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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Law No. 148 of 14 July 1998 on empowering the Government to issue ordinances published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 263 of 15 July 1998, 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 the work of the Parliament in the second regular session of 1998, to issue decrees in the following areas: 1. ratification of international agreements concerning foreign loans granted and guaranteed by Romania of some foreign loans, including some amendments to such agreements as well as the modification of some provisions on the regime of foreign investments in Romania: a) ratification of the agreement on the loan with the Social Development Fund of the Council of Europe, amounting to ECU 10 million to finance the project for the rehabilitation and modernisation of the district heating system in the municipality of Bucharest;
  

b) ratification of an agreement with warranty International Bank for reconstruction and development to finance the national system for the management of radio frequencies spectrum, worth 30 million dollars S.U.A.;
  

c) ratification of an agreement on the loan between Romania and the Social Development Fund of the Council of Europe project on child protection, worth 10 million ECU;
  

d) ratification of an agreement on loan between Romania and the International Bank for reconstruction and development for the child protection Project, worth $ 5 million S.U.A.;
  

e) ratification of the framework agreement on financial cooperation between Romania and Northern Investment Bank;
  

f) ratification of the agreement on the loan between Romania and the international economic cooperation Fund of Japan (OECF) from for the construction and equipment of a container terminal in the port of Constanta;
  

g) ratification of an agreement on the loan between Romania and the international economic cooperation Fund of Japan (OECF) from, for the rehabilitation of some sectors of the road located on route 6;
  

h) ratification of the agreement concerning the adoption of uniform conditions to control regular testing of vehicles and recognition of international control, agreed at Vienna on 13 November 1997;
  

I) Romania's accession to the agreement on the international transport of perishable foodstuffs and on the special means of transport to be used for such operations (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 water management of the border, signed the prison on 30 September 1997;
  

ratification of the Convention) for the creation of a European Telecommunications Office (ETO);
  

l) ratification of the framework Convention on transfrontier cooperation; ratification of the memorandum concerning the PHARE national programme for the financial year 1998;
  

m) to amend Ordinance No. 66/1997 concerning foreign inventions in Romania, realized through the purchase of government bonds;
  

n) cover of the Romanian State to claim the German firm "Seetransport Wiking Trader";
  

o) acceptance by project Romania of the 4th amendment to the statutes of the International Monetary Fund, approved by the Governing Council resolution nr. 52 of 23 September 1997;
  

p) to amend the agreement in the form of an exchange of letters between the European Community and Romania on the establishment of mutual tariff quotas for certain wines, signed at Brussels on 7 April 1998;
  

r) affiliate agreement of the Ministry of national defense to International Military Sport Council;
  

2. financial support policy of agricultural producers through: a) finance operations, consulting and training, intended for farmers;
  

b) measures to ensure the funding of law enforcement actions related to land fund no. 18/1991 republished;
  

c) Amendment Ordinance No. 9/1998 on the establishment of the system of coupons for farmers in 1998;
  

d) Fund for wheat crop year 1998, internal consumption;
  

e approval of the first of 200) lei/kg when buying wheat from the 1998 harvest for domestic consumption bakery, milling companies and/or bakery;
  

f) grant to the export of wheat from the 1998 harvest;
  

g) allocation from the State budget funds needed to cover expenditure for the reception and storage of wheat crop year 1998;
  

h) inter-branch organizations in the field of agriculture and agro-industrial sector;
  

I cover external debt) resulting from the importation of pesticides released in 1991 as part of the Government loans and citrus difference in price and, of course, related to the import of crude oil achieved on the basis of, in 1991, under the scheme established by Government decision No. 274/1992;
  

j) providing facilities to the providers of chemical fertilizers and plant protection products in 1998;
  

k) regulating the losses arising from the activity of the National Agency for agricultural products-r.a.;
  

l) amendment of Veterinary Law nr. 60/1974, republished;
  

3. protection of waters, forests and environment, resulted in: a) the regulation of the forestry regime, and the national forest administration of the Fund;
  

b) impadurirea degraded lands;
  

c) restructuring of the autonomous public corporation "Romanian Waters";
  

4. budget, finance, accounting, taxes and fees: the adjustment of the State budget) on the 1998 budget and the other components of the consolidated budget for the year 1998;
  

b) modification and completion of some provisions relating to the formation and use of the resources developed through the State Treasury;
  

(c) amendment of the interest rate) debt securities issued by the State Ministry of finance, on the basis of the Government emergency Ordinances No. 43/1997, no. 72/1997, no. 90/1997 and nr. 33/1998;
  

d) modification and completion of some legal provisions concerning the establishment of the system of marking for cigarettes, tobacco products and alcoholic beverages;
  

e) the procedure for drawing up and submission of declarations of taxes and fees;
  

f) imposition of revenue in Romania by non-resident individuals and legal entities;
  

g) registration tax payers of taxes and fees;
  

(h) the fee for) setting up authorization for the operation of businesses "tax-free";
  

I) modification and completion of some legal provisions concerning the work of Chartered and certified accountants, operations and leasing companies;
  

j) Organization and operation of the guard;
  

k) on modification and completion of some legal provisions relating to the work of the financial Guard;
  

l) amendment of law No. 26/1990 on the commercial register, republished, for the purposes of depreciable property of the destination amounts represent share of 2% of the fees from trade register offices and the Ministry of Justice, which shall be transferred;
  

m) regulating the payment of charges for services provided by the national Office of cadastre, Geodesy and cartography and cadastre of the county offices, Geodesy and cartography;
  

n) Emergency Ordinance Amendment of the Government. 85/1997 concerning the taxation of income derived by individuals for the purposes of granting the facilities athletes, coaches and technicians that have achieved targets athletes of high performance;
  

a) Amendment Ordinance No. 12/1998 on stamp taxes for notary activity;
  

5. procurement: a) the completion of the legislation on public procurement, in particular as regards the tasks and harmonization with European Union directives;
  

b) completing the Government Ordinance. 12/1993 on public procurement, republished;
  

6. speed up privatization: a) the regulation of the transfer of State property Fund has shares in companies as a result of reorganization of the autonomous public corporations;
  

b) settlement capital shares, allocated according to the law on privatisation of companies no. 58/91, as amended, between the State property Fund and financial investment companies, as provided for in art. 3 paragraphs 1 and 2. (1) of law No. 83/1997 for privatization of companies in which the State is a shareholder, in order to prevent a reduction in the value of banks in the process of selling them;
  

c) measures to halt subcapitalizarii Romanian banks with State-owned banks versus the same specific from Central and Eastern Europe, who have gone through the processes of privatization in the last period;
  

7. social security, unemployment, labor force and payroll: increase of military personnel) back pay and salaries for certain categories of civilian personnel in the defence, public order and national safety;
  

b) establishing salary coefficients for persons elected or appointed public office officials from local public administration;
  

c) salaries of diplomats;
  

(d) the payment of external collaborators) regulating the use of ministries in the elaboration of draft codes and other normative acts;
  

e) some protective measures for the staff of National Railway Society (S.N.C.F.R.), whose individual contracts of employment shall be disposed of as a result of collective redundancies;
  

f) amendment of the Decree of the State Council's no. 207/1976 concerning the liability of the military;
  

g) the setting up, organisation and functioning of the House health insurance defence, public order and national security;
  


8. reform of the health system: a) Organization and operation of medical practices;
  

b) establishment and functioning of National Medicines Agency;
  

9. culture and protection of cultural heritage through: improving the system of funding) and cultural programmes and projects;
  

b) Organization and operation of the National Cultural Fund;
  

10. national education: a) the granting of bank loans for students at public education;
  

b) Fund to support libraries in education;
  

c) modification of the norm in pre-university education;
  

(d) the establishment of the Evaluation Committee) and accreditation of Undergraduate Education;
  

(e) organizing capacity) exam and the examination in the school year 1998/1999;
  

(f) establishment of academic extensions) of Romania abroad;
  

g) training continues through the educational system;
  

h) admission, the fee in higher education over places financed by the State budget;
  

I) financing higher education Coordinating Ministry-owned national education;
  

11. Standardization:-modification of time limits provided for in national legislation in the field of standardization;
12. transport: measures for the fulfilment of obligations) incurred by Romania through accession to the EUROCONTROL International Convention relating to cooperation for the safety of navigation and the multilateral Agreement relating to route charges;
  

b) fee regime for access to transport infrastructure in the public interest;
  

c) modifying and completing certain provisions of law No. 115/1996 on the creation and use of the special fund for public roads, republished;
  

(d) the establishment and use of Fund) of civil aviation;
  

e) modification and completion of the Emergency Ordinance of Government No. 30/1997 on the reorganization of companies, approved and amended by law No. 207/97, as amended;
  

f) imposition of special arrangements for international maritime transport operations;
  

g) modification concerning value added tax credits for ongoing or in the course of the contract, intended for the rehabilitation of transport infrastructure and restructuring;
  

h) amendment of the law nr. 10/1995 regarding the quality of construction works, concerning the progress of rehabilitation of the transport infrastructure, financed from PHARE funds;
  

I legal framework) in the transport sector, with a view to harmonisation with EU legislation;
  

j) measures for reorganizing the national railway Society (S.N.C.F.R.) on commercial principles;
  

k) establishment of institutions funded entirely from extrabudgetary income, subordinated to the Ministry of transportation;
  

l) amendment of Ordinance No. 44/1997 on road transport and the Government Ordinance. 43/1997 concerning roads, republished, regarding the criteria for access to the profession of international road transport operator;
  

m) to amend Ordinance No. 47/1997 concerning the imposition of income from Romania by non-resident individuals and legal entities, approved by law No. 180/1997 and amended by order No. 37/1998;
  

n) Amendment Ordinance No. 48/1994 relating to the modification of fees for the use of public roads and for some services in ports and airports, which was approved by law No. 123/1994, as amended;
  

13. Communications: a) the designation of the signatories of the agreements of international organizations operating telecommunications satellite: Intelsat, Inmarsat, Entelsat;
  

(b) extending shelf life) of the license fee N.M.T.;
  

(c) modification of the level of taxes) licenses issued by the Ministry of communications, in accordance with the index of prices and tariffs in the economy;
  

14. Tourism: to amend Government Ordinance). 8/1998 on the establishment of the special fund for the promotion and development of tourism;
  

b) Organization and conduct of the business of tourism in Romania; 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 legislation in force, no later than 31 December 1998;
  

c) Fund lending to rural tourism; Romania's accession to the Association "Die Donau" and the European Commission on tourism;
  

15. defence, public order and the safety of national defence planning: Romania);
  

b) accumulation, removing and freshening products out of stocks and mobilization of army reserve;
  

(c) any necessary visas) crossing the State of Romania;
  

d) regularize the situation of goods of any kind subject to seizure without heirs stray, and their exploitation, subject to the conditions and the procedures for transmitting without payment of goods seized;
  

e) Amendment Ordinance No. 31/1998 on approval of the exemption from value added tax on some products and equipment imported for endowing the Ministry of national defence, the Special Telecommunications Service, the service of information, Foreign Intelligence Service and the defence industry;
  

Annex f) the Emergency Ordinance of Government No. 7/1998 on the prices and tariffs for products and services which are made or are provided in the country within the framework of the activities of natural monopoly, those subject to the law of a particular treatment or of autonomous public corporations that are established with the opinion of the Office of the competition to include charges of troop of gendarmes guarding the service whose tariff endorsed by the Competition Office;
  

16. public works and regional planning:-declaring as a national interest area of an ensemble of the central area of Bucharest, including the new civic centre and the historic centre;
17. national minorities: refund-regulation of real estate that belonged to national communities;
18. the empowerment of National Bank of Romania to conduct an ongoing monetary Jubilee (gold), on the occasion celebrating 150 years since the revolution of 1848.


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution of Romania, pending the resumption of the work of Parliament in the second regular session of 1998, the ordinances issued by the Government pursuant to art. 1 shall be submitted to the Chamber of Deputies and to the Senate 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 30 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting on 30 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CRISTIAN SORIN DUMITRESCU CHAIRMAN SENATE — — — — — — — — — — —