Law No. 125 Of 13 July 2000 On Empowering The Government To Issue Ordinances

Original Language Title:  LEGE nr. 125 din 13 iulie 2000 privind abilitarea Guvernului de a emite ordonanţe

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Law No. 125 of 13 July 2000 on empowering the Government to issue ordinances published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 331 of 17 July 2000, 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 the work of the Parliament in the second regular session of 2000, to issue decrees in the following areas: a. Romania's accession to the international conventions and the ratification of conventions, agreements and other international agreements, with the exception of treaties: 1. Ratification of the framework agreement on the institutional framework for the creation of interstate transportation systems for oil and gas , signed in Kiev on 22 July 1999.
2. Romania's accession to the International Convention relating to saving, done at London on 28 April 1989 (governs the saving of vessels);
3. Ratification of the Convention for the unification of certain rules relating to international carriage by air, done at Montreal on 28 May 1999;
4. Acceptance of the amendments to the annex to the International Convention on standards of training, certification/attestation and carrying out watchkeeping, adopted at London on 7 July 1978 (STCW 78), and code on the preparation, certification/attestation and carrying out watchkeeping (STCW Code), adopted in the final act of the Conference of the parties to this Convention, London, 7 July 1985;
5. Acceptance of amendments to the 1974 International Convention for the safety of life at sea, done at London on 1 November 1974;
6. implementation of Resolution 747 (18) on the application of tonnage measurement of segregated ballast tanks in oil tankers, adopted on 4 November 1993 by the Assembly of the International Maritime Organization;
7. Ratification of Romania financing contract and the European Investment Bank to eliminate the effects of flooding in Romania;
8. The adoption of the Protocol on water and health to the Convention on the protection and use of transborder water courses and international lakes, concluded at Helsinki on 17 March 1992, adopted in London on 17 June 1999;
9. Adoption of the final report's provisions TAKE regarding infrastructure needs for shipments from Romania;
10. Ratifying loan agreement between Romania and the funding of the project, intended for B.I.R.D. on the reform of the health sector;
11. Ratification of the loan agreement between Romania and the Development Bank of the Council of Europe, aimed at financing the project on social development;
12. The ratification of the loan agreement between Romania and the funding of the Project, intended for B.I.R.D. "trade and Transport Facilitation in Southeast Europe";
13. Ratifying loan agreement between Romania and the funding of the Project, intended for B.I.R.D. for supporting services to agriculture;
14. Amendment of Ordinance No. 120/1998 on ratification of the framework Convention in Romania of European cross-border cooperation of the territorial communities or authorities, approved and amended by law No. 78/1999;
15. The ratification of the memorandum of understanding between the Government of Romania financing and the European Union regarding the cross-border cooperation programme between Romania and Bulgaria-RO9911, signed at Bucharest on 30 December 1999;
16. The ratification of the memorandum of understanding between the Government of Romania financing and the European Union regarding the cross-border cooperation programme between Romania and Hungary-RO9912, signed at Bucharest on 30 December 1999;
17. The ratification of the memorandum of understanding between the Government of Romania financing and European Union relating to the facility of preparing the PHARE projects 2000/2001-RO9915, signed at Bucharest on 30 December 1999;
18. The ratification of the memorandum concerning the PHARE funding Facility for large infrastructure (LSIF-Large Scale Infrastructure Facility)-RO9909, signed at Bucharest on 30 December 1999;
19. Ratification of the memorandum of understanding concerning the PHARE funding recovery facility (Pre-Ins Facility)-RO9910, signed at Bucharest on 30 December 1999;
20. Ratification of the memorandum of understanding between the Government of Romania financing and the European Union, with regard to the programme for the reform of social protection and implementation of the acquis in the social field (CONSENSUS)-RO9914, signed at Bucharest on 30 December 1999;
21. The ratification of the memorandum of understanding between the Government of Romania financing and the European Union regarding participation in the fifth framework programme on research and technological development;
22. Approval of the Stand-by Arrangement extension, on 5 august 1999 F.M.I.;
23. Approval of membership in some international sports organizations and the payment of contributions;
24. Romania's Withdrawal from membership in a Member State of the Institute for nuclear research Dubna, Russian Federation-;
25. Amendment of law No. 7/1990 for Romania's accession to the Convention on the Organisation for European Telecommunications Satellite "EUTELSAT";
26. the amendment of the law. 8/90 for Romania's accession to the Convention on the International Maritime Organization telecommunications satellite "INMARSAT";
27. Modifying the Decree nr. 199/90 for Romania's accession to the agreement on the organisation of International Telecommunications Satellite "INTELSAT".
B. Budget, finance, banks, excise duties, taxes, fees and tariffs: 1. Exemption from paying income tax on the profits of the national company "Bucharest-Otopeni international airport"-S.A., to cover the costs of investment and advance to fund the investment objective of the work "development and modernization of the Bucharest-Otopeni international airport" and those for repayment of foreign and domestic loans contracted under the law with this destination;
2. To establish tariffs for the services provided in the emergency by the population of the Interior Ministry;
3. Modification and completion of the law #. 35/1994 on literary, cinematic timbre, musical, theatrical, folklore and the arts;
4. Amendment of Ordinance No. 22/1992 on the financing of health care, approved by law No. 114/1992;
5. Destination of sums overcharged in the form of charges for access to the national register of legal persons without patrimonial purpose;
6. Cancellation of outstanding obligations to the State social insurance budget and of economic agents from the mining sector, recorded in previous financial years;
7. Ensure the financing of actions related to the enforcement of land fund no. 18/1991, republished, and law No. 1/2000 for restoring ownership of agricultural land and forestry, required under the law of the Land Fund No. 18/1991, republished, and of law No. 169/1997;
8. Increase the authorized capital of Romania or Multilateral agency guarantee Investments (MIGA);
9. The adjustment of the State budget for the year 2000;
10. The adjustment of the State social insurance budget for the year 2000;
11. The reorganization of tax audit at large taxpayers;
12. Amendment of Ordinance No. 119/1999 concerning internal audit and financial control;
13. Approval of the integrated customs tariff English;
14. Amendment of Ordinance No. 82/1998 on the registration of payers of taxes and duties, approved by law No. 228/1998;
15. modification of the characteristics of certain securities issued on the basis of special laws;
16. Recovery of debts arising from payments made to the external finance Ministry as guarantor;
17. Modification and completion of the law #. 129/1998 on the establishment, organization and functioning of the Romanian Social Development Fund;
18. Measures for a normal activity of the Fund for guaranteeing deposits in the banking system;
19. Regulation of possession and circulation of precious metals in Romania;
20. The establishment of the SAPARD Agency for the implementation of the programme of technical and financial.
C. industry and trade: 1. Continuation of achieving the objective of nuclear Electric power plant investment 5x700 MW-2 Unit;
2. The placing on the market of products and services.
D. speed up economic reform and privatization process: 1. Measures for operators and electronic archive of late in Real Securities Collateral;
2. The modification and completion of the law nr. 133/1999 on stimulating private entrepreneurs for the creation and development of small and medium enterprises.
E. Agriculture and food: 1. Establishment of payment system for diesel, based on vouchers, in order to set up grain crops to finance their platforms and plowing in the fall of 2000;
2. the protection, improvement and sustainable use of the soil;
3. The amendment of the Government Ordinance. 56/2000 regulating the storage of cereals and oilseeds, certificates of deposit, as well as the establishment of the guarantee fund for certificates of deposit;
4. Protective measures against the introduction and spread of quarantine harmful organisms of plants or plant products in Romania;
5. To approve the first of 500 lei/kg of agricultural producers for wheat seed bakery and delivered from the 2000 harvest-internal consumption.
F. transportation: 1. The regime of navigation on the waterways from Romania;
2. Organization of the work of the search and rescue transport;
3. The amendment of the Government Ordinance. 43/1997 concerning roads, approved and amended by law No. 82/1998;

4. Amending and completing law No. 115/1996 on the creation and use of the special fund for public roads, republished, with subsequent amendments;
5. advise the Certification of road vehicles registered in the technical regulations concerning road safety, environmental protection and service as intended, through periodic technical inspection;
6. Approval of road vehicles and the issuance of their identity card, with a view to their acceptance in circulation on public roads from Romania;
7. Authorization to businesses that provide services of repair, adjustment and/or activity on reconstruction of road vehicles;
8. Certification and/or approval of equipment, spare parts and operating materials used in road vehicles;
9. The allocation of railway infrastructure capacity;
10. The amendment of the Government Ordinance. 19/1997 concerning transport, republished;
11. Measures to accelerate the process of harmonizing legislation on transportation in Romania with European Union legislation;
12. The amendment of the Government Ordinance. 45/1997 on the establishment of the Company "National Company Romanian TAROM air transport"-S.A., approved and amended by law No. 136/1998;
13. Measures to facilitate the exploitation of ports;
14. Amendment of Ordinance No. 95/1998 on the establishment of public institutions subordinated to the Ministry of transportation.
G. Defence, public order and national safety: 1. Completion of property between a company delimitarilor Nitramonia Fagaras-S.A. Autonomous and directed by "Army Arsenal"-Special plant Faarax;
2. The status and regime of refugees in Romania;
3. The amendment of the Government Ordinance. 65/1997 concerning the passport regime in Romania, approved and amended by law No. 216/1998;
4. Amendment of Ordinance No. 60/1997 on defense against fire, approved and amended by law No. 212/1997;
5. Regulation on conferring honorary Sign and the description of decoratiei in the service of the army;
6. The amendment of the annex. 1 the law nr. 138/1999 concerning remuneration and other rights of military personnel from public institutions of national defense, public order and the safety of the national team, as well as the granting of civil rights staff wage these institutions;
7. Modification and completion of the law #. 78/1995 on the protection of the personnel and heritage defence production sector;
8. Constitution and organizing military clergy.
H. public administration and planning:-Declaration of the city of New Delhi and the surrounding area as an objective of national interest.
I. education and education: 1. Regulations concerning the role of the social partners in education and training;
2. Regulation of admission in colleges and faculties;
3. Support by the State of private education;
4. Organization of the universities of education in foreign languages study of large circulation;
5. Providing incentives for vocational schools students;
6. master's studies Profiles in Romania;
7. Authorisation of establishments and educational institutions of the State to run off-budget resources through commercial banks, with prudential measures;
8. Extinguish the debt by offsetting some of the special education establishments;
9. Echivalari of the examination capacity for previous year 1999 promotions;
10. The organization of the international baccalaureate system in Romania.
J. Work and welfare: 1. Education and training of adults;
2. the Measures necessary for the use of staff within the Archaeological Researches;
3. the completion of art. 38 para. (3) in an Emergency Ordinance of Government No. 102/1999 concerning special protection and employment of persons with disabilities;
4. 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, republished, with subsequent amendments;
5. Rules relating to the organisation, functioning and financing of the national system of social assistance.
K. Culture: 1. change of Government Emergency Ordinance nr. 67/1997 on the establishment, organization and functioning of the national Office of cinematography and the national cinema Fund, republished;
2. the completion of the legal framework on copyright and related rights, through the adoption of measures to combat piracy in the fields of audio and video, as well as of computer programs, except in the case of offences and punishments.
L. public and private Domain of the State: 1. Amending and supplementing Ordinance No. 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. 98/1999;
2. Regulation of the process of decommissioning, disposal and use of tangible assets that make up the public domain of the State and administrative-territorial units.
M. Communications:-modification and completion of the Government's Emergency Ordinance No. 4/1996 concerning the licensing and operation of GSM and DCS 1800 networks and establishment licensing fees, republished.
N. Travel: 1. classification and regulation of the legal regime of zones and tourist resorts;
2. The amendment of the Government Ordinance. 8/1998 on the establishment of the special fund for the promotion and development of tourism, approved and amended by law No. 23/2000;
3. Amendment of Ordinance No. 107/1999 concerning the activity of marketing service packages;
4. Amendment of Ordinance No. 58/1998 on the Organization and conduct of the business of tourism in Romania.
O. Organization of professions: 1. The organisation and exercise of the profession of industrial property adviser;
2. Authorisation of forensic experts;
3. The organization and functioning of surveillance services non-custodial penalties and social reintegration.
P. Health: 1. Amending and completing law No. 146/1999 on the Organization, operation and financing of hospitals;
2. The granting of free medical care, medicines and prostheses for doctors and for staff in health units;
3. Modification of the Government's Emergency Ordinance No. 152/1999 concerning medicinal products for human use;
4. climatic spas, and spa services as well as health care and recovery, with the exception of aspects relating to the regulation of property regime;
5. Prevention and control of consumption of tobacco products;
6. Modification and completion of the law #. 98/94 laying down and punish contraventions of legal norms of hygiene and public health;
7. To supplement the revenue and expenditure of the special fund for public health for the year 2000.
Q. Payroll: 1. Amending and completing law No. 50/1996 concerning remuneration and other entitlements of the staff of law enforcement agencies, judicial authority, republished;
2. Determination of the Payroll Unit applicable to all civil servants;
3. The repeal of art. 2 (2). (3) in subparagraph (a). d) of Decree No. 247/1977 relating to the employment of military cadres in groups I, II or III.
R. consumer protection: 1. Conformity assessment of products in Romania;
2. legal Guarantees for the products marketed to consumers;
3. the liability of producers for damage arising from defective products;
4. Financing and advisory centres and consumer information;
5. Legal regime of distance contracts.
S. Minorities: 1. The establishment of the Institute for the study of the problems of national minorities;
2. The prevention of discrimination.
T. Sponsorship:-modification and completion of the law #. 32/1994 concerning sponsorship, with subsequent amendments.
U.s. Denominations:-regulations on some forms of support for the units of low income or no income within religious cults.
V. scientific research and technological development: 1. The status of personnel research and development activity;
2. Amendment of Ordinance No. 8/1997 on fostering scientific research, technological development and innovation, approved and amended by law No. 95/98, as amended;
3. Reinstatement of scientific merit Medal.
W. Statistics:-Amend Government Ordinance. 9/1992 on the Organization of public statistics, republished, with subsequent amendments.


Article 2 (1) In accordance with article 4. 114 para. (3) of the Constitution of Romania, pending the resumption of the work of Parliament in the second regular session of 2000 the ordinances issued by the Government pursuant to art. 1 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, according to para. (1) shall 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 29 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, MIRON TUDOR MITREA

This law was adopted by the Senate at its meeting on 29 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR--