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Law No. 219 Of 25 November 1998 On Concessions

Original Language Title:  LEGE nr. 219 din 25 noiembrie 1998 privind regimul concesiunilor

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LEGE no. 219 219 of 25 November 1998 (* updated *) on the concession regime ((updated until 10 December 2004 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 459 459 of 30 November 1998. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until December 10, 2004, with the amendments and additions made by: LAW no. 528 528 of 25 November 2004 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The object of this law is the regulation and organization of the assignment of the concession of activities, services and goods, as follows: a) public activities and services of national or local interest, in exchange for a royalty; b) other services, in exchange for remuneration; c) public or private property of the state, county, city or commune, in exchange for a royalty, except for the concession of works, as it is regulated by Government Ordinance no. 16/2002 on public-private partnership contracts, approved with amendments and additions by Law no. 470/2002 , with subsequent amendments and completions. ------------ Article 1 has been amended by section 1. 1 1 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 1 ^ 1 (1) The assignment of the concession of public activities and services of national and local interest and of goods referred to in art. 1 lit. a) and c) is made on the basis of a contract by which a person, called concedent, transmits for a fixed period, not more than 49 years, to another person, called a concessionaire, who acts at risk and on his/her responsibility, the right and the obligation to operate or carry out an activity or a public service of national or local interest or of a good in exchange for a royalty. (2) Assignment of the concession of services provided in art. 1 lit. b) is made on the basis of a contract by which a public authority, referred to as concedent, transmits for a fixed period, no more than 49 years, to a private investor, referred to as concessionaire, acting at risk and on its responsibility, the right and the obligation to provide services on its behalf, the remuneration for the services provided consisting of either the amounts obtained from the right of exploitation of the services, or from this right accompanied, in addition, by remuneration. ------------ Article 1 ^ 1 was introduced by item 1. 2 2 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 1 ^ 2 The principles underlying the selection of bidders and the conclusion of concession contracts are: a) transparency, i.e. making available to all interested parties the information on the application of the procedure for the award of the concession contract; b) equal treatment for all tenderers, meaning that all the criteria for selection and award of the concession contract apply in a non-discriminatory manner; c) proportionality, namely that any measure required by the public authority is necessary and appropriate to the nature of the contract; b) non-discrimination, namely the acceptance by the public authority of the services offered by candidates of other nationality, under the conditions provided for in the agreements and conventions to which Romania is a party; e) free competition, namely ensuring the conditions for any candidate, regardless of nationality, to have the right to become a concessionaire under the law, conventions and international agreements to which Romania is a party. ------------ Article 1 ^ 2 was introduced by item 1. 2 2 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 2 (1) Public property assets are inalienable. Under the law, they can be given in administration to autonomous regions or public institutions or can be leased or rented. (1 ^ 1) Public services are those services, other than those that constitute state monopoly, established by special laws, and may be public services of national interest or public services of local interest. (2) The goods, activities or public services of the following areas may be subject to a concession: a) public transport; b) motorways, bridges and road tunnels with toll; c) road, rail, port and civil airport infrastructure; d) the construction of new hydropower plants and their exploitation, including those in conservation; e) postal services; f) spectrum and transmission and distribution networks for telecommunications; g) economic activities related to natural and artificial water courses, water management works related to them, stations and installations of hydrological, weather and water quality measurements and fish facilities; h) land public property, beaches, quays and free zones; i) transmission and distribution networks of electricity and heat; j) transmission and distribution networks of oil and combustible gases; k) public transport and distribution networks of drinking water; l) exploitation of mineral deposits and solid and fluid substances; m) exploitation of thermal sources; n) the natural resources of the maritime economic zone and the continental shelf; o) sports facilities, recreation places, professional performance institutions; p) medical-health facilities, departments or laboratories in their structure, as well as auxiliary medical services; r) economic activities related to the enhancement of historical monuments and sites; s) collection, storage and recovery of waste; t) any other public goods, activities or services that are not prohibited by special organic laws. (3) The goods, activities or public services in respect of which there are no regulatory authorities, whose opinions are binding in respect of the prices or tariffs charged by the concessionaires, cannot be subject to the concession. (4) The provisions of this law do not apply to design, financing, construction, operation, maintenance and transfer contracts for any public good that ends according to the procedures provided for in Government Ordinance no. 16/2002 , approved with amendments and additions by Law no. 470/2002 , with subsequent amendments and completions. ------------ Alin. ((1 ^ 1) of art. 2 2 has been introduced by section 3 3 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. Alin. ((4) of art. 2 2 has been introduced by section 3 3 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 3 The government, county or local councils may approve by decision the concession of other goods, activities or services belonging to the private property of the state, which are not provided for in art. 2. + Article 4 (1) Redevance obtained by concession shall be made to the state budget or to local budgets, as the case may be. (2) The method of calculation and payment of the fee shall be determined by the relevant ministries or by the local public administration authorities, as the case may be. + Article 5 (1) They have the status of concedent, on behalf of the state, county, city or commune: a) ministries or other specialized bodies of the central public administration, for public or private property of the state or for public activities and services of national interest; b) county councils, local councils or public institutions of local interest, for public or private property of the county, city or commune or for public activities and services of local interest. (2) The quality of the concessionaire can have any natural person or legal person of private, Romanian or foreign law. + Chapter 2 Initiation of concession + Article 6 The concession initiative may have the concedent or any interested investor. + Article 7 (1) The initiation of the concession is based on an opportunity study carried out, in advance, by the concedent, which will mainly include the following elements: a) description of the good, activity, public service or service to be leased; b) the economic, financial, social and environmental reasons, justifying the granting of the concession; c) investments necessary for modernisation or expansion; d) the minimum level of royalty/remuneration; e) the method of granting the envisaged concession; if the open public tender procedure with preselection or the direct negotiation procedure is used, this option should be reasoned; f) the estimated duration of the concession; g) the foreseeable deadlines for the implementation of the concession procedure; h) mandatory opinion of the Central State Office for Special Issues and the General Staff on the framing of the object of the concession in the infrastructure of the national defense system, as the case may be (2) On the basis of the opportunity study, the specification of the concession is elaborated. --------- Article 7 has been amended by section 7. 4 4 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 8 The concession of public or private property of the state, some activities or public services is approved on the basis of the specification of the concession, by decision of the Government, of the county, city or communal council, as the case may be. + Article 9 (1) Upon receipt of the concession proposal, formulated by an interested investor, the concedant is obliged to proceed with the preparation of the opportunity study within 30 days, if the parties do not agree on another term, in the purpose of a concession decision. (2) If the concedant and the concessionaire agree that the opportunity study will be drafted by an independent consulting firm, its cost will be borne by the concessionaire. + Chapter 3 Concession procedures + Article 10 The assignment of the concession of a good, an activity or a public service is carried out by public auction, through direct negotiation or competitive dialogue, according to the provisions of this law. --------- Article 10 has been amended by section 10. 5 5 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Section 1 Concession procedure by public auction + Article 11 (1) The public auction may be opened or opened with preselection. (2) The open public auction is the auction by which any natural person or legal person of private, Romanian or foreign law, may present an offer. (3) The open public auction with preselection is the auction by which individuals or legal entities of private, Romanian or foreign law, which the concedent selects on the basis of criteria elaborated in advance, have the right to present offers. + Article 12 (1) In the case of the public tender procedure, the concedant has the obligation to elaborate the specifications of the concession and the instructions on the organization and conduct of the concession procedure. (2) The specification will necessarily include the conditions for the exploitation of the concession, the investments to be made by the concessionaire, the financial and insurance clauses, the regime of the goods used by the concessionaire and the obligations Returning to environmental protection. (3) The framework content of the documentation referred to in par. (1) will be subject to methodological norms that will be approved by the Government. A. Concession procedure by open public tender + Article 13 In the case of the open public tender procedure, the concedent has the obligation to publish in the Official Gazette of Romania, Part VI, in a national circulation daily and in one of local circulation, as well as in the Official Journal of the European Communities and/or in an international journal of wide circulation, in accordance with the methodological norms for the application of this Law, the notice of open public tender, which shall contain: a) the name and seat of the b) object and duration of the concession; c) the place where the documentation referred to in art. 12 12 para. ((1); d) the documents proving the qualities and capacities required of the bidders; e) the date and place of receipt of tenders; f) the duration in which the tenderers remain employed by the terms of their tenders g) date, time and place of opening of tenders. h) the name, address, fax and e-mail address of the contracting authority where they are transmitted or submitted or, as the case may be, shall be resolved. --------- The introductory part of art. 13 13 has been amended by section 4.2 6 6 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. Letter h) of art. 13 13 was introduced by section 7 7 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 14 The time limit for the receipt of tenders may not be less than 20 calendar days and shall not exceed 60 calendar days, starting with the date of publication of the notice of open public tender. + Article 15 (1) The bidders shall transmit their offers in two sealed envelopes, one outside and one inside, which will be registered, in the order of their receipt, in a special register, held by the concedent at its headquarters. (2) The outer envelope shall indicate the open public auction for which the tender is submitted. The outer envelope must contain: a) a sheet with information on the tenderer and a declaration of participation, signed by the bidder, without thickening, erasing or alterations; b) proof documents regarding the qualities and capacities of the bidders, according to the requests of the concedent, as well as the guarantee of participation in the (. The name or the name of the tenderer shall be entered in the inner envelope, as well as his domicile or registered office, as appropriate This envelope will contain the offer itself. (4) The sealed bids will be handed over to the evaluation committee on the day fixed for their opening. + Article 16 (. The evaluation committee shall be composed as follows: a) if the concedent is one of the ministries referred to in art. 5 5 para. ((1) lit. a), of representatives of the respective ministries and of the Ministry of Finance, appointed for this purpose; b) if the concedent is a specialized body provided in art. 5 5 para. ((1) lit. a), of its representatives and of the Ministry of Finance, appointed for this purpose; c) if the concedent is one of the county councils or local councils provided for in art. 5 5 para. ((1) lit. b), of representatives of the county council or of the local council and of the general directorates of public finances and of the county state financial control or of the city of Bucharest, appointed for this purpose; d) if the concedent is one of the institutions referred to in art. 5 5 para. ((1) lit. b), from representatives of the respective public institutions, of the county council or of the local council and of the general directorates of public finances and of the county state financial control or of the city of Bucharest, appointed for this purpose. (2) If the property, activity or service subject to concession triggers environmental procedures, according to the legislation in force, the evaluation committee will include in its composition a representative of the competent authority for protection environment. (. The composition of the evaluation committee shall be determined by the decision of the concedent At the same time, the concedent shall designate the chairman of the evaluation committee who shall, in turn, designate the secretary of the commission, responsible for the (4) At the meetings of the evaluation committee its chairman may invite recognized personalities for their experience and competence in the matter covered by the open public tender. These personalities benefit from an advisory vote. + Article 17 (1) The opening meeting of the envelopes shall be public. (2) After the opening of the outer envelopes, the evaluation committee shall remove the offers that do not contain the totality of the documents and data 15 or by the instructions on the organization and conduct of the concession procedure and draw up a minutes, in which the result of the opening of the respective envelopes will be mentioned. (3) The opening of the internal envelopes of the retained tenders shall be made only after the signing of the minutes by all members of the evaluation committee and by the bidders. + Article 18 (. The evaluation committee shall analyse the tenders in the internal envelopes and may, where it deems it necessary, ask the tenderers to specify the content of their tender. (. The evaluation committee shall choose the tender which it considers best in terms of meeting the selection criteria set out in the instructions on the organisation and conduct of the concession procedure. These criteria envisage economic efficiency, the amount of proposed investments, the price of benefits, their cost of use, their technical value, how to solve obligations on environmental protection and social problems, guarantees professional and financial proposed by each bidder and deadlines for carrying out investment works. + Article 19 ((. On the basis of the evaluation of the tenders, the evaluation committee shall draw up a report covering the description of the concession procedure and the assessment operations, the essential elements of the tenders submitted and the reasons for the choice of the successful tenderer, in which no bidder was nominated, the causes of the rejection. (2) If the open public auction has not led to the appointment of a winner, this situation will be recorded in a minutes, and a new tender will be held within 45 days. (3) If neither the second tender has led to the appointment of a winner, it will be recorded in a report which will form the basis for the decision to use the direct negotiation procedure. (4) The conditions of concession by direct negotiation may not be lower than the best offer rejected by the open public auction. + Article 20 (. The report drawn up by the evaluation committee and the tenders submitted shall be forwarded immediately to the concedent. ((2) After receiving the report of the evaluation committee, the concedent shall, within 5 calendar days, inform the successful bidder about his election and the announcement of the other tenderers about the rejection of their tenders. At the written request of the rejected bidders, within 10 calendar days from the receipt of the communication rejecting their offers, the concedent will send a copy of the minutes of evaluation of the tenders. + Article 21 (1) The tenderers may appeal in respect of the manner in which the legal provisions governing the concession procedure by open public tender have been complied with. (2) The term of communication, the submission of appeals, the competent authorities to settle them and their working procedure shall be established by methodological norms for the organization and conduct of the concession procedure. B. Concession procedure by open public tender with pre-selection + Article 22 (1) In the case of open public tender procedure with preselection, the concedent shall draw up a notice of receipt of applications, in which he shall mention: a) the object of the concession b) the objectives that the concedent proposes; c) the supporting documents regarding the qualities and capacities requested by candidates; d) the term of receipt of applications; e) the criteria for selection of candidates. f) the name, address, fax and e-mail address of the contracting authority where they are transmitted or submitted or, as the case may be, shall be resolved. (2) The notice of receipt of applications is published under the same conditions as those provided for in art. 13, and the deadline for receipt of applications is the same as that provided in art. 14. ------------ Letter f) of art. 22 22 was introduced by section 8 8 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 23 (1) The applications shall be submitted, in sealed envelopes, to the evaluation committee, established according to art. 16. (. The evaluation committee shall review the submitted documents and draw up the list of candidates admitted to submit an offer, taking into account the selection criteria specified in the call for applications. + Article 24 The concedent informs, within 5 calendar days, the rejected candidates about not accepting their candidacy. At the written request of the rejected candidates, within 10 calendar days from the receipt of the communication rejecting the applications, the concedent will send them a copy of the minutes. + Article 25 (1) The conceding shall inform the candidates whose applications have been selected about the period and the place where they can study the presentation file of the concession. ((2) Starting with the date established according to the criteria provided in par (1), candidates shall have a term, which may not be less than 20 calendar days and shall not exceed 60 calendar days, in order to present their offers. (3) After the submission of tenders, the open public tender procedure with preselection is carried out according to the provisions of 15 15 and art. 17-21. + Section 2 Concession procedure by direct negotiation + Article 26 (. The direct negotiation procedure shall be applicable where the public auction has not led to the designation of a winner. (2) Following the direct negotiation procedure, the concedant assigns the concession of the natural person or legal person of private, Romanian or foreign law, which he chooses. + Article 27 ((1) The conceding has the obligation to publish in the Official Gazette of Romania, Part VI, in a national circulation daily and in a local circulation, in the Official Journal of the European Communities and/or in an international journal of wide circulation, in accordance with the methodological norms for the application of this law, the intention to resort to the direct negotiation procedure. (2) The announcement, published according to paragraph ((1), must specify: a) the name and seat of the b) subject to concession; c) the way in which the concedent organizes the negotiations. ------------ Alin. ((1) of art. 27 27 as amended by section 9 9 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Section 3 Concession procedure through competitive dialogue ------------ Section 3 was introduced by section 3. 10 10 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 1 (1) Competitive dialogue is a procedure that provides the possibility for the contracting authority to initiate consultations with candidates in order to develop one or more alternatives capable of meeting the requirements of the contracting authority and on the basis of to which candidates are invited to bid. (2) At the end of the competitive dialogue candidates will be invited to submit the final offer based on the solution/solutions identified during the dialogue. The principles of transparency and equal treatment will be respected. ((3) The conceding has the obligation to publish in the Official Gazette of Romania, Part VI, in a national circulation daily and in a local circulation, in the Official Journal of the European Communities and/or in an international journal of wide circulation, in accordance with the methodological norms for the application of this law, the intention to resort to the procedure through competitive dialogue. (4) The announcement published according to the provisions of ((3) should specify: a) the name and seat of the b) subject to concession; c) the way in which the concedent organizes the negotiations; d) the name, address, fax and e-mail address of the compartment within the contracting authority where they are transmitted or submitted or, as the case may be, shall be resolved. -------------- Article 27 ^ 1 has been introduced by item 10 10 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Chapter 3 ^ 1 Remedies and remedies ------------ Chapter 3 ^ 1 was introduced by item 11 11 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 2 (1) Acts issued in violation of the provisions of this law may be appealed administratively and/or in justice. (2) The contracting authority shall be competent to resolve the appeals submitted by administrative means. ((3) The legal action is brought to the administrative section of the tribunal in whose constituency the seat of the contracting authority is located. The appeal of the court of appeal may be appealed against the judgment of the tribunal. ----------- Article 27 ^ 2 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 3 Any person who has a legitimate interest in connection with a particular concession contract and who suffers, risks suffering or has suffered injury, as a direct consequence of an unlawful act, has the right to use the remedies provided by present law. ----------- Article 27 ^ 3 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 4 Persons referred to in art. 27 ^ 3, which have suffered an injury, can claim compensation by legal action under the law of the administrative litigation. ----------- Article 27 ^ 4 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 5 (. Whenever an appeal is received, the contracting authority shall suspend the procedure for the award of the concession contract in question. (2) The suspension period shall entail the appropriate extension of any period affected by suspension, except for the periods provided for in the exercise of the remedies. (3) The suspension decision shall be communicated immediately by the contracting authority to the objector, as well as to all the participants involved in the procedure for the award of the service concession contract at the date of submission of the appeal. (4) By exception to the provisions of par. ((1), the contracting authority may refuse to suspend the procedure for the award of the concession contract in question in any of the following situations: a) the appeal is unfounded; b) by suspending the application of the procedure for the award of the concession contract there is an imminent danger of seriously affecting a major public interest. ----------- Article 27 ^ 5 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 6 (1) The contracting authority, after receiving an appeal or notification regarding the introduction of a legal action, has the obligation, within 3 days, to notify about it and its reasoned decision to suspend or not for the award of the concession contract to all the participants still involved in that procedure, appending a copy of the appeal or notification received. (2) The contracting authority has the obligation to communicate to all the participants involved in the procedure for the award of the concession contract all subsequent acts relating to the appeal/legal action in question, within two days working from their production/receipt. ----------- Article 27 ^ 6 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 7 ((1) The participants involved in the procedure for the award of the concession contract have the right to associate with the appeal submitted to the contracting authority, by written communication lodged at the premises of the contracting authority, within 5 days of receipt of notice of receipt of an appeal. (2) Those who associate to an appeal have the same rights and responsibilities with the one who initiated the appeal. The participants still involved in the procedure for the award of the concession contract, which do not associate with an appeal according to the provisions of this paragraph, lose the right to appeal, both administratively and in justice, the act invoked as unlawful by the original appeal. ----------- Article 27 ^ 7 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 8 (1) In the resolution of appeals, the contracting authority may decide corrective measures to modify, terminate, revoke, cancel and other such acts of illegitimate or activities in connection with them, in order to comply with provisions of this law (. Any corrective action decided by the contracting authority shall be specified in the reasoned resolution. ----------- Article 27 ^ 8 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 9 In the case of suspension or cancellation of the concession award procedure, the service subject to concession shall be carried out under the conditions prior to the concession procedure, without exceeding the maximum period. Concession. ----------- Article 27 ^ 9 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 27 ^ 10 Irrevocable judicial decisions, rendered in disputes arising from the application of the provisions of this law, shall be published in the Official Gazette of Romania, Part VI, and the payment of transmission and publication expenses is in charge of the party who lost the process; for this purpose the court will order by the same court decision the payment of these expenses ----------- Article 27 ^ 10 was introduced by the section 11 11 of art. I of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Chapter 4 Provisions concerning the concession contract + Article 28 (1) The concession contract shall be concluded within 30 days from the date on which the concedant informed the bidder about the acceptance of his offer, if by the specifications it has not been established otherwise. (2) Failure to comply with the deadline referred to in ((1) may attract payment of damages by the party at fault. (3) The refusal of the successful tenderer to conclude the concession contract entails the loss of the guarantee submitted for participation and, if applicable, the payment of damages. (4) The concession contract will include the clauses provided for in the specifications and clauses agreed by the contracting parties, in addition to those in the specification and without contravening the objectives of the concession provided for in the specifications. (5) At the conclusion of the concession contract the parties will agree on the cases of termination of the contract. In the contract the parties will be able to enroll specific clauses relating to unilateral termination or redemption. (6) In all cases the concession contract will mention the prohibition for the concessionaire to sublease, in whole or in part, to another person the object of the concession. (7) The concession contract will also include contractual clauses relating to the division of environmental responsibilities between the concedent and the concessionaire. + Article 29 (1) Upon expiry of the concession period the concessionaire shall be obliged to refund, in full ownership, free of any charge, the concession property, including the investments made, in accordance with the provisions of the concession contract. (2) In the concession contract must be specified, distinctly, the categories of goods to be used by the concessionaire in the development of the concession, namely: a) return goods that return to full right, free of charge and free of any duties to the concedent, upon expiry of the concession contract. There are return goods the goods that were the subject of the concession, as well as those that resulted from the investments imposed by the specifications; b) the takeover goods which, upon expiry of the concession contract, may return to the concedent, insofar as the latter manifests its intention to take over the goods in question in exchange for the payment of a compensation equal to the book value updated, according to the provisions of the specification. There are goods to take over the goods that belonged to the concessionaire and were used by him for the duration of the concession; c) own goods which, at the expiry of the concession contract, remain the property of the concessionaire. They are goods of their own property that belonged to the concessionaire and were used by him for the duration of the concession, except for those provided in lett. b). (3) In the concession contract, the distribution of these goods will be mentioned at the end, of any case, of the concession. ------------ Alin. ((1) of art. 29 29 has been amended by section 12 12 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 30 (1) The concession contract will be concluded in accordance with the Romanian law, regardless of nationality or citizenship of the concessionaire, for a duration that will not be able to exceed 49 years, starting from the date of its signing. The duration of the concession is determined according to the depreciation period of the investments to be made by the concessionaire. (2) In order to settle any disputes arising from the execution of the concession contract, the parties may stipulate in the contract the compromise clause, being able to assign the jurisdiction of the disputes to the Romanian or international arbitral courts. (. The concession contract may be extended for a period equal to not more than half of its original duration, by the simple agreement of the parties. ------------ Alin. ((2) of art. 30 30 has been amended by section 13 13 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 31 (1) The conceding may unilaterally amend the regulatory part of the concession contract, with the prior notification of the concessionaire, for exceptional reasons related to the national or local interest, as the case may be. (. If the unilateral modification of the contract brings him injury, the concessionaire shall be entitled to promptly receive adequate and effective compensation. In the event of disagreement between the concedent and the concessionaire about the amount of compensation, it will be determined by the competent court. This disagreement cannot, under any circumstances, allow the concessionaire to evade its contractual obligations. + Article 32 The contractual relations between the concedent and the concessionaire are based on the principle of the financial balance of the concession, namely the realization of a possible equality between the advantages granted to the concessionaire and the tasks imposed on it. Consequently, the concessionaire will not be obliged to bear the increase of the tasks related to the execution of its obligations, if this increase follows: a) an action or measure ordered by a public authority; b) a case of force majeure or a fortuitous case. + Article 33 ((1) The concessionaire shall perform its obligations according to the terms and conditions set out in the concession contract and in accordance with the legal norms specific to the respective field of activity, developed by the legal institutions empowered for this purpose (2) The conceding has the right to verify, during the period of the concession contract, the manner in which the conditions and clauses of the concession are met by the concessionaire. + Article 34 ((1) The concessionaire shall have the obligation, within 90 days from the date of signature of the concession contract, to deposit, as collateral, a fixed amount representing a share of the amount of the payment obligation to the concedent, established by him and due for the first year of activity. If necessary, from this amount will be taken the penalties and amounts due to the concedant by the concessionaire, based on the concession contract. ((2) The concessionaire may constitute security and credit securities, on which the pledge will be established, with the consent of the concedent. A similar guarantee will be provided, depending on the need to cover future costs, to meet environmental obligations, which may arise during the concession. + Article 35 The termination of the concession contract may take place in the following situations: a) at the expiry of the duration set out in the concession contract b) if the national or local interest imposes it, by unilateral denunciation by the concedent, with the payment of a fair and prior compensation to the concedent; c) in case of non-compliance with contractual obligations by the concessionaire, by unilateral termination by the concedent, with the payment of a compensation in charge of the concessionaire; d) in case of non-compliance with contractual obligations by the concedent, by unilateral termination by the concessionaire, with payment of compensation in charge of the concedent; e) to the disappearance, from a cause of force majeure, of the concession property or in the case of the objective impossibility of the concessionaire to exploit it, by renunciation, without the payment of a compensation. + Chapter 5 Provisions on the exercise of control rights + Article 36 The relevant ministries and the Ministry of Finance have control powers over the concessions of national interest, and the general directions of public finances and the county state financial control and the city of Bucharest have the right to control on concessions of local interest, aiming, in particular, for compliance with the provisions on: a) the concession decision; b) advertising; c) the content of the documentation referred to in 12 12 para. ((1); d) the composition and the way of working of the bid evaluation committee; e) the deadlines provided by this law; f) informing interested parties about the granting or termination of the concession; g) fulfillment of contractual obligations by the concedent and concessionaire. + Chapter 6 Sanctions + Article 37 Failure by the contracting parties to comply with the obligations contained in the concession contract shall entail the contractual liability of the party at fault. + Article 38 (1) It constitutes contraventions to the provisions of this law, if not committed under such conditions as to be considered, according to the criminal law, crimes, the following facts: a) non-compliance with the provisions on advertising, provided in 13 13, art. 22 22 para. ((2) and art. 27 27 para. ((1); b) non-compliance with the deadlines provided in 9 9, art. 14 14, art. 20 20 para. ((2), art. 24 24, art. 25 25 para. ((2), art. 34 34 para. ((1) and art. 39 39; c) substitution by the members of the evaluation committee, as well as by the employees of the concise of the documents included in the initial offers with other documents; d) the disclosure of any information not intended for publication, by the employees of the concedent, as well as by any person involved in the process of establishing a concession. (2) Contraventions provided in par. ((1) shall be sanctioned as follows: a) those referred to in lett. a), with a fine of 5,000,000 lei to 25,000,000 lei; b) those referred to in lett. b), with a fine from 2,000,000 lei to 10,000,000 lei; c) those referred to in lett. c) and d), with a fine from 10,000,000 lei to 50,000,000 lei. (3) The amount of fines may be increased, depending on the rate of inflation, by Government decision. (4) Fines provided as sanctions for committing the contraventions mentioned in par. (1) may be applied both to natural persons and to legal persons. (5) The finding of contraventions contained in the provisions of this law and the application of sanctions shall be made by persons empowered by the relevant ministries. (6) Provisions Law no. 32/1968 *) on the establishment and sanctioning of contraventions shall also apply to the contraventions provided in this law. ---------- ((*) According to Article 48 of ORDINANCE no. 2 2 of 12 July 2001 , on the legal regime of contraventions: " Whenever in a special law or in another previous normative act reference is made to Law no. 32/1968 on the establishment and sanctioning of contraventions, the reference shall be made to the corresponding provisions of this ordinance. " + Chapter 7 Final provisions + Article 39 Land concession contracts of any kind will be registered by the concessionaire in the real estate advertising registers, within 30 calendar days from the date of their conclusion. + Article 40 (1) The concession contracts concluded until the date of entry into force of this Law shall retain their validity. ((2) Until the privatization of national companies or national companies or companies established by the reorganization of autonomous regions, they may be awarded by direct award goods belonging to public property or private state, related to the field of activity, for the realization of new public infrastructures. ((3) In the privatisation of national companies or national companies or companies established by the reorganisation of autonomous regions, private investors must be selected on the basis of a competitive procedure as defined in the present law. ------------ Article 40 has been amended by section 6.6. 14 14 of art. IV of LAW no. 528 528 of 25 November 2004 , published in MONITORUL OFFICIAL no. 1.153 1.153 of 7 December 2004. + Article 41 Within 60 days from the date of publication of the present law in the Official Gazette of Romania, the Council for Reform elaborates and proposes for approval to the Government the framework methodological norms in the application of this law. + Article 42 (1) This law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania. (. The same date shall be repealed: a) art. 25 25-29 of Law no. 15/1990 on the reorganization of state economic units as autonomous kings and companies, published in the Official Gazette of Romania, Part I, no. 98 of 8 August 1990, with subsequent amendments and completions; b) art. 1-17 1-17, art. 25 25 and Annexes no. 1 1-5 of Government Decision no. 1.228/1990 for the approval of the Methodology of concession, rental and location of the management, published in the Official Gazette of Romania, Part I, no. 140 of 12 December 1990, with subsequent amendments and completions. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 28 October 1998, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN p. SENATE PRESIDENT, ULM SPINEANU ---------