Advanced Search

Law No. 490 Of 11 July 2002 Approving Ordinance No. 65/2001 Regarding The Establishment And Operation Of Industrial Parks

Original Language Title:  LEGE nr. 490 din 11 iulie 2002 pentru aprobarea Ordonanţei Guvernului nr. 65/2001 privind constituirea şi funcţionarea parcurilor industriale

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 490 490 of 11 July 2002 for approval Government Ordinance no. 65/2001 on the establishment and operation of industrial parks
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 533 533 of 22 July 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 65 65 of 30 August 2001 on the establishment and operation of industrial parks, adopted pursuant to art. 1 1 section II.15 of Law no. 324/2001 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 536 of 1 September 2001, with the following amendments: 1. Article 1 shall read as follows: "" Art. 1. -(1) The present ordinance regulates the regime of formation and operation of industrial parks. (2) The industrial park represents a delimited area in which economic activities, scientific research, industrial production and services are carried out, to capitalize on scientific research and/or technological development, in a specific facilities, in order to harness the human and material potential of the area. ((3) The establishment of the industrial park is based on the joint venture, hereinafter referred to as association, between central and local public administration authorities, economic agents, research and development institutes and/or other partners interested. (4) The industrial park is managed by a company established in accordance with the provisions of Law no. 31/1990 on companies, republished, as amended, whose shareholders may be associations referred to in par. ((3). No economic operator using the utilities and/or infrastructure of the industrial park may have control over the management company, directly or indirectly. " 2. Article 2 shall read as follows: "" Art. 2. -The land related to the industrial park together with the buildings and infrastructure regarding the utilities existing at the time of establishment must cumulatively meet the following conditions: a) the land has access to a national or European road and is connected to the infrastructure of public utilities; b) the land has an area of at least 10 ha; c) the land is owned or in use, for at least 30 years, of the association applying for the title of industrial park; d) are free of any tasks; e) are not subject to pending litigation at the courts on the legal situation; f) meet the technical conditions for environmental protection. " 3. Article 3 shall read as follows: "" Art. 3. -The Ministry of Development and Forecasting is the specialized body of the central public administration that, in the field of industrial parks, has the following tasks: a) grant, by order of the Minister of Development and Forecast, the title of industrial park at the request of the association constituted according to the provisions of this ordinance b) elaborate the instructions on granting and cancelling the title of industrial park c) analyze the evolution and monitor the activity of industrial parks and support their development; d) collaborate with ministries, local public administration authorities, chambers of commerce and industry, non-governmental organizations aimed at supporting regional development, as well as with authorized experts, for elaboration and the application of the development policy of industrial parks; e) aims to comply with the conditions of establishment and operation of industrial parks and orders the cancellation of the title of industrial park in case of non-compliance; f) submits for approval to the Government draft normative acts on the development of industrial parks. " 4. Article 5 shall read as follows: "" Art. 5. -(1) The title of industrial park can be obtained by association, the Romanian legal person, established under the conditions of art. 1 1 para. ((3), and administered by a company defined in art. 1 1 para. ((4), hereinafter referred to as the company-administrator. (2) The title of industrial park is valid for the duration, in the perimeter and under the conditions established by the order of the Minister of Development and Forecast provided in art. 4 4 para. ((1). (3) The duration of operation of the industrial park will be granted at the request of the applicant, but not less than 15 years, with possibilities for extension. " 5. Article 6 shall read as follows: "" Art. 6. -In order to obtain the title of industrial park the association shall submit to the Ministry of Development and Forecast an application accompanied by the following documents a) proof of fulfilment of the conditions provided in 2 on land for industrial park, including buildings and infrastructure on existing utilities; b) the feasibility study for the realization of the industrial park, including the description of the infrastructure inside the park and the connecting systems to the utilities outside the park, necessary; c) the agreement of the local public administration authority on the implementation of the infrastructure related to the industrial park and the utility d) the list of economic agents initially proposed and the economic activities provided for in the area of the industrial park, in accordance with the provisions of art. 1 1 para. ((2). ' 6. Article 7 shall read as follows: "" Art. 7. -For the establishment and development of an industrial park the following facilities are granted a) exemption from the payment of fees charged for the modification of the destination or for the removal from the agricultural circuit of the land related to the industrial park, for the association that holds the title b) deduction from the taxable profit of a rate of 20% of the value of investments made in the industrial park, after the date of entry into force of the law approving this ordinance, for the association that carries out such investments in constructions or construction rehabilitations and in internal infrastructure and connection to the public utility network, taking into account the legal provisions in force regarding the classification and normal operating times of fixed assets. The deduction is calculated in the month in which the investment is carried out, according to the provisions Law no. 15/1994 on the depreciation of capital immobilized in tangible and intangible assets, republished, with subsequent amendments and completions, only from a fiscal point of view, by registering it to the deductible amounts provided in the declaration of taxation. If the tax loss is made, it shall be recovered from the taxable profits obtained over the next 5 years; c) deferral during the period of realization of the respective investment, until the commissioning of the industrial park, according to the regulations in force, respectively until the 25th of the month following the date of commissioning of the industrial park, the the payment of value added tax for the materials and equipment necessary for the realization of the utility system inside the park, as well as the connections of the park to the buses or to existing public utility networks, to the suppliers to them, and the deferral of the right to deduct the respective value added tax until the same date of the economic operators carrying out the d) tax reductions granted by the local public administration on the basis of decisions of the local or county councils in whose administrative-territorial area the respective industrial park is located, for the immovable property and the land transmitted in industrial park use; e) other facilities that may be granted, according to the law, by the local public administration. " 7. Article 9 shall read as follows: "" Art. 9. -(1) The company-administrator has the following obligations: a) to provide utilities and services necessary for the activities carried out in the industrial park; b) ensure and guarantee non-discriminatory the right of use on infrastructure and utilities, according to contracts concluded with their beneficiaries; c) to repair, maintain, modernize and develop, as the case may be, the infrastructure and utilities inside the industrial park; d) ensure access to the use of premises in the industrial park for common use; e) to ensure the administration of industrial park spaces and buildings; f) to manage the financial sources of their own and attracted, in accordance with the strategy of operation and development of the industrial park; g) to ensure the selection of requests for admission of new economic agents in the industrial park; the list of selected economic agents is submitted to the Ministry of Development and Forecasting; h) to attract investors for the development of productive activities and services; i) to develop the strategy of operation and development of the industrial park; j) to provide support for the development of domestic and international partnerships, consultancy for business, technological consultancy; k) to ensure cooperation relations with governmental authorities and local and central public administration authorities. (2) Other specific obligations of the company-administrator and economic operators are provided for in contracts concluded between them. " 8. Article 10 shall read as follows: "" Art. 10. -(1) The Minister of Development and Forecast may cancel by order the title of industrial park in the situation in which the activities provided in art. 1 1 para. (2) or the conditions for granting the title are no longer fulfilled. (2) Cancellation of the title provided in par. (1) is made if the association was notified in writing, 3 months before, by the Ministry of Development and Forecasting. (3) In the event of cancellation of the title of industrial park the association pays the value of the tax in force for the modification of the destination or for the agricultural land removal of the land related to the industrial park, for which the exemption was granted provided in art. 7 lit. a). " 9. Article 11 shall read as follows: "" Art. 11. -If an investment meets the conditions to benefit from the same facilities granted by several laws, the economic agent will have to opt explicitly for a regime of facilities provided for in a single law. " 10. Article 12 shall read as follows: "" Art. 12. -(1) By derogation from the provisions of art. 2, 4, 5 and 6 can be constituted by decisions of the Government of industrial parks on the grounds of existing industrial platforms. (2) Industrial parks specified in par. (1) benefit from the facilities provided for by this ordinance. " + Article 2 Government Ordinance no. 65/2001 , with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at its meeting on June 27, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of 27 June 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA ----------------