Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 151 151 of 15 July 1998-(* updated *) on regional development in Romania ((updated until 16 July 2003 *)
ISSUER PARLIAMENT




-------------- *) The initial text was published in the OFFICIAL GAZETTE no. 265 265 of 16 July 1998. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until July 16, 2003, with the amendments and additions made by: EMERGENCY ORDINANCE no. 268 268 of 7 December 2000 ; ORDINANCE no. 27 27 of 30 January 2003 ; LAW no. 256 256 of 10 June 2003 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 This law establishes the institutional framework, objectives, competences and instruments specific to regional development policy in Romania. + Article 2 The basic objectives of the regional development policy in Romania are the following: a) diminishing existing regional imbalances, by stimulating balanced development, by accelerated recovery of delays in the development of disadvantaged areas as a result of historical, geographical, economic, social, political, and preventing the production of new imbalances; b) the preparation of the institutional framework to meet the criteria for integration in the structures of the European Union and access to the Structural Funds and the Cohesion Fund of the European Union; c) linking governmental sector policies and activities at the level of the regions, by stimulating initiatives and by leveraging local and regional resources, for the purpose of sustainable economic and social development and cultural development d) stimulating interregional, domestic and international cooperation, including within the Euroregions, as well as the participation of development regions in European structures and organisations promoting economic development and their institutional, in order to carry out projects of common interest, in accordance with the international agreements to which Romania is a party. + Article 3 Financing of programs to achieve the objectives provided in art. 2 shall be provided by the National Fund for Regional Development, which shall be constituted according to the provisions of + Chapter 2 Development regions + Article 4 (1) The county councils and the General Council of the Municipality of Bucharest may decide, with the agreement of the local councils concerned, that the area comprising the territories of the counties concerned, respectively of the city of Bucharest, shall constitute a development region. (2) The development regions are not administrative-territorial units and have no legal personality. + Article 5 (1) The establishment of the development region shall be made by a convention signed by the representatives of the county councils and the General Council of Bucharest. (2) The development regions thus constituted will become, with the Government's opinion, the implementation and evaluation framework of the regional development policy. + Chapter 3 Territorial structures for regional development + Article 6 (1) For the coordination of activities to promote the objectives arising from regional development policies, at the level of each development region, within 60 days from the entry into force of this Law, the Council shall be established for regional development as a deliberative body. (. The Regional Development Council shall have the following main tasks: a) analyze and decide the regional development strategy and programs; b) approve regional development projects; c) presents to the National Council for Regional Development proposals on the establishment of the Regional Development Fund d) approve the criteria, priorities, allocation and destinations of the resources of the Regional Development Fund; e) seeks the use of funds allocated to regional development agencies from the National Fund for Regional Development; f) pursues regional objectives. (3) The Regional Development Council is composed of the chairmen of the county councils and one representative of each category of municipal, municipal and communal local councils, designated from each county during the term of office. In the case of the Bucharest-Ilfov development region the council for regional development is made up of the president of Ilfov County Council, the general mayor of Bucharest, from one representative of each local sector council and from representatives of local councils in Ilfov County, at parity with representatives of the sectors of Bucharest. (4) The Regional Development Board will have a President and a Vice President. These functions will be fulfilled, on a rotating basis, for a one-year term, by the representatives of the counties, designated by them. (5) In the works of the Regional Development Council, the prefects of counties participate, without the right to vote. Representatives of local, municipal, city and communal councils, as well as of institutions and organizations with attributions in the field of regional development, can also be invited, depending on the issue subject to debate. (6) The Regional Development Council shall adopt its own rules of operation, on the basis of the framework regulation drawn up by the Government. (7) The county councils, the local councils and the General Council of Bucharest and the local councils of the sectors, as the case may be, adopt decisions referring to the decisions of the councils for regional development, within maximum 30 days from the date of their communication. -------------- Alin. ((3) art. 6 was amended by EMERGENCY ORDINANCE no. 268 268 of 7 December 2000 published in MONITORUL OFFICIAL no. 662 662 of 15 December 2000. Alin. ((7) art. 6 was introduced by ORDINANCE no. 27 27 of 30 January 2003 published in MONITORUL OFFICIAL no. 62 62 of 1 February 2003. Alin. ((7) art. 6 6 was amended by LAW no. 256 256 of 10 June 2003 published in MONITORUL OFFICIAL no. 429 429 of 18 June 2003. + Article 7 (1) Within the framework of each development region, within 30 days of the establishment of the Regional Development Council, a regional development agency, coordinated by it, will be established. ((2) The agencies for regional development are non-governmental, non-profit, public utility bodies, with legal personality, acting in the field specific to regional development. They are organized and operated under the conditions of this law and of the organization and functioning statute, approved by the National Council for Regional Development, with the advisory opinion of the Ministry of Development and Forecasting. (3) The Director of the Regional Development Agency shall be appointed on the basis of competition and shall be relieved of his duties by the Regional Development Board. ((4) The financing of the expenses of organization and functioning of the Agency for Regional Development shall be provided from the Regional Development Fund, their level being approved by the Regional Development Council. (5) The Regional Development Board approves the organizational chart so that each county is represented equally. -------------- Alin. ((2) art. 7 was amended by ORDINANCE no. 27 27 of 30 January 2003 published in MONITORUL OFFICIAL no. 62 62 of 1 February 2003. Alin. ((2) art. 7 7 was amended by LAW no. 256 256 of 10 June 2003 published in MONITORUL OFFICIAL no. 429 429 of 18 June 2003. + Article 8 The Regional Development Agency shall have the following main tasks: a) elaborates and proposes to the Council for Regional Development, for approval, regional development strategy, regional development programmes and fund management plans; b) implement regional development programs and fund management plans, in accordance with the decisions adopted by the Regional Development Council, in compliance with the legislation in force, and respond to it for their achievement; c) identify the disadvantaged areas within the development region, together with the local or county councils, as the case may be, and submit the necessary documentation, approved, in advance, by the Regional Development Council, to the National Agency for Regional Development and National Council for Regional Development; d) provide specialized technical assistance, together with local or county councils, as the case may be, to natural or legal persons, with state or private capital, who invest in disadvantaged areas; e) submit to the National Agency for Regional Development proposals for funding, from the National Fund for Regional Development, of approved development projects; f) act to attract financial sources to the Regional Development Fund; g) manages the Regional Development Fund, in order to achieve the objectives set out in the regional development programs; h) responds to the Regional Development Council and to the bodies empowered by law for the correct management of the allocated funds. + Article 9 (1) Regional development programmes shall be financed from the Regional Development Fund, managed by the Regional Development Agency. (. The Regional Development Fund shall be constituted annually from: a) allowances from the National Fund for Regional Development; b) contributions from the budgets of the county councils or the General Council of Bucharest Municipality, as the case may be, within the limits approved by the regional development councils c) financial sources attracted from the private sector, from banks, foreign investors, the European Union and other international organizations. (3) The financial operations regarding the execution of investment projects are carried out by the regional development agencies, through the territorial units of the state treasury. ((4) The funds for regional development may have no destination other than that provided for by this Law. ((. The unused funds in the current budget implementation shall be carried over to the following year. (6) Management of funds constituted under the conditions of par. (2) is audited by the Ministry of Development and Forecasting, according to its duties in the use of funds allocated from the state budget for regional development, as well as in its capacity as implementing agency of the PHARE Program- Economic and social cohesion. -------------- Point b) of par. ((2) art. 9 was amended by ORDINANCE no. 27 27 of 30 January 2003 published in MONITORUL OFFICIAL no. 62 62 of 1 February 2003. Alin. ((6) art. 9 was introduced by ORDINANCE no. 27 27 of 30 January 2003 published in MONITORUL OFFICIAL no. 62 62 of 1 February 2003. + Chapter 4 National structures for regional development + Article 10 (1) Within 90 days from the entry into force of this Law, the National Council for Regional Development shall be established, in order to promote the objectives of the regional development policy provided in art. 2. (2) The National Council for Regional Development has in its composition the presidents and vice-presidents of the councils for regional development and, at parity with their number, representatives of the Government, designated by Government decision. (3) The President of the National Council for Regional Development is Prime Minister. + Article 11 The National Council for Regional Development has the following tasks: a) approves the National Strategy for Regional Development and the National Programme for Regional Development; b) presents to the Government proposals on the establishment of the National Fund for c) approve the criteria, priorities and allocation of resources of the National Fund for Regional Development; d) seeks the use of funds allocated to regional development agencies from the National Fund for Regional Development; e) approves the use of structural and structural funds allocated to Romania by the European Commission, in accordance with the normative acts issued in this regard by the Government; f) aims to achieve the objectives of regional development, including within the framework of the external cooperation activities of the regions of development, cross-border, interregional, at the level of the -------------- Letter e) a art. 11 was amended by EMERGENCY ORDINANCE no. 268 268 of 7 December 2000 published in MONITORUL OFFICIAL no. 662 662 of 15 December 2000. + Article 12 The National Council for Regional Development operates on the basis of a regulation of its own organization and functioning, elaborated within 90 days from the date of entry into force of this law. + Article 13 (1) In order to promote and coordinate regional development policy, the National Agency for Regional Development, executive body of the National Council for Regional Development, with legal personality, led by a president, with the rank of secretary of state. (2) The Statute, the seat, the organization and functioning of the National Agency for Regional Development shall be approved by Government Decision, within 30 days from the establishment of the National Council for Regional Development, on the proposal it. ((3) The financing of the expenses of organization and functioning of the National Agency for Regional Development shall be ensured annually from the National Regional Development Fund, their level being approved by Government decision, at the proposal of the Council National for Regional Development. + Article 14 The National Agency for Regional Development has the following main tasks: a) elaborates the National Strategy for Regional Development and the National Programme for Regional Development; b) develop the principles, criteria, priorities and allocation of resources of the National Fund for Regional Development; c) proposes to the National Council for Regional Development to establish the National Fund for Regional Development d) ensure the financial and technical management of the National Fund for Regional Development; e) promote different forms of cooperation between counties, municipalities, cities, communes; f) provide expert assistance to councils for regional development in the institutional construction process; g) proposes to the National Council for Regional Development the nomination of areas as disadvantaged areas, in order to be supported economically and financially through the instruments specific to the regional development policy; h) performs the position of national negotiator in relations with the Regional Policy and Cohesion Policy Directorate of the European Commission for the European Regional Development Fund and the Cohesion Fund; i) manage the funds allocated to Romania from the European Regional Development Fund; j) manage the funds allocated to Romania from the Cohesion Fund; k) coordinates the implementation of the National Regional Development Plan, which is the basis for negotiations with the European Commission and funding for various Community programmes. + Article 15 (1) For the financing of regional development activities in Romania, the National Fund for Regional Development is established from the amount that is allocated annually through the state budget as a distinct position for the regional development policy. Amounts from the National Fund for Regional Development not used in the current budget implementation shall be carried over to the following year. (2) Other domestic and international financing sources may be attracted to the National Fund for Regional Development: a) permanent financial assistance from the European Union under the PHARE Programme; b) the amounts from the structural funds, which will be provided to Romania by the European Union during the period in which it will have the status of an associate state; c) the amounts from the structural funds, which will be provided to Romania from the moment of its accession to the European Union d) non-reimbursable financial assistance from governments, international organizations, banks; e) other financial resources from the funds available to the Government. ((3) For the financing of technical assistance expenses necessary for the selection and monitoring of regional development programs and projects, a certain percentage of the budgets of the respective programs and projects may be allocated. ------------- Alin. ((1) art. 15 was amended by EMERGENCY ORDINANCE no. 268 268 of 7 December 2000 published in MONITORUL OFFICIAL no. 662 662 of 15 December 2000. Alin. ((3) art. 15 was introduced by EMERGENCY ORDINANCE no. 268 268 of 7 December 2000 published in MONITORUL OFFICIAL no. 662 662 of 15 December 2000. + Article 16 (1) At the request of the local or county councils, as the case may be, and based on the documentation submitted by the regional development agencies, the regional development councils may request the National Council for Regional Development to propose Government declaring areas as disadvantaged areas, to be economically supported through instruments specific to regional development policy. (2) The facilities benefiting the disadvantaged areas, the criteria and conditions under which they may be granted shall be established by special law. (3) Based on the criteria provided in par. (2), the Government, at the proposal of the National Council for Regional Development, establishes the concrete fiscal facilities that will benefit each area. + Chapter 5 Final and transitional provisions + Article 17 The National Commission for Statistics collects from the development regions, established according to this law, the specific statistical data, necessary for the foundation and monitoring of regional development policies. + Article 18 The use of the amounts received from the Regional Development Fund for regional development projects, with non-compliance with the destination and the deadlines for which the beneficiaries were granted, are found and sanctioned, according to the law, by Competent control bodies. + Article 19 For the year 1998, the financing of the expenses of organization and functioning of the National Agency for Regional Development shall be provided from the state budget, on account of the budgetary reserve fund at the Government's disposal, the level of the amounts by Government decision. + Article 20 Within 30 days of the entry into force of this law the Government, will approve by decision, on the proposal of the Council for Reform and the Department for Local Public Administration, the methodological norms for its application as well as the framework regulation provided for in art. 6 6 para. ((6). This law was adopted by the Chamber of Deputies at its meeting on June 18, 1998, 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 July 6, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN -----------