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Law No. 158 Of 20 October 1999 On The Establishment And Functioning Of The National Council For The Environment And Sustainable Development

Original Language Title:  LEGE nr. 158 din 20 octombrie 1999 privind constituirea şi funcţionarea Consiliului Naţional pentru Mediu şi Dezvoltare Durabilă

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LEGE no. 158 158 of 20 October 1999 on the establishment and functioning of the National Council for Environment and Sustainable Development
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 513 513 of 22 October 1999



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The National Council for Environment and Sustainable Development, autonomous body of public interest, with legal personality, having its headquarters in Bucharest, shall be established. (2) The main purpose and function of the National Council for Environment and Sustainable Development, hereinafter referred to as the National Council, are to provide an organized institutional framework for consultation and dialogue between representatives of public authorities of the State and of civil society, on fundamental issues concerning current and forward-looking policies, programmes and action plans for the implementation of the objectives of sustainable development in the economic and social sectors, national and local level. + Article 2 In its work the National Council will consider the implementation of the objectives and recommendations of Agenda 21, adopted by the United Nations Environment and Development Conference in Rio de Janeiro in 1992, in accordance with the decisions and resolutions of the United Nations General Assembly on the implementation of Agenda 21. + Chapter 2 National Council composition + Article 3 (1) The national council is composed of representatives of: a) ministries and other bodies of the central specialized public administration, with powers in the elaboration and implementation of the National Strategy for Environment and Sustainable Development; b) academic forums; c) the Economic and Social Council; d) Association of Banks in Romania; e) associations and organizations, as well as scientific personalities, whose activity profile is related to the objectives of the National Council. (2) The appointment of representatives shall be made by the heads of public authorities and academic forums, based on the provisions of the Regulation on organization and functioning of the National Council. + Article 4 Membership in the National Council is obtained on a voluntary basis by letter of accession. + Article 5 The national council is organized and operates according to the provisions of this law, as well as its regulation of organization and functioning. + Chapter 3 National Council tasks + Article 6 (1) The main tasks of the National Council are: a) act to implement the objectives of sustainable development of the country in all economic and social sectors, by achieving a social consensus between civil society and public authorities, based on dialogue, transparency and accountability in the process of drafting and implementing decisions on policy and the strategy of economic and social development; b) contribute to the promotion of recommendations and achievement of the objectives of the National Agenda 21 for Sustainable Development; supports local public administration authorities in order to develop and apply local agendas 21; c) contribute to strengthening the institutional framework to facilitate the participation of non-governmental sectors and representatives of civil society in the elaboration of decisions on the economic and social development strategy of the country; d) act as a tool of European and global cooperation and integration, by developing and deepening links with similar institutions. (2) The national council will perform other tasks provided for in normative acts. (3) The national council may be entitled to similar international organisations. + Article 7 (1) In carrying out the duties provided in art. 6 National Council: a) analyze the objectives and recommendations of Agenda 21 and, on this basis, make proposals and recommendations for their implementation in sectoral strategies, policies, programs and plans, as well as in the National Strategy and in the Plan national actions for the environment and sustainable development, according to the requirements of the national interest and in line with the policies, strategies, programmes and action plans for environment and sustainable development implemented at regional, European level and worldwide; b) make regular analysis of the objectives of the National Strategy and the National Action Plan for Environment and Sustainable Development and, on this basis, make proposals and recommendations for their integration into the strategies, programs and plans of sectoral and local actions; c) requests and debates reports on the state of the environment and various social-economic sectors, elaborated according to the law, and, on this basis, makes proposals and recommendations to stimulate the concerted action of public authorities and society Civil towards achieving the objectives of sustainable development at local and national level. (2) The reports provided in par. ((1) lit. c) is elaborated by ministries and other institutions and governmental organizations, which have responsibilities and powers of coordination of various sectors of activity and compete in the achievement of the objectives of sustainable development of the country. (3) The national council has the right to request from any legal person publicly or privately the data and information necessary for the performance of its duties, and these persons have the obligation to transmit them, in compliance with the legal norms in force. (4) Keeping and using the data and information submitted to the National Council, according to the provisions of ((2) and (3), shall be made in compliance with the degree of confidentiality specified by the issuer. + Chapter 4 Organization, operation and leadership of the National + Article 8 (. The National Council shall operate within: a) ordinary and extraordinary conferences; b) meetings of the working sections; c) working group sessions. (2) Ordinary conferences shall be held every 2 years. Extraordinary conferences are organized whenever necessary. (. The reunions of the working sections shall take place at least once a year. (4) The working groups shall carry out their work according to the programme established by the conferences of the National Council and/or by the working sections. (5) The procedure for convening, organizing and conducting ordinary and extraordinary conferences, meetings of working sections and working group sessions as well as their analysis powers shall be established by the Rules of Procedure. organization and functioning of the National Council. (6) In carrying out the duties and powers they have under the provisions of this Law and the provisions of the Regulation on organization and functioning of the National Council a) the conferences of the National Council adopt decisions and resolutions of a recommendation, to the attention of public authorities and civil society; b) the meetings of the working sections develop recommendations that they submit to the debate in the conferences of the National Council; c) the working groups shall develop and adopt recommendations which they submit to the discussion of the meetings of the working sections. + Article 9 (1) In the interval between the ordinary conferences, the coordination of the activity of the National Council shall be ensured by the Executive Committee, which shall be constituted according to the provisions of the Regulation on organization and functioning (. The Executive Board shall elect a Chairperson, 2 Vice-Presidents and a Rapporteur. (. The working sections of the National Council shall be established by its rules of organisation and operation. (. The Vice-Presidents of the Executive Board shall coordinate the work of the working sections of the (5) The tasks of the Executive Board and the Secretariat shall be established by the Rules of Organization and Functioning of the National Council. + Article 10 (. The national council shall have its own budget, which shall be the following sources: a) appropriations allocated from the state budget through the annual budgetary laws; b) contributions, contributions and donations of institutions and non-governmental organizations represented in the National Council; c) donations and contributions of other natural and legal persons, including from international organizations. (2) The Ministry of Finance shall develop, within 30 days from the date of entry into force of this Law, methodological norms for the bookkeeping of the extra-budgetary funds. (3) From the state budget, according to the provisions of par. ((1) lit. a), funds are allocated for the following categories of expenditure: a) maintenance and operation expenses and capital expenditures, which will be determined annually; b) allowances for the President, Vice-Presidents and Rapporteur of the Executive Committee. + Article 11 (. For the work of the President, the Vice-Presidents and the rapporteur of the Executive Committee shall receive a monthly allowance The amount of the allowance shall be determined by the Regulation on the organization and functioning of the (2) Of the funds established within the budget of the National Council, from the sources provided for in art. 10 10 para. ((1) lit. b) and c), the necessary amounts may be allocated to the following categories of expenditure: a) full coverage of the expenses provided in art. 10 10 para. ((3), if the funds allocated for this purpose by budget appropriations are not sufficient; b) allowances for officials and members of working groups, for the period worked in the service of the National Council; c) other expenses of the National Council, for the proper organization and functioning of its activity. + Chapter 5 Transitional and final provisions + Article 12 (1) Within 30 days from the date of entry into force of this Law, a preparatory commission of the first ordinary conference of the National Council shall be constituted. (2) The preparatory commission will be composed of 15 officially designated persons from the authorities, associations and organizations provided for in art. 3 3 para. ((1). The coordinator of the commission will be elected at his first meeting, after a procedure established by the central authority for environmental protection. ((. The preparatory Commission shall have the following tasks: a) make the official steps necessary to establish the National Council, according to the provisions of art 3 3 and 4; b) make the official registration of institutions, associations and organizations in the National Council; c) elaborates the draft Regulation on organization and functioning of the National Council d) organize and convene the first ordinary conference of the National Council. (. The preparatory Commission shall cease its activity after the first conference of the National Council, which shall be convened within 90 days from the date of entry into force of this Law. + Article 13 (1) The Rules of Organization and Functioning of the National Council shall be debated and adopted by the Conference of the National Council at its first meeting. (2) The Regulation on the organization and functioning of the National Council, the composition of the National Council, the Executive Committee, as well as the resolutions and the documents of character of recommendation, adopted within the National Council, shall be released. + Article 14 The Government will take the necessary steps to assign an appropriate space for the seat of the National Council. This law was adopted by the Senate at its meeting of 20 September 1999, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of September 21, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, ACSINTE GASPAR --------------