Law No. 151 Of 15 July 1998 On Regional Development In Romania

Original Language Title:  LEGE nr. 151 din 15 iulie 1998 privind dezvoltarea regionala în România

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Law No. 151 of 15 July 1998 (* updated *) on the regional development in Romania (updated until July 16, 2003)-PARLIAMENT ISSUING — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 265 of 16 July 1998. This is the updated form of S.C. "territorial Center of Electronic Computing" until July 16, 2003, with amendments and additions to: EMERGENCY ORDINANCE nr. 268 of 7 December 2000; ORDINANCE No. 27 of 30 January 2003; Law No. 256 of 10 June 2003.
Romanian Parliament adopts this law.


Chapter 1 General provisions article 1 in this law are established institutional framework, objectives, core competencies and specific policy instruments for regional development in Romania.


Article 2 Objectives of regional development policy in Romania are the following: to diminish existing regional imbalances), by fostering the balanced development through accelerated recovery of the delays in the development of less favoured regions due to geographical conditions, historical, economic, social, political, and that produce new imbalances;
  

b) preparing the institutional framework to meet the criteria for integration into European Union structures and access to the structural funds and the Cohesion Fund of the European Union;
  

c) linking sectoral governmental policies and activities at the level of regions, by stimulating initiatives and harnessing the resources of local and regional development, economic and social development and cultural development;
  

(d) interregional cooperation) stimulation, international and domestic, transborder, including within regions, as well as the participation of the regions in European structures and organizations that promote institutional and economic development, in order to carry out projects of common interest, in accordance with international agreements to which Romania is a party.
  


Article 3 the financing of programmes to achieve the objectives referred to in article 1. 2 ensure the National Fund for regional development, which is constituted under the provisions of this law.


Chapter 2 developing regions in article 4 (1) the county councils and the General Bucharest City Council may decide, in agreement with local councils concerned, as the area comprising the territories of the counties, Bucharest, to the region.
  

(2) the development regions are not administrative-territorial unit and does not have legal personality.
  


Article 5 (1) the creation of development is through a Convention signed by the representatives of the District Councils and the General Council of Bucharest.
  

(2) developing regions thus constituted will become, with the opinion of the Government, the implementation and evaluation of regional development policy.
  


Chapter 3 territorial structures for regional development in article 6 (1) for the coordination of activities to promote the objectives arising from the regional development policies at the level of each of the regions, within 60 days after the entry into force of the present law shall establish regional development Council as the deliberative organ.
  

(2) the Council for regional development has the following main tasks: (a)) and decides the strategy and regional development programmes;
  

b) regional development approves projects;
  

(c) the National Council) is the Regional Development Fund proposals for regional development;
  

d) approve the criteria, priorities, resource allocation and Fund Development destinations regional;
  

e) seeks the use of funds allocated to regional development agencies from the National Fund for regional development;
  

f) seeks compliance with regional objectives.
  

(3) Regional Development Council consists of Presidents of County Councils, and of one representative of each category of local municipal councils, city and communal, appointed in each county for the duration of their mandate. In the case of the Bucharest-Ilfov development regional development Council is comprised of Ilfov County Council President, Mayor of the municipality of Bucharest, of one representative of each of the local Council of sector and representatives of the local councils in the County, on a par with the representatives of the sectors of Bucharest.
  

(4) the Council for regional development will have a Chairman and a Vice-Chairman. These functions will be fulfilled, by rotation, for a period of one year, county representatives appointed by them.
  

(5) the proceedings of the Regional Development Council participate, without the right to vote, the prefects (governors) counties. They can also be invited also representatives of local councils, municipal, city and municipal, as well as of institutions and organisations involved in the field of regional development, depending on the issue subject to debate.
  

(6) Regional Development Council adopt its rules of procedure, on the basis of the framework regulation drawn up by the Government.
  

(7) County Councils, local councils and the General Bucharest City Council and the local councils of the sectors, as appropriate, adopt decisions with reference to the decisions of the regional councils for development, not later than 30 days from the date of such communication.
  

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Alin. (3) art. 6th amended by EMERGENCY ORDINANCE nr. 268 of 7 December 2000 published in MONITORUL OFICIAL nr. 662 of 15 December 2000.
Paragraphs 1 and 2. (7) article. 6 was introduced by ORDINANCE No. 27 of 30 January 2003 published in Official Gazette No. 62 of 1 February 2003.
Paragraphs 1 and 2. (7) article. 6 amended by law No. 256 of 10 June 2003 published in Official Gazette No. 429 of 18 June 2003.


Article 7 (1) in each of the regions, within 30 days of the establishment of the Regional Development Council, will set up an agency for regional development, coordinated by it.
  

(2) Regional Development Agencies are non-profit, non-governmental agencies, public utility, having legal personality, acting in the field of specific regional development. They are organized and function under this law and bylaws of organization and operation, approved by the National Council for regional development, with the Advisory opinion of the Ministry of Development and prognosis.
  

(3) the Director of regional development Agency is being called on a competitive basis and is dismissed by the Board for regional development.
  

(4) Financing expenditure on establishment and operation of regional development Agency verify from regional development Fund, the level of their being approved by the Council for regional development.
  

(5) Regional Development Council approves the organizational structure so that each district to be represented equally.
  

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Alin. (2) of article 9. 7 was amended by ORDINANCE No. 27 of 30 January 2003 published in Official Gazette No. 62 of 1 February 2003.
Paragraphs 1 and 2. (2) of article 9. 7 amended by law No. 256 of 10 June 2003 published in Official Gazette No. 429 of 18 June 2003.


Article 8 the regional development agency has the following main tasks: to draw up and propose to the Council) for regional development, for approval, the strategy for regional development, regional development programmes and plans for the management of funds;
  

b) implement regional development programmes and plans for the management of the funds, in accordance with the decisions adopted by the Regional Development Council, in compliance with the legislation in force, and shall be responsible for carrying out against it;
  

c) identify less-favoured areas within the region of development, together with local councils or County, as applicable, and shall submit the necessary documentation, which must be approved in advance by the Council of regional development, the National Agency for regional development and the National Council for regional development;
  

d) ensure specialized technical assistance, together with local councils or County, as applicable, natural or legal persons, State-owned or private, investing in disadvantaged areas;
  

(e) National Agency) shall submit regional development proposals for funding from the National Fund for regional development, development projects have been approved;
  

f) acts to attract funds from the Fund for regional development;
  

g) manages the Fund for regional development, in order to achieve the objectives laid down in the regional development programmes;
  

h) respond towards regional development Council and the bodies empowered by law for the correct management of the funds allocated.
  


Article 9 (1) regional development programmes are financed from regional development Fund, administered by the Agency for regional development.
  

(2) Regional Development Fund is constituted annually: a) appropriations of the National Fund for regional development;
  

b) contributions from the county councils ' budgets or the General Council of Bucharest, where applicable, within the limits approved by the regional development councils;
  

c) funds derived from the private sector, from the banks, foreign investors, the European Union and from other international organizations.
  


(3) financial operations relating to the execution of investment projects are conducted by the regional development agencies, through the territorial units of the State Treasury.
  

(4) Funds for regional development cannot have another destination than that provided for by the present law.
  

(5) the funds not used in the current implementation of the budget shall be carried over into the following year.
  

(6) the management of the funds set up under the terms of paragraph 1. (2) the Ministry of Development is audited and prognosis, according to the competences conferred on it in the use of funds allocated from the State budget for regional development, as well as in his capacity as agent for the implementation of the PHARE programme-economic and Social Cohesion.
  

— — — — — — — — — — — — — — b) of paragraph 1. (2) of article 9. 9 was amended by ORDINANCE No. 27 of 30 January 2003 published in Official Gazette No. 62 of 1 February 2003.
Paragraphs 1 and 2. (6) article. 9 was introduced by ORDINANCE No. 27 of 30 January 2003 published in Official Gazette No. 62 of 1 February 2003.


Chapter 4 national Structures for the regional development of article 10 (1) within 90 days after the entry into force of this law shall establish the National Council for regional development, in order to promote the objectives of regional development policy. 2. (2) the National Council for regional development has its Presidents and Vice Presidents of the regional councils for development, and on a par with their number, Government representatives, appointed by decision of the Government.
  

(3) the President of the National Council for regional development is the Prime Minister.
  


Article 11 National Council for regional development shall have the following powers: to approve the national strategy) for regional development and national programme for regional development;
  

b) presents proposals on Government's National Fund for regional development;
  

c) approve the criteria, priorities and how resources allocation to the National Fund for regional development;
  

d) seeks funds allocated to regional development agencies from the National Fund for regional development;
  

(e) approve the use of the structural funds) and structural type assigned to Romania by the European Commission, in accordance with the regulatory acts issued in this regard by the Government;
  

f) pursues the objectives of regional development, including within the framework of the activities of external cooperation of the regions development, cross-border, interregional, at the level of regions.
  

— — — — — — — — — — — — — — the letter s) art. 11 amended by EMERGENCY ORDINANCE nr. 268 of 7 December 2000 published in MONITORUL OFICIAL nr. 662 of 15 December 2000.


Article 12 the National Council for regional development works on the basis of its own rules of organization and operation, issued within 90 days from the date of entry into force of this law.


Article 13 (1) for the purpose of promoting and coordinating regional development policy, set up National Agency for regional development, the Executive of the National Council for regional development, with legal personality, led by a President with the rank of Secretary of State.
  

(2) the status, location, organization and functioning of the National Agency for regional development shall be approved by decision of the Government, within 30 days of the establishment of the National Council for regional development, on the proposal of the latter.
  

(3) the financing of the expenses of the Organization and functioning of the National Agency for regional development shall ensure, on an annual basis, the National Fund for regional development, the level of criticism for being approved by a decree of the Cabinet of Ministers, on a proposal from the National Council for regional development.
  


Article 14 National Agency for regional development has the following main tasks: to draw up national strategy) for regional development and national programme for regional development;
  

b) elaborates the principles, criteria, priorities and how resources allocation to the National Fund for regional development;
  

c) proposes the National Council for regional development of the National Fund for regional development;
  

d) ensure financial and technical management of the National Fund for regional development;
  

e) promotes various forms of cooperation between counties, municipalities, cities, communes;
  

f) provide specialized assistance for regional development councils in the process of institutional construction;
  

g) proposes the National Council for regional development nomination of some areas as less-favoured areas, in order to be economically and financially supported through specific instruments for regional development policy;
  

h) preside the national negotiator in dealings with the Department of regional policy and Cohesion of the European Commission for the European Regional Development Fund and the Cohesion Fund;
  

manages the funds allocated to them) in the European Fund for regional development;
  

(j) funds allocated to Romania) manages from the Cohesion Fund;
  

k) coordinates the implementation of the national plan for regional development, which form the basis for negotiations with the European Commission and financing for different Community programmes.
  


Article 15 (1) For the financing of activities of the regional development in Romania the National Fund for regional development of the sum which is allocated annually through the State budget as a distinct location for regional development policy. Amounts in the National Fund for regional development in the implementation of the budget of unused current shall be carried over into the following year.
  

(2) The National Fund for regional development can be attracted and other financing sources: domestic and international financial assistance to permanent) on behalf of the European Union, within the framework of the PHARE programme;
  

b) amounts arising from structural funds-type, which will be provided to Romania by the European Union during the period in which it will have the status of associated State;
  

c) amounts arising from the structural funds, which will be provided in the time of its accession to the European Union;
  

(d) non-refundable financial assistance) from Governments, international organizations, banks;
  

e other financial resources) of the funds available to the Government.
  

(3) For the financing of the expenditure of technical assistance needed for the selection and monitoring of programmes and projects for regional development can allocate a certain percentage of the budgets of the programmes and projects concerned.
  

— — — — — — — — — — — —-. (1) of article 1. 15 has been amended by EMERGENCY ORDINANCE nr. 268 of 7 December 2000 published in MONITORUL OFICIAL nr. 662 of 15 December 2000.
Paragraphs 1 and 2. (3) art. 15 was introduced by EMERGENCY ORDINANCE nr. 268 of 7 December 2000 published in MONITORUL OFICIAL nr. 662 of 15 December 2000.


Article 16 (1) at the request of local or county councils, where appropriate, and based on the documentation submitted by the regional development agencies, regional development councils may request the national regional development Council to propose to the Government declaring certain areas as less-favoured areas, to be backed up by specific economic instruments of regional development policy.
  

(2) the facilities accorded to less-favoured areas, the criteria and conditions under which they may be granted shall be laid down by law.
  

(3) on the basis of the criteria referred to in paragraph 1. (2) the Government, upon the proposal of the National Council for regional development, establishes actual fiscal facilities will benefit from each area.
  


Chapter 5 transitional and final provisions Article 17 National Commission for Statistics collected from developing regions, established according to the present law, the statistical data necessary to answer specific, and monitoring regional development policies.


Article 18 the use of sums received from the Regional Development Fund for regional development projects, with failure to comply with time limits and destination for which they were granted to the beneficiaries, it is noticed and shall be imposed according to the law, by the supervisory bodies.


Article 19 for the year 1998, financing the expenses of the Organization and functioning of the National Agency for regional development ensure the State budget on account of the budget reserve Fund at the disposal of the Government, the level of the amounts to be approved by decision of the Government.


Article 20 within 30 days of the entry into force of this law, the Government will approve the decision on the proposal of the Council and reform of the Department for local public administration, the detailed rules for its application, as well as the framework regulation provided for in article. 6 paragraph 1. (6). This law was adopted by the Chamber of deputies at its meeting on 18 June 1998, 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 6 July 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN — — — — — — — — — — —