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Law No. 259 Of 31 December 1998 On The Empowerment Of The Government To Issue Ordinances

Original Language Title:  LEGE nr. 259 din 31 decembrie 1998 privind abilitarea Guvernului de a emite ordonanţe

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LEGE no. 259 259 of 31 December 1998 on the empowerment of the Government to issue ordinances
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 521 521 of 31 December 1998



The Romanian Parliament adopts this law + Article 1 Pursuant to art. 114 114 para. (1) of the Constitution, the Government is empowered that, from the date of entry into force of this law until the resumption of the Parliament's work in the first ordinary session of 1999, it shall issue ordinances in the following areas: 1. Ratification of international agreements on foreign credits granted to Romania, international transport, navigation on the Danube, PHARE National Program for 1998: a) ratification of the loan agreement between Romania and B.I.R.D., in the amount of 5 million U.S. dollars, for the financing of the project on cultural heritage; b) ratification of the loan agreement between Romania and B.I.R.D., in the amount of 10 million dollars U.S., for the financing of the project on the Romanian Social Development Fund; c) ratification of the Loan Agreement between Romania and the Social Development Fund of the Council of Europe, amounting to $2.5 million U.S., intended to finance the project on the expansion of the hospital-hospital Gura Ocnitei; d) ratification of the Loan Agreement between Romania and the Social Development Fund of the Council of Europe to support the regions affected by the floods in recent times; e) increasing the share of Romania's participation in the International Monetary Fund; f) approval of the external public debt ceiling for 1999; g) ratification of the Final Act of the Diplomatic Convention on the Protocol harmonising the International Convention for the Safety of Air Navigation EUROCONTROL of 13 December 1960, after some amendments have been made (Brussels, 27 June 1997 1997), and of the Protocol on the Transition from the Multilateral Agreement on Route Rates of 12 February 1981 to the Regime of Annex no. IV-"Provisions regarding the common route-rate system"-of the International Convention on the Cooperation for the Safety of EUROCONTROL Air Navigation, harmonized by the Protocol opened for signature in Brussels in 1997; h) ratification of the Loan Agreement between Romania and the European Investment Bank and the National Society of Romanian Railways (S.N.C.F.R.) for the financing of the railway modernization project, signed in Luxembourg and Bucharest on June 30 1998 1998; i) ratification of the loan agreement between Romania and the European Investment Bank and the Autonomous Regia "National Road Administration of Romania" (AND) for the financing of the Road Rehabilitation Project, stage III, signed in Luxembourg on 21 July 1998 and in Bucharest on 24 July 1998; j) ratification of the Multilateral Basic Agreement on International Transport for the Development of the Europe-Caucasus-Asia Corridor, adopted in Baku on 8 September 1998; k) ratification of the Additional Protocol of 26 March 1998 to the Convention on the Danube Navigation Regime of August 1948, signed in Budapest; l) ratification of the Agreement in the form of an Exchange of Letters amending the Agreement in the form of an Exchange of Letters between Romania and the European Community on the mutual establishment of tariff quotas for certain wines; m) ratification of the Decision of the Association Council between Romania, on the one hand, and the European Communities and their Member States, on the other hand, on the amendment of Protocol no. 4 to the European Agreement establishing an association between Romania, on the one hand, and the European Communities and their Member States, on the other hand, as well as for the ratification of the version in Romanian of paragraph 6 of art. 15 15 of the same protocol; n) ratification of the Additional Protocol no. 7 7 to the Central European Free Trade Agreement, which amends Protocol no. 7 7 of the Central European Free Trade Agreement on the definition of the concept of originating products and methods of administrative cooperation and for the rectification of the version in Romanian of paragraph 6 of art. 15 15 of the same protocol; o) ratification of the Agreement between the Government of Romania and the U.S. Government on cooperation in the field of countering, proliferation of weapons of mass destruction and promotion of military and defense relations; p) ratification of the Agreement between the governments of the states participating in the Black Sea Economic Cooperation (C.E.M.N.) of collaboration, intervention and emergency response to natural and man-made disasters; q) ratification of the Financial Memorandum on the National PHARE Programme for Romania in 1998, signed in Brussels on 20 October 1998; r) declaring the municipality of Sibiu and the surrounding area as a national interest objective. 2. Finance, accounting, taxes and fees: a) modification and completion of Government Emergency Ordinance no. 82/1997 on the regime of excise duties and other indirect taxes, in the sense of their retrenchment; b) the taxation of financial institutions; c) the organization and functioning of financial-fiscal control and financial audit activity; d) completion of art. 3 of Government Ordinance no. 3/1992 on value added tax, approved and amended by Law no. 130/1992, republished and with subsequent amendments, with the Autonomous Regia "National Road Administration of Romania"; e) modification and completion of Government Ordinance no. 83/1998 regarding the imposition of income made from Romania by non-resident individuals and legal entities, regarding the legal entities participating in the achievement of the objective "Central nuclearelectrica Cernavoda"; f) modification and completion of Government Ordinance no. 29/1994 on the establishment and use of the Special Fund for the development of the energy system, approved by 136/1994, as amended; g) amendment of Law no. 105/1997 for the resolution of objections, appeals and complaints on the amounts found and applied by the acts of control or taxation of the bodies of the Ministry of Finance; h) speeding up the procedures for the use of external loans guaranteed by the state in infrastructure works; i) completion of Government Ordinance no. 32/1995 on the judicial stamp, approved and amended by Law no. 106/1995, with subsequent amendments and completions, in order to regulate the possibility of carrying out expenses for the protocol actions of the Ministry of Justice from the revenues collected from the judicial stamp, as well as the use of these income for the construction and purchase of service housing; j) amendment of Government Ordinance no. 63/1994 on updating some spending regulations for public authorities and institutions, approved and amended by Law no. 13/1995, as amended; k) establishment of guarantee funds; l) some stamp duty regulations. 3. Acceleration of the privatization process of large commercial companies in the field of industry: -the regulation of measures on the removal from operation of physically or morally used fixed assets, not fully amortized, of economic agents in the field of industry. 4. Military production: a) regulatory measures in the field of military production; b) amendment of Law no. 18/1996 on the protection of objectives, goods and values, as amended, in the sense that, among the budgetary units that benefit from the security with gendarmes, exempted from payment, the technical units Military. 5. Standardization: -amendment and completion of Government Ordinance no. 38/1998 38/1998 on accreditation and infrastructure for conformity assessment. 6. Policies for financial support of agricultural producers by: a) amendment of Law no. 165/1998 on the establishment at the disposal of the Ministry of Agriculture and Food of the Fund to finance the expenses related to agricultural works in the vegetal and animal husbandry sector, from 1998-2000; b) approval of the first export to wheat and maize; c) extension of the deadline for the application of Government Ordinance no. 50/1998 on the approval of the first of 200 lei/kg on the purchase of wheat from the harvest of 1998 for bakery, intended for domestic consumption, commercial milling and/or bakery companies, as amended; d) establishing the system of coupons for farmers in 1999; e) support by the state of agricultural producers for the purchase of tractors, combines, machinery, machinery and plants for agriculture in domestic production; f) rescheduling of debts of agricultural producers; g) completion of Government Ordinance no. 41/1994 regarding the authorization of payment of contributions to intergovernmental international organizations to which Romania is a party, approved by Law no. 126/1994 126/1994; h) completion of Government Ordinance no. 42/1995 on the production of food products for sale, approved and modified by Law no. 123/1995 123/1995. 7. Transport: a) the establishment, organization and functioning of the Public Service of Naval Radiocommunications of Appeal, Danger and Rescue; b) the establishment and use of the Special Fund of ports, ports, administration of ports, services in ports; c) some specific measures to ensure the resources of the Special Fund of public roads and the forced execution of claims to the budget of this fund; d) the granting of facilities to economic agents in the field of transport, when the physical or moral fixed assets are taken out of service, not fully depreciated. 8. Public works and spatial planning: a) modification and completion of Government Ordinance no. 20/1994 on measures to reduce the seismic risk of existing constructions, approved and modified by Law no. 82/1995 82/1995, republished; b) the priority program for the construction of highways in Romania; c) the establishment and use of the Special Fund to reduce the seismic risk of construction and industrial installations, large surface and underground explosions and chemical accidents; d) technical regulations on the quality of assembly works, repair-installations and technological equipment in industry and trade. 9. National Education: a) regulation of the running of financial resources of universities through commercial banks; b) the authorization of educational institutions to carry out bank loans; c) regulation of the decentralized use of financial resources in pre-university education; d) establishment of the Romanian Aviation Academy. 10. Tourism: -the legal regime of tourist resorts. 11. Scientific research and technological development: -regulation of Romania's participation in the Framework Programme V for scientific research, technological development and demonstration projects (1998-2002) of the European Union. + Article 2 (1) In accordance with the provisions of art. 114 114 para. (3) of the Romanian Constitution, until the resumption of the Parliament's works in the first ordinary session of 1999, the ordinances issued by the Government pursuant to art. 1 of the present law will be submitted to the Chamber of Deputies and to the Senate for approval, according to the legislative procedure, non-compliance with the deadline (2) Ordinances submitted by the Government according to par. (1) will be debated as a priority. + Article 3 In the areas of empowerment provided for in this law, if draft laws or legislative proposals have been adopted by one of the Houses of Parliament or have been developed and submitted reports of the standing committees referred to in substance, these will be considered by the Government when issuing the ordinances. This law was adopted by the Chamber of Deputies at the meeting of December 22, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU This law was adopted by the Senate at the meeting of December 22, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU --------