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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

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LEGE no. 89 89 of 25 May 1999 for approval Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of the Romanian Railways
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 247 247 of 1 June 1999



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 12 12 of 7 July 1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, published in the Official Gazette of Romania, Part I, no. 254 of 8 July 1998, with the following amendments and additions: 1. In Article 1, paragraph 3 shall read as follows: " (3) Public rail transport constitutes, by its nature, a strategic sector of national interest, is an essential public service for society, contributes to free movement, to the resolution of major interests of the economy, to the movement of persons, goods and other goods, within the country and in international traffic, with a high degree of safety, in ecological, efficient conditions, and performs specific tasks for the defense needs of the country, according to the law. " 2. In Article 1, after paragraph 3, paragraphs 3 and 1 are inserted and (3 ^ 2) with the following contents: " (3 ^ 1) Transport related services are activities that are carried out in direct connection with or during transport. ((3 ^ 2) The services adjacent to the transport are activities aimed at ensuring the safe conduct of transport. " 3. In Article 2, letters b) and d) shall read as follows: "" b) hold in the property or with rent traction rolling stock registered by the competent authority, necessary for the tow of trains, or railcar trains, with the technical and equipment characteristics required by the safety prescriptions of the rail traffic and the quality of the transport service; ........................................................................ d) have the necessary personnel certified for carrying out the railway transport operations that are the subject of the activity of that operator; " 4. Article 3 shall read as follows: "" Art. 3. -License for carrying out the rail transport services provided in art. 1 1 is granted by the Ministry of Transport. 5. In Article 5, paragraph 1 shall read as follows: " (1) Public passenger rail transport has a social public service character. For these services public rail operators receive from the state budget or from local budgets, as the case may be, the differences between the tariffs established with the opinion of the competent public authorities and the actual transport costs, to which the add a profit share of between 3 and 5%. " 6. In Article 7 (2), letters b) and l) shall read as follows: " b) develop and submit to the Government's approval the development and modernization programs of the railway infrastructure open to public access; .................................................................. l) ensure the management of public and private property of the railway state; " 7. In Article 7 (3), points i) and r) shall read as follows: "" i) issue binding rules for the transport of dangerous goods by rail; ..................................................................... r) approves mandatory rules and regulations for holders of industrial lines and means of transport by rail, who have access to rail infrastructure open to public access, as the case may be, and to beneficiaries of transport; ' 8. Article 7 (4) shall be repealed: 9. Article 9 shall read as follows: "" Art. 9. -(1) The management of railway infrastructure, public property or private property of the state, shall be ensured by a national company resulting from the reorganization of the National Society of the Romanian Railways, to which it is awarded in concession, without payment of the royalty, public railway infrastructure and which owns in the property other elements of the railway infrastructure taken from the National Society of Romanian Railways, established by Government decision. (2) The concession contract shall be concluded, on behalf of the State, with the Ministry of Transport, for a period of 49 years. " 10. in Article 10 (1), the letter f) shall be inserted after letter f) with the following contents: "f) other installations and buildings related to railway infrastructure." 11. In Article 10, paragraphs 2 and 3 shall read as follows: " (2) The concrete elements of the public railway infrastructure, provided in par. (1), shall be established by Government decision. (3) The other elements of the railway infrastructure assembly, unforeseen in par. (1), constitutes private property of the company managing the public railway infrastructure or, as the case may be, of the national companies and companies, resulting from the reorganization, as well as of the National Society of the Romanian Railways, left after reorganization. " 12. In Article 11, the introductory part shall read as follows: "" Art. 11. -The operation of the public railway infrastructure shall be carried out by the national company managing the railway infrastructure, by: " 13. Article 22 shall read as follows: "" Art. 22. -(1) For the realization of new elements of public railway infrastructure or for the development, modernization or rehabilitation of existing ones, the financing of which cannot be ensured by the company provided in art. 9 9 para. (1), as well as for their exploitation the Ministry of Transport may conclude concession contracts with other legal entities, Romanian or foreign, under the law. (2) On the date of approval of the concession the contract concluded by the Ministry of Transport with the company provided 9 9 para. ((1) shall be amended accordingly. '; 14. In Article 23, paragraph 3 shall read as follows: "" (3) The closure of the railway lines for reasons of profitability, followed by conservation or decommissioning, or the maintenance in operation of the respective line and the regime of its exploitation shall be approved by the Government, at the proposal of the Ministry of Transport, with Opinion of the Ministry of National Defence and Local Government. ' 15. In Article 25, paragraph 4 shall read as follows: " (4) The protection zone of the public railway infrastructure comprises the surrounding land, situated on one side and another of the axis of the railway, irrespective of the owner, within a maximum of 100 m of the axis of the railway, and the land intended for or which serve, in any form, to ensure its operation. The concrete limits of the protection areas shall be established on the basis of the regulations issued by the Ministry of Transport, with the written information of the landowners within 30 days. " 16. In Article 32, letter g) shall read as follows: " g) propose for approval or approve, as appropriate, under the law, feasibility studies for modernizations and new investment objectives that concern transport on railways, design or execution of new investment objectives and participate at the reception and their commissioning, in accordance with the approved programmes; " 17. Article 44 shall read as follows: "" Art. 44. -The National Society of Romanian Railways continues to be, having as its main activity the management of debt and receivables existing at the date of reorganization. After the completion of the division process the National Society of Romanian Railways will be reorganized by decision of the Government, which will establish its legal form, duties and patrimony. " 18. Article 45 shall read as follows: "" Art. 45. -The national company, the national companies and the companies provided in art. 43 is organized and operates under the authority of the Ministry of Transport, by Government decision, which will establish the legal form, their duties and their patrimony. 19. In Article 48 (1), letter c) shall read as follows: "c) may constitute commercial companies, subsidiaries, agencies and representatives in the country and abroad, under the law;" 20. Article 57 shall read as follows: "" Art. 57. -The delay increases for the non-payment of the obligations to the State and public institutions, existing at the date of registration in the commercial register of the national company managing the railway infrastructure, of the national companies and of companies resulting from reorganization, as well as the increases due by the National Society of Romanian Railways in the form left after the reorganization are exempt from payment. " + Article 2 Government Emergency Ordinance no. 12/1998 will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of April 19, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, PAULA IVANESCU This law was adopted by the Senate at the meeting of 19 April 1999, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ULM SPINEANU -----------