarea Guvernului de a emite ordonanţe

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LEGE no. 148 148 of 14 July 1998 on the empowerment of the Government to issue ordinances
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 263 263 of 15 July 1998



The Romanian Parliament adopts this law + Article 1 Pursuant to art. 114 114 para. (1) of the Romanian Constitution, the Government is empowered that, from the date of entry into force of this law until the resumption of the Parliament's work in the second ordinary session of 1998, it shall issue ordinances in the following areas: 1. ratification of international agreements on foreign credits granted to Romania and Romania's guarantee of external credits, including amendments to such agreements, as well as modification of some provisions on the regime foreign investments in Romania: a) ratification of the Loan Agreement with the Social Development Fund of the Council of Europe, amounting to ECU 10 million, for the financing of the Project for the rehabilitation and modernization of the district heating system in Bucharest; b) ratification of the Guarantee Agreement with the International Bank for Reconstruction and Development for the financing of the National Radio Spectrum Management System, in the amount of 30 million U.S. dollars; c) ratification of the Loan Agreement between Romania and the Social Development Fund of the Council of Europe for the Project on Child Protection, amounting to ECU 10 million; d) ratification of the Loan Agreement between Romania and the International Bank for Reconstruction and Development for the Project on Child Protection, in the amount of 5 million dollars U.S.; e) ratification of the Financial Cooperation Framework Agreement between Romania and the Northern Investment Bank; f) ratification of the Loan Agreement between Romania and the International Economic Cooperation Fund of Japan (OECF) for the construction and equipping of a container terminal in the Port of Constanta; g) ratification of the Loan Agreement between Romania and the International Economic Cooperation Fund of Japan (OECF), for the rehabilitation of some road sectors located on DN 6; h) ratification of the Agreement on the adoption of uniform conditions of periodic technical control of motor vehicles and international recognition of control, agreed in Vienna on 13 November 1997; i) Romania's accession to the Agreement on international transports of perishable goods and on the special means of transport to be used for these transports (ATP)-Geneva, 1 September 1970; j) ratification of the Agreement between the Government of Romania and the Government of Ukraine on cooperation in the field of border water management, signed in Galati on 30 September 1997; k) ratification of the Convention for the creation of the European Telecommunications Bureau (ETO); l) ratification of the Framework Convention on cross-border cooperation; ratification of the Financial Memorandum on the National PHARE Programme for 1998; m) amendment of Government Ordinance no. 66/1997 on the regime of foreign inventions in Romania, made by buying government securities; n) coverage by the Romanian state of the claim of the German company "Seetransport Wiking Trader"; o) Romania's acceptance of the 4th Amendment project to the Statute of the International Monetary Fund, approved by the Resolution of the Board of Governors no. 52 52 of 23 September 1997; p) amending the Agreement, in the form of an Exchange of Letters, between Romania and the European Community on the reciprocal establishment of tariff quotas for certain wines, signed in Brussels on 7 April 1998; r) Affiliate agreement of the Ministry of National Defence at the International Council of Military Sports; 2. policies for the financial support of agricultural producers, by: a) financing of extension, consulting and training, for farmers; b) measures to ensure financing of actions related to the application of the Land Fund Law no. 18/1991 18/1991, republished; c) modification and completion of Government Ordinance no. 9/1998 on the establishment of the coupon system for farmers in 1998; d) establishment of the fund for taking over wheat from the harvest of 1998, necessary for internal consumption e) approval of the premium of 200 lei/kg when buying wheat from the harvest of 1998 for bakery, intended for domestic consumption, commercial milling and/or bakery companies; f) the granting of a premium on the export of wheat from the harvest of g) allocation from the state budget of the funds necessary to cover the expenses for the reception and storage of wheat from the harvest of 1998; h) inter-branch organisations in the agricultural and agri- i) the coverage of external flows resulting from the import of pesticides made in 1991, within the framework of the governmental program of citrus loans and the difference in price and rate, related to the import of crude oil made on the basis, in 1991, in the framework of the Program established by Government Decision 274/1992 274/1992; j) the provision of facilities to suppliers of chemical fertilizers and plant protection products in 1998; k) regulation of losses resulting from the activity of the National Agency for Agricultural Products-R.A.; l) modification and completion of the veterinary law no. 60/1974 60/1974, republished; 3. protection of waters, forests and the environment, embodied in: a) regulation of the forestry regime and administration of the National Forest Fund b) afforestation of degraded land; c) restructuring of the Autonomous Regia "Roman Waters"; 4. budget, finance, accounting, taxes and fees: a) rectifying the state budget for 1998 and the other budgets of the consolidated budget for 1998; b) modification and completion of some provisions on the formation and use of resources carried out through the state treasury c) modification of the interest rate on government securities issued by the Ministry of Finance, based on Government Emergency Ordinance no. 43/1997 43/1997, no. 72/1997 72/1997, no. 90/1997 90/1997 and No. 33/1998 33/1998; d) modification and completion of legal provisions on the establishment of marking system for cigarettes, tobacco products and alcoholic beverages; e) the procedure for drawing up and submitting tax and tax declarations; f) the imposition of incomes made in Romania by non-resident individuals and legal entities; g) tax registration of tax payers; h) establishment of the fee for the issuance of the "duty-free" store operating authorization; i) modification and completion of legal provisions on the activity of accounting expertise and authorized accountants, operations and leasing companies; j) organization and functioning of the Financial Guard k) modification and completion of legal provisions concerning the activity of the Financial Guard; l) amendment and completion of Law no. 26/1990 on the trade register, republished, in the sense of clearly stating the destination of the amounts representing the share of 2% of the fees charged from the offices of the trade register and which shall be transferred to the Ministry of Justice; m) regulation of payment of tariffs for services provided by the National Office of Cadastre, Geodesy and Cartography and county offices of cadastre, geodesy and cartography; n) amendment of Government Emergency Ordinance no. 85/1997 on the imposition of income made by individuals, in the sense of providing facilities to athletes, coaches and sports technicians who have achieved high performance objectives; o) modification and completion of Government Ordinance no. 12/1998 on stamp duties for notarial activity; 5. public procurement: a) supplementing the legislation on public procurement, in particular with regard to tasks and harmonisation with the directives of the European Union; b) completion of Government Ordinance no. 12/1993 on public procurement, republished; 6. speeding up the privatization process: a) the regulation of the transfer to the State Property Fund of the shares of the companies resulting from the reorganization of the autonomous regions; b) regularization of social capital shares, allocated according to the Law on privatization of companies no. 58/1991, as amended, between the State Property Fund and the financial investment companies, as provided by art. 3 3 para. ((1) of Law no. 83/1997 for the privatization of companies to which the state is a shareholder, in order to prevent the value of banks in the sale process; c) measures to stop the subcapitalization of Romanian banks with state capital compared to banks of the same specific in central and eastern Europe, which have gone through privatization processes in recent times; 7. Social insurance, labor, unemployment and payroll: a) increase of military personnel and basic salaries for some categories of civil personnel in the defense, public order and national security sector; b) the establishment of salary coefficients for persons elected or appointed to public dignity positions in the local public administration; c) salaries of diplomats; d) regulation of the payment of external collaborators used by ministries in the elaboration of draft codes and other normative acts; e) some protection measures for the personnel of the National Society of Romanian Railways (S.N.C.F.R.), whose individual employment contracts will be opened as a result of collective redundancies; f) modification of the Decree of the State Council no. 207/1976 on the material liability of the military; g) establishment, organization and functioning of the House of Health Insurance, Public Order and National Safety; 8. health care reform: a) the organization and functioning of medical offices; b) establishment and functioning of the National Medicines Agency; 9. culture and protection of cultural heritage, by: a) improving the financing system and cultural programmes and projects; b) organization and functioning of the National Cultural Fund 10. national education: a) the granting of bank credits for students from state education; b) the establishment of the fund to support libraries in education; c) changing the structure of the teaching norm in pre-university education d) establishment of the Evaluation and Accreditation Commission of Pre-University Education; e) the organization of the capacity examination and the baccalaureate in the school year 1998/1999; f) the establishment of university extensions of Romania abroad; g) continuing vocational training through the educational system; h) admission, with tax, in higher education over the places financed from the state budget; i) funding of higher education institutions in the coordination of the Ministry of National Education 11. standardisation: -the amendment of some deadlines provided for in the national standardisation legislation; 12. transport: a) measures to fulfil the obligations assumed by Romania by joining the EUROCONTROL International Convention on Cooperation for Navigation Security and the Multilateral Agreement on Air Route Rates; b) the arrangements for access to public transport infrastructure; c) modification and completion of certain provisions of Law no. 118/1996 on the establishment and use of the Special Fund of Public Roads, republished; d) establishment and use of the Special Civil Aviation Fund; e) modification and completion of Government Emergency Ordinance no. 30/1997 on the reorganization of autonomous regions, approved and modified by Law no. 207/1997, as amended; f) the establishment of the special regime for international maritime transport activity; g) the modification of the provisions on value added tax for credits in progress or in the process of contracting, intended for the rehabilitation of transport infrastructures and restructuring; h) amendment of Law no. 10/1995 on quality in construction, regarding the development of transport infrastructure rehabilitation works, financed by PHARE funds; i) improving the legal framework in the field of transport, in order to harmonise with European Union legislation; j) measures for the reorganization of the National Society of Romanian Railways (S.N.C.F.R.) on commercial principles; k) establishment of institutions fully funded from extra-budgetary income, subordinated to the Ministry of Transport; l) amendment and completion of Government Ordinance no. 44/1997 on road transport and Government Ordinance no. 43/1997 on the road regime, republished, with regard to the criteria for access to the profession of international road haulier; m) amendment of Government Ordinance no. 47/1997 regarding the imposition of income made from Romania by non-resident individuals and legal entities, approved by Law no. 180/1997 and amended by Government Ordinance no. 37/1998 37/1998; n) modification and completion of Government Ordinance no. 48/1994 on the modification of some taxes for the use of public roads and for some services in ports and airports, approved by Law no. 123/1994, as amended; 13. communications: a) designating the signatories of the exploitation agreements of the international satellite telecommunications organizations: Intelsat, Entelsat, Inmarsat; b) extension of the validity of the N.M.T. license and the related fee; c) change of the level of fees to the licenses issued by the Ministry of Communications, in accordance with the price and tariffs index of the economy; 14. tourism: a) amendment of Government Ordinance no. 8/1998 establishing the Special Fund for the promotion and development of tourism; b) organization and conduct of tourism activity in Romania; coverage and return of foreign exchange rate differences for the amounts in foreign currency deposited by Romanian citizens on account of the Romanian Foreign Trade Bank-S.A., according to the legislation in force, until 31 December 1998; c) establishment of the agro-tourism lending fund; Romania's accession to the "Die Donau" Promotion Association and to the European Tourism Commission; 15. defence, public order and national security: a) Romania's defence planning; b) accumulation, removal and refreshment of products from the army's stocks and mobilization reserves; c) granting of visas necessary to cross the state border of Romania; d) the regulation of the situation of goods of any kind subject to confiscation, without heirs or without master, as well as their valorization, under the conditions and procedures of transmission without payment of confiscated goods; e) modification and completion of Government Ordinance no. 31/1998 for the approval of the exemption from the payment of the value added tax on some imported products and equipment for the endowment of the Ministry of National Defence, the Special Telecommunications Service, the Romanian Intelligence Service, the Service of Foreign Intelligence and the defense industry; f) completion of the Annex to Government Emergency Ordinance no. 7/1998 on the prices and tariffs of products and services that are executed or performed in the country within the framework of activities of a natural monopoly nature, of those subject by law to a special regime or autonomous regions, which are established with the opinion of the Competition Office, for the inclusion of guard tariffs with gendarmes troops in the category of services whose tariff is endorsed by the Competition Office; 16. public works and spatial planning: -declaring as a national interest area of an ensemble in the central area of Bucharest, including the new civic center and the historical center; 17. national minorities: -regulation of the restitution of immovable property belonging to national communities; 18. the empowerment of the National Bank of Romania to perform a monetary jubilee issue (gold), on the occasion of the 150th anniversary of the Revolution of 1848. + Article 2 (1) In accordance with the provisions of art. 114 114 para. (3) of the Romanian Constitution, until the resumption of the Parliament's works in the second ordinary session of 1998, the ordinances issued by the Government pursuant to art. 1 will be submitted to the Chamber of Deputies and the Senate for approval, according to the legislative procedure, non-compliance with the deadline by attracting (2) Ordinances submitted by the Government according to par. (1) will be debated as a priority. + Article 3 In the areas of empowerment provided for in this law, if draft laws or legislative proposals have been adopted by one of the Houses of Parliament or have been developed and submitted reports of the standing committees referred to in substance, they will be considered by the Government when issuing the ordinances. This law was adopted by the Chamber of Deputies at the meeting of June 30, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES VASILE LUPU This law was adopted by the Senate at the meeting of June 30, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU -----------