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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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LEGE no. 140 140 of 22 July 1999 on the empowerment of the Government to issue ordinances
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 346 346 of 22 July 1999



The Romanian Parliament adopts this law + Article 1 Pursuant to art. 114 114 para. (1) of the Romanian Constitution The Government is empowered as from the date of entry into force of this Law until the resumption of the Parliament's work in the second ordinary session of 1999 to issue ordinances in the following areas: A. Ratification of international agreements on defence cooperation and peacekeeping: 1. Ratification of the Agreement on the Multinational Peace Force in Southeast Europe, signed in Skopje on 26 September 1998, and the Additional Protocol to the Multi-Multinational Peace Force Agreement in Southeast Europe, signed in Athens on 17 January 1999. 2. Ratification of the Agreement between the Government of Romania and the Government of the French Republic on Defence Cooperation, signed in Bucharest on 24 October 1998. B. Approval of transit of foreign troops participating in the KFOR mission, on the territory of Romania, until the resumption of the parliamentary session. C. Accession of Romania to various conventions and ratification of conventions and treaties, as well as other international documents: 1. Romania's accession to the Convention on the Facilitation of International Maritime Traffic (FAL), signed in London on 9 April 1965. 2. Romania's accession to the Convention on minimum standards on board commercial ships no. 147/1976, adopted by the International Labour Organization. 3. Ratification of Annex no. XI, on special measures to increase maritime safety, at the International Convention for the Protection of Human Life at Sea (SOLAS). 4. Romania's participation in the proceedings before the European Court of Human Rights and the Committee of Ministers of the Council of Europe and the regression of the state following decisions and conventions of amicable resolution, following the ratification of to Romania the Convention for the Protection of Human Rights and Fundamental Freedoms. 5. Romania's participation in the European Permanent Conference on Probation. 6. Ratification of the Treaty between Romania and the United States of America on Legal Assistance in Criminal Matters, signed in Washington on 26 May 1999. 7. Ratification of the Treaty between Romania and the Republic of Poland on Legal Assistance and Civil Legal Relations, signed in Bucharest on 15 May 1999. 8. Accession of Romania to the Convention on the Suppression of the Requirement Of Legalization of Foreign Public Acts, adopted in The Hague on October 5 9. Ratification of the European Convention on the Unpredictability of Crimes Against Humanity and War Crimes, adopted on November 26, 1968 at the O.N.U. 10. Ratification of the European Convention on the International Recognition of Repressive Decisions. 11. Ratification of the European Convention on the Transfer of Procedures in Criminal Matters. 12. Ratification of the Criminal Convention on Corruption. 13. Ratification of the Additional Protocol to the Convention on the Transfer of Sentenced Persons. 14 14. Facilitating the application of international conventions on transfer of convicted persons, to which Romania is a party, regarding the surrender-takeover of convicts. 15. Approval of Romania's participation in the Group of States against Corruption (GRECO), authorized to be constituted by the Resolution of the Committee of Ministers of the Council of Europe 98/7 98/7 of 5 May 1998. 16. Ratification of the European Charter of Regional and Minority Languages. 17. The ratification of the Addenda to the PHARE funding memoranda on the Program to combat the effects of floods caused by floods, signed in Bucharest on December 24, 1998. 18. Ratification of the PHARE Financing Memorandum on Recovery Facility (Pre-Ins Facility) 1998, signed in Bucharest on December 24, 1998. 19. Ratification of the PHARE Financing Memorandum on the Facility for Large Infrastructure for the Year 1998. 20. Ratification of the PHARE Financing Memorandum on the Business Restructuring Program and the Professional Conversion (RICOP) 1999. 21. Ratification of the loan agreement between Romania and FIDA, intended for the financing of the Project on rural development of the Apuseni Mountains. 22. Ratification of the non-reimbursable financial assistance agreement between Romania and B.I.R.D., intended for the financing of the project on biodiversity conservation management. 23. Change Government Ordinance no. 35/1994 on the ratification of the Loan Agreement between Romania and B.E.R.D., for the financing of the Bucharest Gros Market Project. 24. The ratification of the loan agreement between Romania, B.E.I. and the Autonomous Regia "Metrorex", intended for the financing of the Project for the modernization of the metro in Bucharest-third tranche. 25. Ratification of the loan agreement between Romania and B.I.R.D., for the financing of the Project for the closure of mines and for the mitigation of social impact; ratification of the Letter of Agreement between Romania, represented by the Ministry of Finance, and International Bank for Reconstruction and Development on granting an advance in the amount of $500,000 U.S. from the upcoming loan to fund the Mine Closing Project and mitigate social impact. 26. Ratification of the stand-by arrangement with F.M.I. 27. Ratification of the PSAL loan agreement (structural adjustment loan of the private sector) between Romania and B.I.R.D. 28. Ratification of the GDPL loan agreement (loan for institutional development of the private sector) between Romania and B.I.R.D. 29. The ratification of the loan agreement between Romania, B.E.I. and the Autonomous Transport Regia Timisoara, intended for the financing of the Project on the modernization of the infrastructure to the public transport network by tram in Timisoara. 30. Ratification of the loan agreement between Romania, B.E.I. and the Autonomous Regia of Termofication Cluj-Napoca, intended for the financing of the Project for the rehabilitation of the district heating system in Cluj-Napoca. 31. Ratification of the Trade Agreement between the Government of Romania and the Government of the United Mexican States, signed in Ciudad de Mexico on 3 September 1998. 32. Ratification of the loan agreement between Romania and FDSCE, intended to finance the Project on the expansion of the Gura Ocnitei hospital. D. Finance, accounting, taxes, excise duties, taxes, tariffs and fines of an administrative nature: 1. Update, depending on the inflation rate, of taxes established in fixed amounts, for consular services rendered in favor of individuals and legal entities. 2. Establishment of a special fund for the completion of consolidation works at the Palace of Justice by taking a 30% share of judicial fees. 3. Financing the activity of the General Directorate of Prisons under the Ministry of Justice 4. Regulation of the destination of the amounts collected from the administrative fines imposed by prosecutors. 5. Exemption from the payment of customs duties of the import of materials, equipment and sports installations of the national sports federations and the Romanian Olympic Committee. 6. Modification and completion Government Ordinance no. 23/1998 on financing and from sources other than the state budget of specific state reserve management activities, approved and amended by Law no. 239/1998 . 7. Allocation from the state budget of the necessary funds to cover the expenses of reception, storage and storage of wheat from the harvest of 1999. 8. Measures to ensure the financing of actions related to application Law of Land Fund no. 18/1991 , republished. 9. Modification and completion of Government Emergency Ordinance no. 82/1997 82/1997 on the regime of excise duties and other indirect taxes and Government Ordinance no. 3/1992 on value added tax; reduction of value added tax for refined sugar, canned vegetables and fruits, potatoes for seed and consumption from domestic production, as well as for other agri-food products; unification of the tax regime applicable to books and publications of culture. 10. Change Law of postal services no. 83/1996 , for the purpose of non-tariff of postal items of museums and libraries. 11. Modification and completion of Government Ordinance no. 9/1996 9/1996 regarding the improvement of the financing system of public cultural institutions financed by extra-budgetary income and allowances from the state budget or from the local budgets, the salary system of the staff in these institutions, as well as improving the salary of staff in cultural institutions and activities. 12. Financing of state pre-university education units; establishment of the special fund to support state education. 13. Regulations on income imposition; imposition on global income. 14. Establishing the list of products subject to the exemption from customs duties; facilitating and encouraging the information technology sector to solve the problem of the year 2000. 15. Exemption of T.V.A. of military technical products that are purchased for the endowment of the Ministry of National Defence, from domestic production. 16. Modification of Government Emergency Ordinance no. 66/1997 on the exemption from payment of taxes on salaries and/or on income made by foreign consultants for activities carried out in Romania under loan agreements. 17. Rectifying the state budget for 1999. 18. rectification of the state social insurance budget for 1999. 19. Modification and completion Government Emergency Ordinance no. 63/1999 on the management of non-reimbursable funds allocated to Romania by the European Community and their co-financing funds. 20. Internal financial control of public institutions and the use of public funds. 21 21. Regulations on public procurement. 22. Change Government Ordinance no. 66/1994 on the formation and use of resources carried out through the State Treasury approved by Law no. 128/1994 . 23. Regulations on financial and fiscal control. 24. Regulations on revenue administration and control of large taxpayers. 25. Regulations on defending the state's financial interests and combating fraud. 26. Regulations on financial control and internal audit. 27. Regulations on public finances. 28. Regulations on the protection of personal data. 29. Measures on the line of restructuring some banks with state capital. E. National Defence: 1. Organization and functioning of the Ministry of National Defence 2. Empowering the Ministry of National Defence to hire and execute service supplies. 3. Separate Section no. 5 explosives mining company NITRAMONIA-S.A. Fagaras, in order to include it in the defense production sector. 4. Modification and completion Decree no. 247/1977 on the framing of permanent military personnel in groups I, II or III of work. F. Agriculture: 1. Modification and completion Government Emergency Ordinance no. 54/1999 on the provision of facilities to suppliers of chemical and phytosanitary fertilisers. 2. Organization and functioning of rural cooperation. 3. Organization and functioning of the agri-food market in Romania and of interprofessional organizations on products. 4. Agricultural Credit. 5. Agricultural mutual credit. 6. Measures to increase and improve animal breeds. 7. Organization and operation of water users ' associations. 8. Establishment of the State Domains Agency and the Agriculture Development Fund. 9. Modification and completion of Government Ordinance no. 36/1999 36/1999 on the support provided by the state to agricultural producers for the purchase of tractors, combines, agricultural machinery and machinery, as well as installations for irrigation from domestic production. 10. Regulations on certificates of deposit. 11. Modification and completion Law no. 165/1998 on the establishment, at the disposal of the Ministry of Agriculture and Food, of the fund for the financing of expenditure related to agricultural works in the plant and livestock sector during the period 1998-2000. 12. Protective measures for the personnel of the budgetary and extrabudting units under or the coordination of the Ministry of Agriculture and Food, whose individual employment contract will be opened as a result of collective redundancies determined by the restructuring of these units G. Industrie: 1. Regulations on activity in the natural gas sector; establishment, organization and functioning of the National Regulatory Authority for Natural Gas-ANRGN. 2. Atesting of economic agents producers of goods and granting of the operating permit. 3. Regulations on the quality of assembly works, machinery, equipment and technological installations. 4. Establishment of the Special Fund to reduce seismic risk, large explosions on the surface and underground, chemical accidents and serious damage to bus and urban pipelines to industrial equipment and installations. 5. Measures to achieve the investment objective "Nuclear Power Plant Cernavoda 5 x 700 MW". 6. Measures to regulate the activity specific to military production. 7. Change Government Ordinance no. 20/1992 on metrology activity, approved and amended by Law no. 11/1994 . 8. Introduction to the budget of the Ministry of Industry and Trade of expenses for the payment of contributions to international metrology organizations from which Romania is a member with full rights. 9. Granting of facilities regarding the payment of energy consumption, diesel and gas, in order to stimulate agricultural production. 10. Measures to stimulate economic agents, by improving procedures on access to the location of new investment objectives. 11. Regulations on the removal from operation of fixed assets physically or morally used, unamortized, belonging to economic agents in construction. H. Transport: 1. Modification and completion Law no. 118/1996 on the establishment and use of the Special Public Road Fund. 2. Change Law no. 84/1992 on the free zones regime. 3. Technical investigation of accidents and incidents in civil aviation. 4. Regulation of the transfer of certain equipment specific to the road sector, purchased from loans granted by international financial institutions to companies established by the reorganization of the National Administration of Roads in Romania. 5. Measures to guarantee the provision of public transport services. 6. Setting the rules for the combined transport of goods. 7. Rules on the transport of dangerous goods by rail. 8. Rules on the road transport of dangerous goods. 9. Minimum requirements for ships carrying dangerous or polluting goods at the entrance or exit of ports. 10. Application of international ship safety standards, pollution prevention and living and working conditions on board the ship. 11. Free travel for work and for personal interest on the Romanian railways. 12. Measures to accelerate the process of harmonization of transport legislation in Romania with European legislation. 13. Approval of the Strategic Program for the development of airport infrastructure at Bucharest-Otopeni International Airport. 14. Modification of Annex A "Technical description" to Law no. 46/1993 for the ratification of the Loan Agreement between Romania and the European Investment Bank, signed in Luxembourg and Brussels on 10 May 1993, following the reassessment of the road rehabilitation project. I. Scientific research and technological development: 1. Adoption of the terms and conditions of participation of Romania in the European Community programmes in the field of research, technology and demonstration development and in the research programs and training activities. 2. procedural regulations on the protection of intellectual property. 3. Granting the complementary protection certificate for drugs and phytopharmaceuticals. J. National Education: 1. Granting in use of agricultural areas for teachers in rural areas. 2. Establishment of the Management Centre for the funding of higher education and university scientific research. K. Health: 1. Modification and completion Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal norms of hygiene and public health. 2. Regulations on health care. 3. Modification and completion Government Ordinance no. 22/1992 on the financing of health protection, approved by Law no. 114/1992 . 4. Organization and operation of health facilities under the Ministry of Health. 5. Regulation of the regime for the production, circulation and marketing of medicinal products. L. Environmental and forest protection: 1. Commercial regime and introduction of restrictions on the use of halogenated hydrocarbons that destroy the ozone layer. 2. Measures regarding the accessibility of the forest fund, through the construction of forest roads, in the period 2000-2010, in counterparty with wood mass. M. Sport: -Regulation of mandatory approval by the Ministry of Youth and Sports of the change of destination or the abolition of sports facilities belonging to the public or private domain of the state or administrative-territorial units. N. National minorities: 1. Change Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons by the established dictatorship with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, as amended. 2. Establishment, organization and functioning of the Institute for National Minorities. O. Problems of the revolutionaries of December 1989: 1. Extension of the term provided for art. 3 3 para. 3 of Government Emergency Ordinance no. 79/1997 for the establishment of the Special Commission for the verification of certificates issued Law no. 42/1990 . 2. Organization and financing of the 10th anniversary of the Romanian anti-communist revolution. P. Consumer protection: 1. Regulation of negotiated contracts outside commercial premises. 2. Regulating the marketing of tourist service packages. 3. Regulation of food production, circulation and marketing. Q. Payroll: -Repeal of Annex no. 11 11 to Law no. 40/1991 on the remuneration of the President and the Government of Romania, as well as of the staff of the Presidency, Government and other bodies of executive power, republished, for the purpose of attracting specialists by the public administration authorities to carry out determined activities. A. Statistics: -Modification and completion Government Ordinance no. 9/1992 on the organization of public statistics, in order to align with the legislation of the statistical offices of the European Union S. Organization of some professions: -Organization of the profession of judicial administrator and liquidator. T. Contraventions: -Modification and completion Law no. 32/1968 on the establishment and sanctioning of contraventions, with subsequent amendments and completions. + 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 second ordinary session of 1999, the ordinances issued by the Government pursuant to art. 1 of this law will be submitted to the Chamber of Deputies and to the Senate for approval, according to the legislative procedure, non-compliance with the term drawing (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, they will be considered by the Government when issuing the ordinances. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of July 1, 1999, in compliance with the provisions of art 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN -------------