Law No. 140 Of 22 July 1999 On Empowering The Government To Issue Ordinances

Original Language Title:  LEGE nr. 140 din 22 iulie 1999 privind abilitarea Guvernului de a emite ordonanţe

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Law No. 140 of 22 July 1999 on empowering the Government to issue ordinances published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 346 of 22 July 1999, the Romanian Parliament adopts this law.


Article 1 pursuant to article 6. 114 para. (1) of the Constitution of Romania Government is entitled as from the date of entry into force of this law until the resumption of Parliament on the second regular session of 1999 to issue decrees in the following areas: a. ratification of international agreements on cooperation in the field of defence and peacekeeping: 1. Ratification of the agreement on the Multinational Peace Force in southeastern Europe signed at Skopje on 26 September 1998, and the additional protocol to the agreement on the Multinational Peace Force in South-Eastern Europe, signed at Athens on 17 January 1999.
2. Ratification of the agreement between the Government of Romania and the Government of the French Republic concerning cooperation in the field of defence, signed in Bucharest on 24 October 1998.
B. approval of the foreign troops involved in the transit of KFOR, on Romanian territory, pending the resumption of the parliamentary session.
C. Romania's accession to the Convention and ratification of various conventions and treaties, as well as other international documents: 1. Romania's accession to the Convention on facilitation of international maritime traffic (FAL), signed at London on 9 April 1965.
2. Romania's accession to the Convention on minimum standards on board merchant ships no. 147/1976, adopted by the International Labour Organization (ILO).
3. The ratification schedule. XI, on measures for increasing the safety of international maritime Convention for the safety of human life at sea (SOLAS).
4. Participation of Romania in the procedures to the European Court of human rights and to the Committee of Ministers of the Council of Europe and the State as a result of regression of judgments and conventions to resolve amicably, following ratification by Romania of the Convention for the protection of human rights and fundamental freedoms.
5. Participation of Romania in the European Conference on Permanent probation.
6. Ratification of the Treaty between Romania and the United States of America concerning legal assistance in criminal matters, signed at Washington on May 26, 1999.
7. Ratification of the Treaty between Romania and the Republic of Poland concerning legal assistance and legal relationships, signed at Bucharest on 15 May 1999.
8. Romania's accession to the Convention on the Suppression of the requirement of legalization of foreign public documents, done at the Hague on 5 October 1961.
9. Ratification of the European Convention on the indefeasibility of crimes against humanity and war crimes, adopted on 26 November 1968 to Dan Savage 10. Ratification of the European Convention on the international recognition of the repressive judgments.
11. The ratification of the European Convention on the transfer of proceedings in criminal matters.
12. The ratification of the Convention criminal corruption.
13. The ratification of the additional protocol to the Convention on transfer of sentenced persons.
14. To facilitate the application of international conventions in the field of transfer of sentenced persons, to which Romania is a party, in respect of teaching-convicts. take-over
15. Approval of Romania's participation in the Group of States against corruption (GRECO), approved by resolution shall constitute the Council of Europe Committee of Ministers nr. 98/7 of 5 May 1998.
16. The ratification of the European Charter of regional and Minority Languages.
17. Addendei Ratification of the financing memoranda concerning the PHARE Programme to counter the effects of disasters caused by floods, signed in Bucharest on 24 December 1998.
18. The ratification of the memorandum concerning the PHARE funding recovery facility (Pre-Ins Facility) 1998, signed in Bucharest on 24 December 1998.
19. Ratification of the memorandum of understanding concerning the PHARE funding Facility for large-scale infrastructures for the year 1998.
20. Ratification of the memorandum of understanding concerning the PHARE Programme to restructure businesses and professional conversion (RICOP) 1999.
21. The ratification of the loan agreement between Romania and the IFAD Project, intended for the financing of rural development of the Apuseni Mountains.
22. Ratification of the non-refundable financial assistance agreement between Romania and the funding of the project, intended for B.I.R.D. regarding biodiversity conservation Management.
23. Amend Government Ordinance. 35/1994 concerning ratification of the loan agreement between Romania and B.E.R.D., intended for Wholesale Market Project financing.
24. Ratification of an agreement on the loan between Romania, B.E.I. Autonomous and directed by "Logistics", intended for funding the project of modernization of the Bucharest-tranche III.
25. Ratification of the loan agreement between Romania and the funding of the Project, intended for B.I.R.D. closure of mines and to mitigate social impact; ratification of the agreement between Romania, represented by the Minister of finance, and the International Bank for reconstruction and development for the granting of an advance in the amount of $ 500,000 S.U.A. from future borrowing to finance the project of closing mines and mitigating the social impact.
26. The ratification of the stand-by Arrangement with the F.M.I. 27. Loan Agreement ratification PSAL (structural adjustment lending to the private sector) of Romania and B.I.R.D. 28. Loan Agreement ratification PIBL (loan for private sector institutional development) of Romania and B.I.R.D. 29. Ratification of the agreement on the loan between Romania, B.E.I. and directed Transport Timişoara, intended for the financing of the project on the modernization of the infrastructure of public transport with trams in Timişoara.
30. Ratification of an agreement on the loan between Romania, B.E.I. and directed by heating Autonomous Cluj-Napoca, intended for the financing of the project for the rehabilitation of district heating system in the municipality of Cluj-Napoca.
31. The ratification of the trade agreement between the Government of Romania and the Government of the United Mexican States, signed at Mexico City on 3 September 1998.
32. The ratification of the loan agreement between Romania and FDSCE, intended for the financing of the project on the expansion of the hospital Muntinlupa.
D. Finance, accounting, taxes, excises, taxes, rates and administrative fines: 1. Updating, depending on inflation rate of duties established in fixed amounts, for consular services in favour of individuals and legal entities.
2. Establishment of a special fund to complete the consolidation works in the Palace of justice by taking a 30% share of the fees.
3. Financing the activity of the General Directorate of prisons from the Ministry of Justice.
4. Regulation of the amounts received from the destination administrative fines applied by prosecutors.
5. Exemption from customs duties to imports of materials, equipment and installations of the national sports federations and sports and Olympic Committee.
6. The amendment of the Government Ordinance. 23/1998 on financing from other sources than the budget of some specific activities of administration of State reserves, approved and amended by law No. 239/1998.
7. The allocation of the State budget funds needed to cover the costs of receiving, warehousing and storage of wheat from 1999 harvest.
8. Measures to ensure the funding of law enforcement actions related to land fund no. 18/1991, republished.
9. modification and completion of the Emergency Ordinance of Government No. 82/1997 concerning excise duties and other indirect taxes and the Government Ordinance. 3/1992 on value added tax; reducing the value added tax for refined sugar, canned vegetables and fruits, potatoes for seed production and internal consumption as well as for other agri-food products; unification of the tax regime applicable to books and publications.
10. Amendment of the postal Law No. 83/96, in order to netarifarii postal museums and libraries.
11. Amendment of Ordinance No. 9/1996 concerning improvement of the system of financing of public institutions of culture financed from extrabudgetary income and allowances from the State budget or local budgets, payroll system for the staff of these institutions, and improving the remuneration of the staff of the institutions and the cultural activities.
12. The financing of schools or kindergartens; the establishment of the special fund of the State support of education 13. Rules relating to the taxation of income; the imposition of global income.
14. the establishment of the list containing the goods which are the subject of the exemption from customs duties; facilitate and encourage information technology sector to solve the year 2000 problem.
15. The relief of the T.V.A. military technique which it acquires for endowing the Ministry of national defence, from domestic production.
16. changes to the Government's Emergency Ordinance No. 66/1997 concerning the exemption from the payment of taxes on wages and/or income from foreign consultants for activities undertaken in Romania under the loan agreements.
17. The adjustment of the State budget for the year 1999.
18. The adjustment of the State social insurance budget for the year 1999.
19. The amendment of the Government's Emergency Ordinance No. 63/1999 as regards the management of grants allocated to Romania by the European Community, as well as co-financing funds attached to them.
20. Internal financial control of public institutions and the use of public funds.
21. public procurement Regulations.

22. Amendment of Ordinance No. 66/1994 on creation and use of the resources developed through the State Treasury, approved by law No. 128/1994.
23. Rules concerning financial control-tax.
24. Rules relating to the Administration and control of revenues to taxpayers.
25. Rules relating to the defence of the financial interests of the State and combating fraud.
26. the regulations governing financial control and internal audit.
27. Regulations on public finances.
28. Rules concerning the protection of personal data.
29. Measures on restructuring of banks line State owned e. National Defense: 1. the Organization and functioning of the Ministry of national defence.
2. Empowering the Ministry of national defense to engage and run services.
3. Separation of Department no. 5 explosives for blasting Company NITRAMONIA Fagaras-S.A., in view of its inclusion in the defense production sector.
4. Amendment of the Decree nr. 247/1977 relating to the employment of military cadres in groups I, II or III.
F. Agriculture: 1. The amendment of the Government Emergency Ordinance nr. 54/1999 concerning the provision of facilities to the providers of chemical fertilizers and plant protection.
2. Organization and functioning of cooperative.
3. Organization and functioning agri-food products market in Romania and interbranch organisations on products.
4. Agricultural credit.
5. mutual Agricultural Credit.
6. Measures to increase and improve the breeds of animals.
7. The organization and functioning of associations of water users.
8. The establishment of the Agency and State Domains of Agriculture Development Fund.
9. Amendment of Ordinance No. 36/1999 on State support to farmers for the purchase of tractors, combine harvesters, agricultural machines and implements, as well as facilities for irrigation from internal production.
10. Rules on certificates of deposit.
11. Modification and completion of the law #. 165/1998 establishing, at the disposal of the Ministry of agriculture and food, to the Fund for the financing of the expenditure relating to agricultural works in the plant Kingdom and the animal husbandry in the period 1998-2000.
12. Protective measures for budgetary and extrabudgetary staff flying units subordinated to or coordination Ministry of agriculture and food, whose individual contract of employment will be loosened as a result of collective redundancies arising from restructuring of these units.
G. industry: 1. Regulations governing natural gas activity; the establishment, organization and functioning of the national regulatory authority in natural gas-ANRGN.
2. A declaration by the producer of goods to businesses and operating permit.
3. Regulations regarding the quality of erection, equipment, technological equipment and facilities.
4. special Fund for the reduction of the seismic risk, large explosions on the surface and underground, chemical accidents and severe damage to the pipes and lines in urban and industrial plants.
5. Measures for achieving the goal of investing "Central Nuclearoelectrica Npp 5 x 700 MW".
6. specific Measures for regulating the activity of military production.
7. Amendment of Ordinance No. 20/1992 concerning the work of metrology, approved and amended by law No. 11/1994.
8. The introduction to the budget of the Ministry of industry and trade of the expenditure for payment of contributions to the international organizations of metrology of which Romania is part as fully-fledged member.
9. The granting of facilities relating to the payment of consumption of energy, diesel and gas, to stimulate agricultural production.
10. Measures to encourage economic operators by improving the procedures relating to access to the location for new investment targets.
11. Rules concerning the removal from service of certain fixed assets physically or morally worn-out, unredeemed, belonging to businesses from construction.
H. Transport: 1. Amending and completing law No. 115/1996 on the establishment of a special Fund and the use of public roads.
2. Amendment of the law. 84/1992 on free zones.
3. Technical Investigation of accidents and incidents in civil aviation.
4. Regulating the transfer of equipment specific to the sector of the driveways, acquired from loans granted by international financial institutions, commercial companies set up by reorganizing the National Administration of roads in Romania.
5. Measures to ensure the provision of public transport services.
6. establishing rules for combined transport of goods.
7. Rules concerning the transport of dangerous goods by rail.
8. Rules concerning the carriage of dangerous goods.
9. Minimum requirements for vessels carrying dangerous or polluting goods, the entry or exit of ports.
10. Application of international standards for ship safety, pollution prevention and the conditions of life and work on board ship.
11. free Trips for personal service and railroads.
12. Measures to accelerate the process of harmonizing legislation on transportation in Romania with European legislation.
13. Approving the strategic development of the airport infrastructure from Bucharest-Otopeni international airport.
14. Amendment of the annex of the "technical description" to the law. 46/1993 ratifying loan agreement between Romania and the European Investment Bank signed in Brussels and Luxembourg on 10 May 1993, as a result of revaluation of road rehabilitation project.
I. scientific research and technological development: 1. Adopting the terms and conditions for the participation of Romania in Community programmes in the field of research, technology development and demonstrations and programs of research and training activities.
2. Procedural Rules relating to the protection of intellectual property.
3. supplementary protection certificate for medicinal products and plant protection products.
J. National Education: 1. Granting the use of agricultural areas for teachers in rural areas.
2. Establishment of the Centre management to fund higher education and scientific research.
K. Health: 1. Amending and completing law No. 98/94 laying down and punish contraventions of legal norms of hygiene and public health.
2. Rules relating to healthcare.
3. The amendment of the Government Ordinance. 22/1992 on the financing of health care, approved by law No. 114/1992.
4. The organization and functioning of establishments operating under the Ministry of health.
5. Regulation of the system of production, circulation and marketing of medicinal products.
L. protection of the environment and forests: 1. Trade arrangements and introducing restrictions on the use of halogenated hydrocarbons destroy ozone layer.
2. Measures concerning the accessibility of forest fund, by constructing forest roads, in the period 2000-2010, in counterpart with timber.
M.: obligativitatii registration fees Regulation-by the Ministry of youth and sports has a change of destination or abolishing certain sporting belonging to public or private domain of the State or administrative territorial units.
B. national minorities: 1. Amendment of Decree-Law No. 118/1990 concerning granting rights to persons persecuted for political reasons of dictatorship — established with effect from 6 March 1945, and those deported abroad times company formed in prisoners, with subsequent amendments.
2. The establishment, organization and functioning of the Institute for national minorities.
One of the problems in December 1989 revolutionaries. Extension of the time limit laid down in article 21. 3 paragraphs 1 and 2. 3 of the Government Emergency Ordinance nr. 79/1997 for the establishment of the Special Commission for verification of certificates issued on the basis of law No. 42/1990.
2. organizing and financing celebrating 10th anniversary of the anticommunist Romanian Revolution.
P. consumer protection: 1. Regulation of contracts negotiated in addition commercial.
2. The regulation of the marketing of tourism services.
3. Regulation of the production, circulation and marketing of food.
Q. Payroll: — Repeal annex. 11 in the law. 40/1991 regarding the remuneration of the President and the Government of Romania, as well as staff of the Presidency, Government and other bodies of executive power, republished, in order to attract specialists from public administration authorities for completion of activities.
R. Statistics:-amendment of Ordinance No. 9/1992 on the Organization of public statistics, for compliance with the laws of statistics offices in the countries of the European Union.
S. organizing professions:-Organization of the legal profession and Manager and liquidator.
T. Contraventions: — modification and completion of the law #. 32/68 on the establishment and sanctioning violations, with subsequent amendments and additions.


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution of Romania, pending the resumption of Parliament on the second regular session of 1999, the ordinances issued by the Government pursuant to art. 1 of this Act shall be submitted to the Chamber of Deputies and to the Senate for approval, according to the legislative procedure, failure to comply with the time limit for the termination of the effects thereof.
  

(2) Ordinances made by the Government pursuant to paragraph 1. (1) will be debated as a priority.
  



Article 3 in the areas referred to in this law unconstitutional, if it were adopted draft laws or legislative proposals by one of the Chambers of Parliament or have been compiled and submitted reports of standing committees dealing background, they will be considered by the Government to issue ordinances.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 1 July 1999, in compliance with the provisions of art. 74 para. (2) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN — — — — — — — — — — — — —