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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Law No. 219 of 25 November 1998 (* updated *) with respect to concessions regime (updated until 10 December 2004 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 459 of 30 November 1998. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until 10 December 2004, with amendments and additions to law No.: 528 of 25 November 2004.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the purpose of this law is to regulate the organisation of the award of the concession of activities, services and goods, as follows: a) activities and public services of national or local interest, in return for a fee;
  

(b)) other services in return for remuneration;
  

c) public goods times private state, County, city or village, in Exchange for a fee, except works concession, as regulated by Government Ordinance. 16/2002 concerning contracts of public-private partnership, approved with amendments and completions by law No. 470/2002, as amended and supplemented.
  

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Art. 1 was amended by section 1 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 1 ^ 1 (1) the assignment of the concession of public services and activities of national and local interest, and of goods referred to in article 1. and (b). ) and c) is done under a contract by which a person, called the concede person, for a period determined, no more than 49 years of age, of another person, called the dealer, acting on risk and on his responsibility, the right and obligation to operate or to perform an activity or a public service of national or local interest or good in Exchange for a fee.
  

(2) the assignment of the concession of services referred to in article 21. and (b). b) is done under a contract by which a public authority, called the write, for a period determined, no more than 49 years of age, a private investor, called the dealer, acting on risk and on his responsibility, the right and the obligation to provide services on behalf of or remuneration for services rendered, consisting either of the amounts obtained from the right to exploit the services either because of this law, in addition, accompanied of remuneration.
  

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Art. 1 ^ 1 was introduced by section 2 of art. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 1 ^ 2 principles that underlie the selection of tenderers and the conclusion of the concession contracts are: a) transparency, namely making available to all those interested in the application of the procedure for the award of the concession contract;
  

b) equal treatment for all bidders, meaning that all the selection criteria and the award of the concession contract shall be applied in a non-discriminatory manner;
  

(c) proportionality in this example), namely that any measures required by the public authority to be necessary and appropriate to the nature of the contract;
  

b) non-discrimination, namely the acceptance by the public authority of the services offered by the candidates of another nationality, as stipulated in the agreements and conventions to which Romania is a party;
  

e, respectively) the free competition conditions in order for any candidate, regardless of their nationality, have the right to become the concessionaire under the law, conventions and international agreements to which Romania is a party.
  

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Art. 1 ^ 2 was introduced by section 2 of art. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 2 (1) the assets owned are inalienable. Under the law, they can be given in the administration of the autonomous public institutions, companies or times may be notoriously difficult times.
  

(1 ^ 1) Public services are those services other than those which constitute State monopolies established by special laws, and public services of national interest or public services of local interest.

(2) may be the subject of a concession assets, activities or public services in the following areas: (a)) public transports;
  

b) highways, bridges and tunnels, road with toll;
  

c) infrastructures road, rail, port and airport authorities;
  

(d) new construction of hydroelectric power plants) and their exploitation, including those placed in conservation;
  

e) postal services;
  

f) spectrum of frequencies and transmission networks and distribution system for Telecom;
  

g) economic activities related to natural water courses and artificial water management works for associated stations and facilities, meteorological and hydrological measurements of water quality and fisheries arrangements;
  

h) public fields, beaches, piers and free zones;
  

I) transmission networks and distribution of electricity and heat;
  

j) networks of pipelines and distribution of gas and fuel oil;
  

k) transmission networks and distribution of drinking water;
  

l) mineral deposits and exploitation of solids and liquids;
  

m) operation of thermal sources;
  

n) natural resources and maritime economic zone and the continental shelf;
  

a sporting bases, places), professional institutions shows;
  

p) medical-sanitary units, departments or laboratories in their structure, and auxiliary medical services;
  

r) economic activities related to the monuments and historical sites;
  

s) collection, storage and use of waste;
  

t) any other goods or services activities which are not prohibited by organic law.
  

(3) may be the subject of the concession assets, activities or public services in respect of which there is no regulatory authority, whose opinions are binding as regards the prices or rates charged by the lessee.
  

(4) the provisions of this law shall not apply to contracts for the design, financing, construction, operation, maintenance and transfer to any public good ending according to the procedures laid down in Ordinance No. 16/2002, approved with amendments and completions by law No. 470/2002, as amended and supplemented.
  

— — — — — — — — — — —-. (1 ^ 1), art. 2 was introduced by point 3 of article 1. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.
Paragraphs 1 and 2. (4) article. 2 was introduced by point 3 of article 1. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 3 Government, county councils or local authorities may approve by a concession to other goods, or services belonging to the private property of the State, which are not provided for in art. 2. In article 4(1) the royalty obtained through concession is made come from the State budget or local budgets, as appropriate.
  

(2) the method of calculation and the method of payment of redeventei shall be determined by the ministries or by local public administration authorities, as appropriate.
  


Article 5 (1) capacity of the write, on behalf of the State, County, city or commune: a) ministries or other specialized bodies of central public administration for public or private property of the State or public activities and services of national interest;
  

b) County Councils, local councils or local public institutions, public goods times of County, city or commune for public activities and services of local interest.
  

(2) the capacity as a concessionaire may have any physical person or legal entity governed by private law, Romanian times.
  


Chapter 2 article 6 Initiative Initiate licensees licensees may have concedentul or any interested investor.


Article 7 (1) Initiating concessionaires is based on a study of opportunity previously performed by the write, which will comprise primarily the following elements: (a) description of property), the public service or service to be a concession;
  

b) reasons for economic, financial, social and environmental, which justify the granting of the concession;
  

c) necessary investments for modernization or expansion;
  

d) minimum level of redeventei/payment;
  

(e) the procedure for granting) concession envisaged; If recourse is had to the procedure of open public tender with pre-selection or the procedure of direct negotiation, this option must be substantiated;
  

f) expected duration of the concession;
  

g) deadlines for achieving predictable procedure for concession;
  

h) compulsory opinion of the Office of the State's Central and Special Problems of the General staff regarding the classification of the object of the concession in the infrastructure of the national defence system, as appropriate.
  

(2) on the basis of the opportunity of the concession.
  

— — — — — — — —- 7 was amended by paragraph 4 of art. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 8 Right of property owned by the State, private times of certain activities or of certain public services is approved on the basis of the specification of the concession, the Government's decision, the County Council, the town or parish, where appropriate.


Article 9


(1) on receipt of a concession, sought by investor interested, concedentul is bound to do in preparing the study opportunity within a period of 30 days, if the parties do not agree on another term, in order to take a decision on the right.
  

(2) where concedentul and dealership agree to study the opportunity to be drafted by an independent consultancy firm, the cost thereof shall be borne by the concessionaire.
  


Chapter 3 concession Procedures Article 10 Assignment of the concession of a good, an activity or a public service is carried out through a public tender through direct negotiation or competitive dialogue in accordance with the provisions of this law.
— — — — — — — —- 10 was amended by section 5 of art. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Section 1 licensees by public auction Procedure in article 11 (1) public auction may be open or open with preselection.
  

(2) public auction auction is open through which any person physical or legal person under private law, Romanian or foreign, may submit a tender.
  

(3) open tender with pre-selection is tender through which individuals or legal persons under private law, Romanian or foreign, which concedentul you to select on the basis of criteria developed in advance, have the right to submit offers.
  


Article 12 (1) in the case of public tender procedure, concedentul is required to develop the specifications of concession and instructions on organizing and conducting the procedure of concession.
  

(2) the specifications shall include, the operating conditions of the concession, the investments to be made by the concessionaire, the financial and insurance clauses, the goods used by the concessionaire and his obligations relating to environmental protection.
  

(3) the content of the documentation referred to in paragraph 1. (1) will be subject to detailed arrangements to be approved by the Government.
  

A. licensees through public tender Procedure open to Article 13 in the case of open public tender procedure, concedentul is required to publish in the Official Gazette of Romania, part VI, in a daily newspaper of national circulation and in one movement, as well as in the official journal of the European communities and/or logging into a broad international movement, in accordance with the detailed rules for the application of this law public announcement of the auction, which will contain: a the name and registered office) concender write;
  

b) object and duration of the concession;
  

c) place where it can be studied the documentation referred to in article 1. 12(3). (1);
  

d) documents concerning the qualities and abilities required of tenderers;
  

e) date and place of receipt of tenders;
  

f) duration in which bidders remain employed by their terms of tenders;
  

g) date, time and place of opening of tenders.
  

h) name, address, fax and email address of the contracting authority where is transmitted or deposited with or, as the case may be, shall resolve complaints.
  

— — — — — — — —-the introductory part of article 3. 13 was amended by section 6 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.
The letter h) of art. 13 was entered by point 7 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 14 the deadline for receipt of tenders shall not be less than 20 calendar days and not exceed 60 calendar days from the date of publication of the notice of public auction.


Article 15 (1) tenderers shall send their offerings in two sealed envelopes, one outside and one inside, which will be recorded in the order receipt, in a special register, kept at the registered office or kept.
  

(2) the outer envelope shall tender open for which it is filed. The outer envelope will have to contain: a) a bidder information card and a statement of participation signed by the bidder, without erasures or alterations, thickening;
  

(b) the supporting documents relating to) the qualities and capabilities of suppliers, according to concender write requests, as well as the guarantee of participation in the tender.
  

(3) on the inner envelope shall bear the name or business name of the tenderer, and domicile or registered office, as appropriate. This envelope will contain the offer itself.
  

(4) the sealed Envelopes will be taught the Commission assessment on the day fixed for the opening of their own.
  


Article 16 (1) the Evaluation Committee will be composed as follows: (a)) where concedentul is one of the ministries. 5 para. (1) (a). a), representatives of the ministries concerned and the Ministry of Finance, appointed for this purpose;
  

b) where concedentul is a specialized organ referred to in art. 5 para. (1) (a). of representatives) and the Ministry of Finance, appointed for this purpose;
  

(c)) where concedentul is one of the county councils or local councils. 5 para. (1) (a). b), representatives of the County Council or City Council and of the General Directorates of public finance and financial control of the county or State of the municipality of Bucharest, appointed for this purpose;
  

(d)) where concedentul is one of the institutions referred to in article 1. 5 para. (1) (a). b), representatives of the public institutions concerned, the Council or the local County Council and of the General Directorates of public finance and financial control of the county or State of the municipality of Bucharest, appointed for this purpose.
  

(2) where the good or service activity subject to environmental triggers concessionaires procedures, according to the legislation in force, the Evaluation Commission will include in its component and a representative of the competent authority for environmental protection.
  

(3) the Commission's evaluation Component is determined by decision of the concender write. At the same time, Commission President designate concedentul evaluation which, in its turn, shall designate the Secretary of the Commission, responsible for drafting the report.
  

(4) the meetings of the Evaluation Committee Chairman may invite personalities recognized for their experience and competence in the field of what is subject to public tender. These personalities have a consultative vote.
  


Article 17 (1) Meeting opening of the envelopes shall be public.
  

(2) after the opening of the envelopes, the Evaluation Commission eliminate the tenders which do not contain all those documents and the data required in article 8. 15 or instructions regarding the Organization and conduct of the procedure for the grant and shall draw up a report, which will include the result of the opening of the envelopes in question.
  

(3) the opening of the tenders retained the envelopes only after signing the minutes by all members of the Evaluation Committee and by bidders.
  


Article 18 (1) the selection board examines the inner envelopes and offers can, when necessary, consider to ask tenderers for further details on the contents of their tender.
  

(2) the selection board choose the offer that you consider the best from the point of view of meeting the selection criteria set out in the instructions on the Organization and conduct of the concession procedure. These criteria shall take into account the economic efficiency, the amount of the proposed investment, the benefits, the cost of their use, their value technique, how to resolve the obligations relating to protection of the environment and social issues, professional and financial guarantees proposed by each bidder and terms of execution of works.
  


Article 19 (1) based on the evaluation of tenders the Evaluation Commission shall draw up a report containing a description of the procedure for the grant and evaluation operations, the essential elements of the tenders submitted and the reasons for the choice of the successful tenderer or, where there was no winner designated provider, causes for rejection.
  

(2) where the tender open did not lead to the designation of a winner, it will be noted this situation in a report, and within 45 days will hold a new auction.
  

(3) If the second auction has not led to the designation of a winner, it will be noted in a report that will form the basis for the decision whether recourse to the procedure for direct negotiation.
  

(4) the licensees through direct negotiation cannot be inferior to best bids rejected by public auction.
  


Article 20 (1) the report drawn up by the selection board and their tenders shall be forwarded without delay to the concender write.
  

(2) on receipt of the report of the Evaluation Committee, concedentul shall, within 5 calendar days inform the successful tenderer about his election and the announcement of other bidders about their rejection of tenders. At the request of bidders shunned within 10 calendar days of receipt of the notification of rejection of their tenders, concedentul will forward a copy of the report of the evaluation of the tenders.
  


Article 21 (1) Bidders can make complaints concerning the way in which legal provisions have been complied with the procedure governing its licensees through public auction.
  


(2) the term for submission of communications, complaints to the competent authorities to resolve them and their working procedure shall be determined by guidelines for the Organization and conduct of the concession procedure.
  

B. licensees through public tender Procedure with pre-selection in article 22 (1) in the case of open public tender procedure with pre-selection, concedentul has the obligation to draw up a notice of receipt for applications, in which will include: a) the concession contract;
  

b) self-defined targets proposing concedentul;
  

c documents relating to) qualities and abilities required of candidates;
  

d) deadline for the receipt of applications;
  

e) selection criteria the candidates.
  

f) name, address, fax and email address of the contracting authority where is transmitted or deposited with or, as the case may be, shall resolve complaints.
  

(2) the notice of receipt of applications shall be published under the same conditions as those laid down in article 21. 13, and the deadline for receipt of applications is the same as that laid down in article 21. 14. — — — — — — — — — — — — the letter f) of art. 22 was introduced by section 8 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 23 (1) Applications shall be submitted in sealed envelopes, the Evaluation Commission, established under article 14 hereof. 16. (2) the selection board examines the documents submitted and shall draw up the list of candidates admitted to the submission of a tender in the light of the selection criteria set out in the notice of receipt of applications.
  


Concedentul to in article 24 shall, within 5 calendar days, the candidates accept their candidacy rejected about. At the request in writing of candidates rejected, within 10 calendar days of receipt of the notification of rejection of applications, concedentul it shall forward a copy of the minutes.


Article 25 (1) shall inform the candidates Concedentul whose candidacies were selected about and where they can study the submission of concessionaires.
  

(2) as from the date laid down according to the criteria laid down in paragraph 1. (1) candidates shall have a period, which may not be less than 20 calendar days and not exceed 60 calendar days to submit bids.
  

(3) After submission of tenders, the procedure of open public tender with pre-selection shall be conducted in accordance with the provisions of art. 15 and art. 17-21. the second section of the licensees through direct negotiation Procedure in article 26 (1) direct negotiation procedure is applicable where the tender has not led to the designation of a winner.
  

(2) following the procedure of direct negotiation, concedentul assigns the individual grant or the legal person governed by private law, Romanian times, that you choose.
  


Article 27 (1) Concedentul is required to publish in the Official Gazette of Romania, part VI, in a daily newspaper of national circulation and in one movement, in the official journal of the European communities and/or logging into a broad international movement, in accordance with the detailed rules for the application of this law, its intention to resort to the procedure of direct negotiation.
  

(2) the notice published pursuant to paragraph 1. (1) must specify: (a) name and registered office) concender write;
  

b) the concession contract;
  

c) how concedentul organises the deployment negotiations.
  

— — — — — — — — — — —-. (1) of article 1. Amended 27 of point 9 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Section 3 of the concessionaires of the competitive dialogue Procedure — — — — — — — — — — — — section 3 was introduced by paragraph 10 of article 10. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 1 (1) the competitive dialogue procedure is a procedure that offers the possibility of contracting authority to initiate consultations with candidates, with the aim of developing one or more alternatives to meet the requirements of the contracting authority and the candidates are invited to bid.
  

(2) in the competitive dialogue the candidates will be invited to submit their final tender on the basis of the solution/solutions identified in the course of the dialogue. The principles of transparency and equal treatment will be respected.
  

(3) Concedentul is required to publish in the Official Gazette of Romania, part VI, in a daily newspaper of national circulation and in one movement, in the official journal of the European communities and/or logging into a broad international movement, in accordance with the detailed rules for the application of this law, its intention to resort to the competitive dialogue procedure.
  

(4) a notice published pursuant to paragraph 1. (3) must specify: (a) name and registered office) concender write;
  

b) the concession contract;
  

c) how concedentul organizes carrying out of negotiations;
  

d) name, address, fax and email address of the contracting authority within the compartment where they are transmitted to the times shall be submitted or, where appropriate, to resolve complaints.
  

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Art. 27 ^ 1 was introduced by paragraph 10 of article 10. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Chapter 3 ^ 1 and remedies — — — — — — — — — — — — Chapter 3 ^ 1 was introduced by point 11 of article 1. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 2 (1) documents issued in contravention of the provisions of this law may be appealed administratively and/or justice.
  

(2) the contracting authority is the competence to resolve appeals filed by administrative channels.
  

(3) Legal Action is introduced to the Administrative Tribunal in whose constituency lies to the contracting authority. The judgment of the Tribunal may appeal to the Administrative Court of appeal.
  

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Art. 27 ^ 2 was introduced by item 11 of article 4. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 3 any person who has a vested interest in a particular contract of concession and suffering, is likely to suffer or suffered injury, as a direct consequence of a wrongful act, has the right to use the remedies provided for in this law.
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Art. 27 ^ 3 was introduced by item 11 of article 4. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 4 persons referred to in art. 27 ^ 3, who suffered an injury, can seek compensation through legal action according to the law on administrative courts.
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Art. 27 ^ 4 was introduced by point 11 of article 1. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 5 (1) whenever it receives a notice of opposition, the contracting authority shall suspend the procedure for the award of the concession contract.
  

(2) the period of suspension shall entail the extension of any period affected by the suspension, with the exception of the periods for the exercise of rights of appeal.
  

(3) the decision to suspend shall be communicated immediately by the contracting authority, contestatorului, as well as all the participants involved in the procedure for the award of the concession contract of services on the date to submit the appeal.
  

(4) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) the contracting authority may refuse the suspension of the procedure relating to the awarding of the concession contract in the case, in any of the situations: (a) umatoarele) opposition is unfounded;
  

b) by suspending the application of the procedure for the award of the concession contract there was imminent danger of serious harm to an overriding public interest.
  

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Art. 27 ^ 5 was introduced by the pct, article 11. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 6 (1) the contracting authority shall, after receiving an "appeal" or a notice concerning the introduction of a legal action, is obliged, within three days, to notify you about it and about his decision to suspend a reasoned or not the procedure for the award of the concession contract on all participants still involved in that procedure, enclosing copy of notice of opposition or notification received.
  

(2) the contracting authority is obliged to communicate all the participants involved in the procedure for the award of the concession contract all subsequent acts concerning opposition legal action/cause, within two working days of their receipt/production.
  

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Art. 27 ^ 6 was introduced by item 11 of article 4. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 (1) ^ 7 Participants involved in the procedure for the award of the concession contract have the right to join the opposition submitted to the contracting authority, by means of written communication submitted to the contracting authority, within 5 days after receipt of the notice concerning the receipt of an appeal.
  


(2) those who equate opposition to have the same rights and responsibilities with the one who initiated the appeal. Yet participants involved in the procedure for the award of the concession contract, which does not equate to a dispute under the provisions of this paragraph shall lose the right to have both administratively and in justice, wrongful act relied on by the opposition as originally submitted.
  

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Art. 27 ^ 7 was introduced by point 11 of article 1. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 8 (1) in the resolution of complaints, the contracting authority may decide on corrective action amendment, termination, revocation, cancellation and other unlawful acts or activities in relation to them, for the purpose of compliance with the provisions of this law.
  

(2) Any corrective measure ordered by the contracting authority must be stated within the resolution.
  

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Art. 27 ^ 8 was introduced by item 11 of article 4. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 9 If the suspension or cancellation of the procedure for the award of the concession contract, the service subject to the terms and conditions is held in the concessionaires of the earlier development of the procedure for the grant, without thereby shall exceed the maximum concession period.
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Art. 27 ^ 9 was introduced by point 11 of article 1. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 27 ^ 10 court decisions handed down in the irrevocable, disputes arising from the application of the provisions of this law shall be published in the Official Gazette of Romania, part VI, and payment of the costs of transmission and publication is to be borne by the party that lost the case; for this purpose the Court shall order by the same court payment of these expenses.
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Art. 27 ^ 10 was introduced by item 11 of article 4. 1 of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Chapter 4 provisions concerning concession contract Article 28 (1) the concession contract shall be concluded within 30 days of the date on which the offeror has informed concedentul about accepting his offer, if the specification has not been established.
  

(2) failure to comply with the time limit referred to in paragraph 1. (1) may result in payment of damages by the defaulting party.
  

(3) the successful tenderer's refusal to conclude the contract winner of the concession shall entail the loss of the security lodged for participation and, where appropriate, the payment of damages.
  

(4) the concession contract shall include clauses in the contract documents and the terms agreed between the Contracting Parties, in addition to those of the specifications and without prejudice to the objectives of the concession provided for in the specification.
  

(5) At the conclusion of the concession contract the parties will agree on the cases of termination of contract. In the contract the parties will be able to enroll specific clauses relating to unilateral termination or at repayment.
  

(6) in all cases the concession contract will include the ban for the concessionaire to subconcesiona, in whole or in part to another person subject to concession.
  

(7) the concession contract will also contain contractual clauses relating to the Division of responsibilities between the write and concessionaire.
  


Article 29 (1) upon expiry of the concession the concessionaire is obliged to repay, in full, free of any task, including concession investments, in accordance with the provisions of the concession contract.
  

(2) The concession contract must be clearly stated, clearly, the categories of goods that will be used by the concessionaire in carrying out the concession, respectively: the return of the goods) returning to full right, free of charge and free of any concender write the tasks of the concession contract. Return goods are goods which are the subject of the concession, as well as those that have resulted from the investments required by the specifications;
  

b) goods pickup, on expiry of the concession contract, can return concender write, insofar as the latter manifested its intent to retrieve the goods in return for payment of an indemnity equal to the amount, in accordance with the provisions of accounting up-to-date specifications. Are the goods takeover the assets that belonged to the concessionaire and were used by him for the duration of the concession;
  

c) own goods, on expiry of the concession contract, remain the property of the lessee. Own goods are goods that belonged to the concessionaire and were used by him for the duration of the concession, except as provided in (b). b). (3) The concession contract shall mention the distribution of these goods upon the termination, for any reason, the concession.
  

— — — — — — — — — — —-. (1) of article 1. Amended 29 of point 12 of article 4. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 30 (1) the concession contract will be concluded in accordance with Romanian law, irrespective of the nationality or citizenship of the lessee for a period which may not exceed 49 years, beginning from the date of signing him. The duration of the concession shall be determined according to the period of depreciation of the investment to be made by the concessionaire.
  

(2) for the resolution of possible disputes arising from execution of the concession contract, the parties may stipulate the arbitration clause in the contract, which may be attributed to the competence of solving disputes in arbitration courts of the Romanian or international.
  

(3) the concession contract may be extended for a period equal to not more than half of its original length by the mere agreement of the parties ' will.
  

— — — — — — — — — — —-. (2) of article 9. 30 was modified by item 13 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 31 (1) Concedentul can modify the contract unilaterally reglementara part of the concession, with prior notification to the lessee, the exceptional reasons related to national or local interest, if applicable.
  

(2) where the contract modification brings unilateral injury, the concessionaire has the right to receive appropriate compensation promptly and effectively applied. In case of disagreement between the write and concessionaire of the amount of compensation, this will be fixed by the Court's competence. This disagreement cannot, under any circumstances, allow the concessionaire to evade its contractual obligations.
  


Article 32 contractual relations between the concessionaire and the write is based on the principle of balance of the concession, respectively on the establishment of a possible tie between the advantages granted to the concessionaire and the duties imposed on it. In consequence, the concessionaire will not be obliged to bear the increasing tasks related to the execution of his duties, where this increase results from: (a) an action or a) measures ordered by a public authority;
  

b) a case of force majeure or fortuitous case.
  


Article 33 (1) execute their obligations of the Concessionaire under the terms and conditions laid down in the concession contract and in accordance with the regulations specific to the field of activity concerned, drawn up by legal institutions empowered to that end.
  

(2) Concedentul has the right to verify, during the period of the concession contract, how to comply with its clauses and conditions of the concessionaire.
  


Article 34 (1) the concessionaire shall, within 90 days from the date of signature of the concession contract, to submit, by way of guarantee, an amount representing a fixed proportion of the amount of the obligation of payment by the write, established by him and due for the first year of activity. If necessary, that amount will be levied the penalties and the amounts charged by the concessionaire, concender write on the basis of the concession contract.
  

(2) the concessionaire may constitute a deposit and debt securities, which will be drawn up with the agreement of pledge concender write. It will be a similar guarantee, depending on the need of future costs, coverage for obligations relating to environmental protection, which may appear on any concession.
  


Article 35 Termination of the concession contract can occur in the following situations: a) on expiry of the concession contract shall set forth;
  

b) where national or local interest, through unilateral denunciation by the write, pay fair compensation and prior pregnancy concender write;
  

c) in the event of contractual obligations by the concessionaire through unilateral termination by the write, with payment of compensation payable by the concessionaire;
  

d) in the event of contractual obligations by the write through unilateral termination by the concessionaire, with payment of compensation owed by concender write;
  

e) from the disappearance a cause of force majeure, for property or in the case of inability of the concessionaire targets to exploit it through renunciation, without payment of compensation.
  


Chapter 5 provisions concerning the exercise of the right of control Article 36


Ministries and Ministry of finance have powers of control over concessions of national interest, and general directions of public finance and financial control of the County and State of Bucharest have control over local interest concessions, aiming, in particular, compliance with the provisions relating to: (a) an order for the concession);
  

b) advertising;
  

c) the content of the documentation referred to in article 1. 12(3). (1);
  

d) component and the workings of the Commission for the evaluation of bids;
  

e) timelines this law;
  

f) informing stakeholders about the granting or termination of the concession;
  

g) fulfilment of the contract is kept and the concessionaire.
  


Chapter 6, Article 37 Penalties failure by the Contracting Parties of the obligations contained in the concession contract draws the contractual liability of the party's guilt.


Article 38 (1) shall constitute offences from the provisions of this law, if they were not committed in such circumstances as to be considered, according to the criminal law, offences, the following facts: (a) non-compliance with the provisions on advertising), referred to in art. 13, art. 22 paragraph 1. (2) and article 3. 27(2). (1);
  

(b) failure to comply with time limits). 9, art. 14, art. 20 paragraph 1. (2), art. 24, art. 25 para. (2), art. 34 para. (1) and art. 39;
  

(c) substitution of the members) of the Evaluation Committee, as well as by employees included in concender write document initial offerings in other documents;
  

(d) non-disclosure of any information) published by employees, as well as concender write any person involved in the process of establishing a concession.
  

(2) the Offences referred to in paragraph 1. (1) shall be imposed as follows: (a) those referred to). the fine) to 5,000,000 lei la 25,000,000 lei;
  

b) those referred. (b)), with fine from 2,000,000 to 10,000,000 lei lei;
  

c) those referred. c) and (d)), with fine 10,000,000 50,000,000 lei lei.
  

(3) the amount of the fines may be increased, depending on the inflation rate, the Government's decision.
  

(4) the fines referred to as sanctions for committing offences mentioned in paragraph 1. (1) can be applied to both individuals and legal persons.
  

(5) the finding of violations covered by the provisions of this law and the sanctions are carried out by persons specifically authorized by the ministries.
  

(6) the provisions of law No. 32/68 *) relating to the establishment and sanctioning offences also apply to offences covered by this law.
  

— — — — — — — — — — (*) in accordance with article 48 from ORDINANCE No. 2 of 12 July 2001, concerning the legal regime of irregularities: "whenever in a special law or another normative act formerly referred to in law No. 32/68 on the establishment and sanctioning violations, will be made to the corresponding provisions of this Ordinance. "


Chapter 7 final provisions Article 39 land concession contracts of any nature will be recorded by the concessionaire in the registers of real estate advertising, within 30 calendar days from the date of their conclusion.


Article 40 (1) of the concession Contracts concluded before the date of entry into force of this law shall remain valid.
  

(2) up to the privatization of national companies or corporations or companies established by the reorganization of companies, they can lease direct award thru property belonging to public or private property of the State, field of activity, implementing new public infrastructure.
  

(3) upon privatisation of national companies or corporations or companies established by the reorganization of companies, private investors should be selected on the basis of a competitive procedure, as defined in this law.
  

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Art. 40 was changed from point 14 of article. IV of law No. 528 of 25 November 2004, published in Official Gazette No. 1,153 of 7 December 2004.


Article 41 within 60 days from the date of publication of this law in the Official Gazette of Romania, the Council shall develop and propose reform to the Government framework guidelines pursuant to this law.


Article 42 (1) this law shall enter into force within 60 days after its publication in the Official Gazette of Romania.
  

(2) is repealed on the same date: a) art. 25-29 of law No. 15/1990 on the reorganization of State-owned economic units as 1900 and company, published in the Official Gazette of Romania, part I, no. 98 of 8 august 1990, as amended and supplemented;
  

b) art. 1-17, art. 25 and appendices. 1-5 of Government decision No. 1.228/1990 approving the methodology for concessionaires, hiring and location management, published in the Official Gazette of Romania, part I, no. 140 of 12 December 1990, as amended and supplemented.
  

This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 28 October 1998, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN p., PRESIDENT of the SENATE ULM SADR — — — — — — — —-