Law No. 20 of 15 January 1999 on approval of the Emergency Ordinance of Government No. 24/1998 on deprived areas scheme PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 12 of 19 January 1999 the Parliament adopts this law.
Article 1 shall approve the Emergency Ordinance of Government No. 24 of 30 September 1998 concerning the regime favoured, as published in the Official Gazette of Romania, part I, no. 378 of 2 October 1998, with the following amendments and supplements: 1. Article 1 shall read as follows: Art. 1.-(1), less-favoured areas within the meaning of this emergency Ordinance, represent geographical areas, strictly bounded territorially, which meet at least one of the following conditions: (a) productive structures) that have monoindustriale in the area, mobilize more than 50% of the consideration;
b) are areas where mining was dismissed, more than 25 percent, through layoffs;
c) were made in the realisation of collective redundancies, restructuring or privatisation of some economic agents that have affected more than 25% of the number of employees resident in that area;
d) unemployment rate exceeds 30% average of the existence at national level;
e) are isolated areas devoid of means of communications and infrastructure is poorly developed.
(2) a less-favoured area, delimited according to para. (1) can belong to one or more administrative-territorial unit. "
2. Article 2 shall be inserted in paragraphs (2) and (3) with the following content: "(2) where the geographical area of a less-favoured areas belong to two or more administrative-territorial units, the proposal to establish, documentation and opinions shall be made by the competent bodies, in accordance with paragraph 1. (1) of the respective administrative-territorial units, under the leadership of the National Agency for regional development.
(3) in the case of less-favoured areas which belong to two or more administrative-territorial units, the operators concerned will transmit the data referred to in paragraph 1. (1) the National Agency for regional development. "
3. Article 3 shall read as follows: Art. 3.-Declaration and demarcation of less-favoured areas shall be made by the Government on the proposal of the National Council for regional development. "
4. After article 3 is inserted in article 3 ^ 1 with the following content: "Art. 3 ^ 1. -Government decree declaring the area deprived approved: a) the period for which a geographically disadvantaged area is declared, for the purposes of this emergency Ordinance;
b) areas of interest for investment;
(c) the necessary financing and facilities) provided for by the law shall be granted to economic agents who carry out investment. "
5. Article 4 shall read as follows: Art. 4.-a geographically disadvantaged area can be declared for a period of at least three years but less than 10 years, with the possibility of extension under the terms of this emergency Ordinance. "
6. Article 5 shall read as follows: Art. 5.-(1) majority-owned companies, private legal entities, as well as private entrepreneurs or family associations, authorized under Decree-Law No. 54/1990 on the Organization and conduct of economic activities on the basis of free enterprise, which are established and operating in a less-favoured area, receive new investments created by the following facilities: a) the exemption from the payment of customs duties:-and value added tax for cars, machinery, installations, equipment, means of transportation, other assets subject to depreciation which is imported to carry out investments in the area;
-value added tax for cars, machinery, installations, equipment, means of transport, goods produced in other depreciable land in order to carry out the investment and progress in area;
b) duty refund on raw materials, spare parts and/or imported components necessary for their own production in the area. Refund amounts will be subject to approval by the regional development agencies of the documents which certify the production valuing businesses. Refund of amounts needed by businesses in the area of customs duties paid by them will be made available to the Agency for regional development regional development fund.
In the case of less-favoured areas which belong to two or more administrative-territorial units, the refund amounts needed economic agents in a less-favoured area of the customs duties paid on these will be made available by National Agency for regional development regional development fund;
c) tax exemption on profits during the existence of the underprivileged;
d) fee exemption in charges for changing the destination or removal from set-aside land intended for carrying out investment;
e) to grant, in priority, the special development fund available to the Government, according to the Government's Emergency Ordinance No. 59/1997 concerning the destination of sums overcharged by the State property Fund in the process of privatization of companies in which the State is a shareholder, of sums:-stimulation of finished products export and/or industrial services, as appropriate;
-guaranteeing foreign credits, up to a ceiling fixed annually by the Ministry of finance;
-financing of special programs, approved by the Decree of the Government;
-financing of investment projects of companies through co-participation in the capital State.
(2) the granting of facilities and funding referred to in paragraph 1. (1) (a). e) is established by the decision of the Government. "
7. In article 8 (1) becomes article 5 ^ 1 with the following content: "Art. 5 ^ 1. -In the event that an investment benefiting from the provisions of this emergency Ordinance is wound up voluntarily in a period of less than twice the period during which the facilities granted by Government Decree establishing the disadvantaged area, the liquidator/liquidators has/have the amounts arising from the liquidation to pay priority to the State budget, State social insurance budget and budgets of special funds amounts relating to the facilities granted in accordance with the provisions of this Ordinance. "
8. Article 6 shall be repealed.
9. Article 7 shall read as follows: Art. 7.-Facilities provided for by this emergency Ordinance shall be granted for trading companies, legal entities with majority private capital, as well as private entrepreneurs or family associations, authorized under Decree-Law No. 54/1990, which have their registered office and carries out its activity in this area, if it is achieved through the investment creates new jobs for neocupata jobs or force for their family members residing in a less-favoured area. "
10. Article 8 shall read as follows: Art. 8.-companies constituted in a less-favoured area can terminate a volunteer activity in that area, while those who open their subsidiaries with legal personality in one such area may disband or change the seat from less-favoured area, within a period shorter than that provided for in art. 5 ^ 1, but under penalty of payment of sums due to the State budget, State social insurance budget and budgets of special funds for facilities granted in accordance with the provisions of this Ordinance. "
11. Article 10 shall be inserted in subparagraphs e and f)), with the following content: "e) shall draw up rules and regulates activities inside the area for the duration of its existence;
f) regularly inform the National Council for regional development activities in the area. "
12. Article 10 shall be inserted in paragraph (2) with the following contents: "(2) in the case of less favoured regions falling within two or more administrative-territorial units, of their specific administration will be carried out by the National Agency for regional development."
13. Article 11 shall read as follows: Art. 11.-(1) the use of all or part of the sums allocated from the Regional Development Fund for development projects within the favoured destination, without complying with the deadlines and for which they were granted to the beneficiaries, it is noticed by the control bodies empowered by law.
(2) the amounts set out in paragraph 1. (1) the amount shall be refunded, within 60 days of becoming aware of the change of destination control, within which the insurer shall be set up in the seizure emergency, in favor of the Agency for regional development. "
14. Article 12 shall read as follows: Art. 12.-violation of this emergency Ordinance attracts liability, civil or criminal, as appropriate, under this emergency Ordinance. "
Article 2 the Government's Emergency Ordinance No. 24/1998 on deprived areas, as amended by this Bill, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Chamber of deputies at its meeting on 28 December 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN this law was adopted by the Senate at its meeting on 28 December 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU--------------