Law No. 89 Of 25 May 1999 Approving Government Emergency Ordinance Nr. 12/1998 Relating To Carriage By Rail And The Reorganization Of The National Society Of Romanian Railways

Original Language Title:  LEGE nr. 89 din 25 mai 1999 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 12/1998 privind transportul pe căile ferate române şi reorganizarea Societăţii Naţionale a Căilor Ferate Române

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071573/-lege-nr.-89-din-25-mai-1999-pentru-aprobarea-ordonanei-de-urgen-a-guvernului-nr.-12-1998-privind-transportul-pe-cile-ferate-romne-i-reorganizarea-soc.html

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Law No. 89 of 25 May 1999 approving the Emergency Ordinance of Government No. 12/1998 relating to carriage by rail and the reorganization of the National Railway Company of ISSUING Romanian PARLIAMENT Published in MONITORUL OFICIAL nr. 247 of 1 June 1999, the Romanian Parliament adopts this law.


Article 1 shall approve the Emergency Ordinance of Government No. 12 of 7 July 1998 relating to carriage by rail and the reorganization of the National Railway Company of Romania, published in the Official Gazette of Romania, part I, no. 254 of 8 July 1998, with the following amendments and supplements: 1. In article 1, paragraph (3) shall read as follows: "(3) the public rail transport constitutes, by its nature, a sector of strategic national interest, represents an essential public service to society, contribute to freedom of movement, in addressing the major interests of the economy, the movement of persons, goods and other assets within the country and in international traffic with a high degree of safety, eco-friendly, efficient and meets the specific tasks for the country's defense needs, according to the law. "
2. In article 1, after paragraph (3) are introduced (3 ^ 1 and 3 ^ 2) with the following contents: "(3 ^ 1) related services are activities that takes place in connection with or during transport.
(3 ^ 2) Adjacent transport services are activities that have the purpose of ensuring transport safety conduct. "
3. In article 2, subparagraphs b) and d) shall read as follows: "(b)) have owned or rented rolling stock traction registered by the competent authority, which is required for hauling trains, railcars or trains, with technical characteristics and equipment safety requirements imposed on the movement of rail and the quality of transport service;


d) shall have the necessary staff certified for rail operations covered by the activity of the operator concerned; "
  

4. Article 3 shall read as follows: Art. 3. A license for carrying out services-rail. 1 shall be granted by the Ministry of transport. "
5. In article 5, paragraph (1) shall read as follows: "(1) public passenger transport by rail has the character of a public service. For these services the public rail transport operators receive from the State budget or local budgets, as appropriate, the differences between the rates established with the opinion of the competent public authorities and the real costs of transport, plus a profit share between 3 and 5 percent. "
6. In article 7 (2), subparagraphs (b)) and I) will read as follows: "(b)) develops and programmes subject to Government approval, development and modernization of railway infrastructure open to the public;


l) ensure the management of public and private property of the State in the field of rail transport; "
  

7. In article 7 (3), subparagraphs (i)) and r) will read as follows: "i) issue binding rules for carrying out the transport of dangerous goods by rail;


r) approve mandatory rules and regulations for holders of industrial railways and transportation by rail, which have access to the railway infrastructure open to public access, as appropriate, and for the beneficiaries of transport; "
  

8. In article 7, paragraph (4) shall be repealed: 9. Article 9 shall read as follows: Art. 9. — (1) the management of the railway infrastructure, public property or private property of the State, ensure by a national company arising as a result of the reorganization of the national society of Romanian Railways, assigned in concession without paying redeventei, railway infrastructure and public holding ownership of other elements of railway infrastructure from the National Society of Romanian Railways established by decision of the Government.

(2) the concession contract shall be concluded on behalf of the State, with the Ministry of transportation for a period of 49 years. "
  

10. In article 10 (1) after the letter s) is inserted in point f) with the following content: "f) other installations and related railway infrastructure buildings."
11. In article 10, paragraphs (2) and (3) shall read as follows: "(2) the elements of public railway infrastructure, as provided for in paragraph 1. (1), shall be determined by decision of the Government.

(3) other items of railway infrastructure, unforeseen Assembly at para. (1), constitute private property company which manages public railway infrastructure or, where applicable, of the national societies and companies as a result of the reorganization, as well as the national society of Romanian Railways, after reorganization. "
  

12. In article 11, introductory part shall read as follows: Art. 11.-operation of public railway infrastructure shall be carried out by the national company which manages the railway infrastructure, through: "13. Article 22 shall read as follows: Art. 22. — (1) in implementing new elements of railway infrastructure or for the development, modernization of existing rehabilitation times, whose funding cannot be provided by the company. 9 para. (1) as well as for their Ministry of transport operation may conclude contracts for the grant with other legal entities, Romanian or foreign, in accordance with the law.

(2) on the date of approval of the concession contract by the Ministry of transport with the company. 9 para. (1) change appropriately. "
  

14. In article 23, paragraph 3 shall read as follows: "(3) the closure of railway lines for reasons of profitability, or decommissioning, or keeping in service of the line concerned and the exploitation of them is approved by the Government on the proposal of the Ministry of transport, the Ministry of national defence and of the local public administration."
15. In article 25, paragraph (4) shall read as follows: "(4) the protection zone of the public railway infrastructure includes the surrounding land, on both sides of the railway axis, regardless of owner, up to a maximum of 100 m from the axis of the railways, as well as land intended for or used in any form to its officials. The limits of protection zones shall be established on the basis of the norms issued by the Ministry of transportation, written notification of the owners of land within 30 days. "
16. In article 32, subparagraph g) shall read as follows: "(g) propose for approval) or approve, as appropriate, in accordance with the law, feasibility studies for upgrades and new investment targets concerning transport by railways, designing or implementation of new investment objectives and participate in reception and at commissioning, in accordance with the approved programmes;"
17. Article 44 shall read as follows: Art. 44.-National Society of Romanian Railways continue to fiinteze, having as its main business debt management and debt existing at the time of reorganization. After completion of the Division railway National Company Romanian will reorganize under a decree of the Government, which will establish the legal status, tasks and its heritage. "
18. Article 45 shall read as follows: Art. 45.-National Company, national companies and the companies referred to in article 1. 43 is organized and operates under the authority of the Ministry of transportation, through the Government, which will establish the legal status, tasks and their heritage. "
19. In article 48 (1), subparagraph (c)) shall read as follows: "(c)) may constitute commercial companies, branches, agencies and representative offices in the country and abroad, in accordance with the law;"
20. Article 57 shall read as follows: Art. 57.-increases the delay for failure to comply with the obligations of the State and public institutions, existing at the date of registration in the national commercial register of the company which manages the railway infrastructure, national societies and companies resulting from the reorganization, as well as increases due to National Railway Company in the form after the reorganization are exempted from paying. "


Article 2 the Government's Emergency Ordinance No. 12/1998 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 19 April 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU this law was adopted by the Senate at its meeting on 19 April 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR — — — — — — — — — — —