Law No. 206 Of 31 December 1999 Relating To The Government's Empowerment Issue Ordinances

Original Language Title:  LEGE nr. 206 din 31 decembrie 1999 privind abilitarea Guvernului de a emite ordonanţe

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Law No. 206 of 31 December 1999 relating to the Government's empowerment issue decrees published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 654 of 31 December 1999 the Romanian Parliament adopts this law.


Article 1 pursuant to article 6. 114 para. (1) of the Constitution of Romania, the Government is empowered, as from the date of entry into force of this law until the resumption of Parliament on the first regular session of 2000, to issue decrees in the following areas: a. ratification of international agreements, as well as other international documents: 1. the ratification of the agreement between the Ministry of national education, National Agency for Science, technology and innovation and the United Nations for education Science and culture on the establishment of the International Centre of Biodynamic.
2. Ratification of Romania financing contract, the European Investment Bank and directed Transport Bucharest, worth 63 million euros to finance the project for the rehabilitation of urban transport in Bucharest.
3. Ratification of the loan agreement between Romania and the International Bank for reconstruction and development, worth 11 million dollars to finance the project on support for farming services.
4. Ratification of Romania financing contract, the European Investment Bank and directed by Autonomous "National Administration of roads in Romania" for financing construction and rehabilitation Project motorways, signed at Luxembourg on 16 November 1999 and in Bucharest on 19 November 1999.
5. Ratification of conventions adopted by the International Labour Organization (ILO), an integral part of the Convention No. 147/1976.
6. Ratification of Romania financing contract, the European Investment Bank and trading company "National Company Romanian TAROM air transport"-S.A. for the renewal of the fleet, TAROM.
7. Ratification of the loan agreement between Romania and the International Bank for reconstruction and development, intended for funding the project of closing mines and mitigating the social impact.
8. Ratification of the loan agreement between Romania and the European Community, worth up to 200 million euros.
9. To approve an agreement between the Governments of Romania and the Russian Federation on regulating mutual financial debt in transferable rubles, resulting from the agreement and the Protocol between the Government of the Socialist Republic of Romania and the Government of the Union of Soviet Socialist Republics on cooperation in the construction of gas industry of Ussr in 1984-1988, of 19 July 1984, and the liquidation account no. 2 in transferable rubles, signed in Moscow on 18 august 1999.
10. Approval of the regulation of mutual obligations of the Islamic Republic of Iran and Romania, resulting from the extinction of the balance of account-clearing the iranian currency and from the application of the clause on the basis of the intergovernmental agreement, iranian-of 14 May 1974, according to the minute signed in Tehran on 22 October 1999.
11. Agreement between the Government of Romania and the Government of the Federal Republic of Germany concerning financial cooperation between the two countries, signed on 17 December 1998.
12. Romania's accession to the Convention of 1990 on the preparation, response and cooperation (OPRC) in cases of oil pollution.
13. Romania's accession to the Convention of 1992 on civil liability for damage in the event of oil pollution.
14. Ratification of additional Protocols II and III to the agreement with regard to the Multinational Peace Force in South-Eastern Europe. 15. Ratification of the additional protocol to the agreement between the States parties of the North Atlantic Treaty and the other States participating in the partnership for peace regarding the status of their forces (P.f.P. SOFA).
16. Completion of the memorandum of understanding on economic cooperation between the Government of Romania and the Government of the Netherlands, signed at the Hague on 5 March 1998.
17. Modification of the agreement between the Government of Romania and the Government of the Swiss Confederation concerning the granting of financial assistance, signed at Bucharest on 26 November 1992.
18. Acceptance of the amendment to the Montreal Protocol regarding substances that Deplete the ozone layer, adopted at Copenhagen on 25 November 1992.
19. Ratification of the agreement concerning the multilateral basis for the development of international transport Corridor Europe-Caucasus-Asia, signed in Baku on 8 September 1998.
20. The carry-over of amounts from the budget allocated in 1999 for preparing Romania's participation at the World Exhibition EXPO 2000 "human-nature-technology" Hannover 2000, the budget for the year 2000.
B. finance, excise duties, taxes, fees and tariffs: 1. Amendment of the rules relating to the value added tax for the tax regime applicable to the discrepancy between the editing, printing and selling books and that applicable to the publishing, printing and sale of periodicals.
2. Regulation of leasing arrangements.
3. The amendment of the Government Emergency Ordinance nr. 92/1997 on boosting investment, approved and amended by law No. 241/1998.
4. Modification and completion of the Government's Emergency Ordinance No. 67/1999 on measures for the development of economic activity.
5. 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.
6. Reimbursement from the State budget to fund the loans incurred by the commercial Director of the Autonomous District "Apa-Canal", with German bank KFW to fund investment objective regarding upgrading, modernizing, expanding and developing water purification station for the city of Iaşi.
7. payment of obligations by the priority of the autonomous administrations and companies/national companies receiving foreign loans contracted directly or with the guarantee of the State.
8. Modification of 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.
9. modification and completion of the Emergency Ordinance of Government 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.
10. Amendment of Ordinance No. 66/1994 on creation and use of the resources developed through the State Treasury, approved by law No. 128/1994.
11. Amendment of Ordinance No. 70/1994 income tax, republished.
12. products subject to excise duty Regime.
13. Amendment of rules relating to value added tax.
14. financial and fiscal Control.
15. Revenue Administration and control to the taxpayers.
16. Allocation of profits to the corporations, national companies and companies with capital or a majority of the State and the autonomous administrations.
17. The amendment of the Government Ordinance. 128/1998 regulating the manner and conditions of use of the goods seized or entered legally, according to the law, the private property of the State, approved and amended by law No. 98/99.
18. Internal control at the level of public institutions.
19. The amendment of the Government's Emergency Ordinance No. 69/1998 concerning the authorisation of activities in the field of gambling, which was approved by law No. 166/1999.
20. Approval of external public indebtedness ceiling of Romania for the year 2000.
21. Modification and completion of the law #. 66/1996 on the reorganization of the Economy and society from Romania Consemnaţiuni banking stock, republished.
22. Financing of the budget destined for the healthcare activities and programmes in the field of public health, carried out by non-governmental organizations.
23. The amendment of the Government Ordinance. 22/1992 on the financing of health care, approved by law No. 114/1992.
24. establishing value added tax for agri-food products.
25. Approval of loan for agricultural services program, agreed by the Government and the World Bank.
26. The amendment of the Government Ordinance. 63/1994 concerning the updating of normative expenditures for public authorities and institutions, approved and amended by law No. 13/1995.
27. The imposition of fees for services provided by the Ministry of National Defense-General Staff.
28. the exemption from value added tax on imports of goods and services carried out in the year 2000, intended for inzestrarii Ministry of national defence, Ministry of the Interior and the Special Telecommunications Service.
29. the Temporary Exemption from customs duties and customs surcharge for some imported products intended for investment objectives.
30. accreditation insight to credit for administering funds for microcredit.
31. Exemption from customs duties, the customs taxes and surcharge for value added tax of certain quantities of natural gas coming from imports.
32. Completion of the law nr. 15/1994 concerning the depreciation of capital restrained in tangible and intangible fixed assets.
33. Some measures to stimulate investment in the area of the Apuseni Mountains and the Biosphere Reserve "Danube Delta".
34. Some measures on restructuring of banks line State owned c. industry and trade: 1. Regulations concerning dangerous chemical substances and mixtures.
2. The setting up, organisation and functioning of the national regulatory authority in natural gas sector (ANRGN).

3. The regulation of activities in the field of natural gas.
4. Settlement of the debt of the former Romanian oil Companies.
5. Repeal Ordinance No. 99/1999 concerning the certification of economic operators manufacturers of goods for sale and operating permit.
6. Measures for achieving the goal of investing "Nuclearoelectrica 5x700 MW power plant Npp"-unit 2.
7. Rules relating to detergents, products for maintenance and cleaning products.
8. Approval of special programmes for rehabilitation of mining areas and other disadvantaged areas with economic and social imbalances.
D. food and Agriculture: 1. Regulating the storage of cereals and oilseeds, certificate of deposit, as well as the establishment of the guarantee fund for certificates of deposit.
2. protection of national genetic Fund.
3. land Reparcelling.
4. The reorganization of Land Overhead Improvements in National Society "Wastelands"-S.A. 5. The regime of mountain areas.
6. Support for milk producers.
7. Organization and functioning of the agricultural Mutual Credit.
8. Inter-branch organizations agri-food products.
9. Modification and completion of the law on vine and wine No. 67/1997.
10. The establishment of the Agency for Agricultural Markets and rural development with a view to carrying out the SAPARD programme and to support agricultural producers.
11. Products and foodstuffs.
12. Support for young farmers.
E. transportation: 1. implementation of international standards for the safety of ships and pollution prevention, conditions of life and work on board ships using ports or sailing in Romanian waters.
2. The modification and completion of the law nr. 115/1996 on the establishment of a special Fund and the use of public roads.
3. establishing and sanctioning of certain offences in rail operations and underground.
F. company, 1900 and small and medium enterprises: 1. Amending and supplementing law No. 133/1999 on stimulating private entrepreneurs for the creation and development of small and medium enterprises.
2. Reorganization of the autonomous public corporations and airport company airports under the authority of County Councils.
3. Formation of organizational framework and allocation of financial resources in the event of the use of technical means equipping military units, at the request of the prefectures, to reduce and eradicate the effects of the special weather phenomena produced in some counties.
G. public works and regional planning: 1. Carrying out external credit approved and guaranteed by the Government for government programs regarding the paving of roads, water supply to villages, provision of social housing, and infrastructure development in rural localities.
2. thermal Rehabilitation of the existing fund built to save energy and thermal stimulation.
3. Regulation of the activity carried out by persons authorised to execute works of cadastre, Geodesy and cartography in Romania.
H. scientific research and technological development: 1. the completion of the Government Ordinance. 117/1999 adopting the terms and conditions for the participation of Romania in Community programmes in the field of research, technological development and demonstrations and programs of research and training activities.
2. Measures relating to the real estate Association's standards intended registered office from Romania — ASRO, the national standardization body.
I. industrial property:-the organisation and exercise of the profession of industrial property adviser.
J. Education: 1. To provide for measures to encourage the return of young specialists in the country.
2. Quality management in higher education.
3. The organization and functioning of the national system of training and improvement of personnel management, guidance and control.
K. Culture: 1. protection of the archaeological heritage and archaeological sites as specified areas of interest.
2. statement of the "Memorial-December 1989 Revolution" from Timişoara national interest as a whole.
3. Some measures to combat the production and sale of unauthorized use of the phonograms.
4. Improving the financing industry development programmes initiated by the Ministry of culture.
5. Improving the functioning of the specialized committees set up on the Ministry of Culture.
6. Measures concerning the construction, restoration, conservation and the value of monuments for public as well as supporting the realisation of workshops creative studios and art galleries.
7. The establishment of measures for the protection of historical monuments which are part of the World Heritage list.
8. Amendment of certain provisions of the Ordinance the Government urgently. 67/1997 on the establishment, organization and functioning of the national Office of cinematography and the national cinema Fund, approved and amended by law No. 22/1999.
9. Some measures on ensuring mobile cultural property exported temporarily.
L. Defense: 1. Transmission of assets owned by the Company "Nitramonia Fagaras-Jsc" heritage of the autonomous public corporation "Arsenal" Army-Special plant Fagaras.
2. The national system of crisis management.
3. The amendment of the Government Ordinance. 41/1999 concerning the Organization and functioning of the Ministry of national defense.
4. the rules governing transit through the territory of Romania by the esaloanele military foreign troops participating in KFOR.
M. Justice: 1. Organization of work of technical expertise and judicial settlement.
2. Organization of the work and functioning of the institutions of forensic medicine.
B. Foreign Affairs:-modification of the Emergency Ordinance of Government No. 158/1999 on the regime of exports and imports of strategic products.
A healthy: 1. Prevention and control of consumption of tobacco products.
2. Mandatory reporting of the disease and carrying out vaccination.
3. Measures of cooperation between the Ministry of health and the local public administration in the implementation of regulations in the field of public health.
4. Regulations on health care.
P. national minorities: 1. The establishment, organization and functioning of the Institute for national minorities.
2. Modification of enactments relating to the determination of rents for the premises of the political parties and organizations of citizens belonging to national minorities.
3. Modification of enactments relating to war veterans, and some rights of invalids and war widows.
Q. Payroll: 1. Amending and completing some legislative acts concerning pay and other rights of military personnel from public institutions of national defense, public order and national safety.
2. Completion of some legal provisions laying down the system of basic salaries in budgetary sector and allowances for people who occupy positions of public dignitaries.
R. social development:-the amendment of law No. 129/1998 on the establishment, organization and functioning of the Romanian Social Development Fund.
S. real estate agencies, associations and foundations: 1. Organization and operation of real estate agencies.
2. Regulations concerning associations and foundations.
T. monetary policy:-regulation of legal interest.
The U.S. consumer protection:-Government Ordinance Amendment 21/1992 on consumer protection, republished.


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution of Romania, pending the resumption of Parliament on the first regular session of 2000, 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 that have been prepared and filed 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 at its meeting on 22 December 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU, this law was adopted by the Senate at its meeting on December 28, 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T — — — — — — — —