Advanced Search

Law No. 504 Of 11 July 2002 Broadcasting Law

Original Language Title:  LEGE nr. 504 din 11 iulie 2002 Legea audiovizualului

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 504 504 of 11 July 2002 (* updated *) Audiovisual law ((updated on 27 July 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 For the purposes of this law, the following terms and expressions have the following meanings: 1. audiovisual media service-the service under the editorial responsibility of a media service provider, whose main objective is the provision of programs for information, entertainment or educational purposes for the general public, through networks Electronic communications. Such an audiovisual media service is either a television broadcasting/broadcasting service as defined in point (a). 2 2, either an on-demand audiovisual media service as defined in point (a). 3, and/or a media service which constitutes an audiovisual commercial communication as defined in point (a). 15 15; --------------- Section 1 of the art. 1 1 has been amended by section 1 1 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 2. service of television programs/broadcasting-linear audiovisual media service provided by a broadcaster, in which the programs are broadcast in continuous succession, regardless of the technical modality used, having a content and a timetable predetermined, for the simultaneous viewing/hearing of programs, on the basis of a program grid, under a given name and identified by a logo, in the case of television, or by a sound signal, in the case of broadcasting; 3. audiovisual media service on request-a non-linear audiovisual media service, in which the viewing of programs is made at the individual request of the user and at the time chosen by him, provided by a media service provider based on a catalog of selected programs and made available by the media service provider; 4. program-assembly of moving images, with or without sound, that constitute an entire identifiable by title, content, form or author, within a grid or a catalogue made by a provider of audiovisual media services, having the form and the content of the television services or being comparable in their form and content; 5. generalist service of television or broadcasting-service that broadcasts cumulatively and in balanced proportions audiovisual programs with informative, educational and entertainment content, in the main areas of interest and addressing the majority of 5 5 ^ 1. public television and broadcasting services-television program services offered by the Romanian Television Society and broadcasting program services offered by the Romanian Radio Broadcasting Company; --------------- Pct. 5 ^ 1 al art. 1 1 has been introduced by section 2 2 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 5 5 ^ 1. 6. Community television or broadcasting service-a service broadcasting audiovisual programmes dedicated to a public belonging to a specific community; 7. thematic service of television or broadcasting-a service that broadcasts audiovisual programs dedicated mainly to a certain field and aimed at a segment of the public; 8. teletext service-the totality of the information made available to the public in the form of text, encoded inside the image signal, which can be accessed using a standard TV receiver decoder at the moment, for duration and for the chosen content 9. videotext service-the totality of messages made available to the public in the form of text or graphic signs, within a grid or catalogue, made by a provider of audiovisual media services, having the form and content of the services of television or being comparable in form and content to them; --------------- Section 9 of the art. 1 1 has been amended by section 3 3 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 10. retransmission-simultaneous capture and transmission of linear audiovisual media services, provided by broadcasters and intended for reception by the public, by any technical means, in their entirety and without any modification of the content; 11. editorial responsibility-the exercise of effective control over the selection of programs and their organization, either in a chronological grid, in the case of television broadcasts, or in a catalogue, in the case of media services audiovisual on request. For the purposes of the provisions of this law, editorial responsibility does not, by itself and necessarily, imply another type of legal liability for the content of the services provided; 12. media service provider-natural or legal person having editorial responsibility for the choice of audiovisual content of the audiovisual media service and which establishes its organization; 13. broadcaster-provider of audiovisual media services in the field of television and/or broadcasting programs services; 14. service distributor-any person who constitutes and makes available to the public an offer of programs services by retransmission, on the basis of contractual relations with broadcasters or with other distributors; 15 15. audiovisual commercial communication-sound messages or in images, with or without sound, which are intended to promote, directly or indirectly, the goods, services or image of a natural or legal person who carries out an economic activity. Those messages shall accompany or be included in a programme in exchange for a payment or consideration or for the purposes of self-promotion. Forms of audiovisual commercial communications include television and television advertising, sponsorship, teleshopping, product placement and other forms of advertising; 16. audiovisual communication with masked commercial content-representation by words or images of goods, services, name, brand or activities of a manufacturer of goods or service provider within the programs, if a such representation is intended by the audiovisual media service provider for undeclared advertising purposes and may mislead the public about its nature. Such representations shall be deemed to be intentional in particular where they are made in exchange for a payment or consideration; 17. television advertising-any form of message broadcast either in exchange for a payment or a consideration or broadcast for self-promotion purposes, by a public or private legal person or by a natural person, in connection with a commercial activity, branch of activity, profession or profession, to promote the supply of goods and services, including real estate, rights and obligations; --------------- Section 17 of the art. 1 1 has been amended by section 3 3 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 18. subliminal advertising-any advertising that uses too weak stimuli to be consciously perceived, but which can influence the economic behavior of the public; 19. sponsorship-any contribution of a public or private legal person or of a natural person not engaged in activities of providing audiovisual media services or in the realization of audiovisual works, to the financing of media programs audiovisual in order to promote its name, brand, image, activity or products; 20. teleshopping-direct offer to the public for the supply of goods or services, including real estate, rights and obligations, in exchange for a payment; 21. product placement-any form of audiovisual commercial communication consisting in the inclusion of a product, service or their brands or in reference to them, by inserting within a program, in exchange for a payment or consideration; 22. telepromotion-the form of advertising carried out by inserting into programs dedicated sequences to promote, by the presenters of the programs, one or more products or services, the sequences being separated from the other parts of the program by optical and/or acoustic means; 23. interactive advertising-television advertising broadcast technique that allows the viewer to opt for access to advertising via a non-linear audiovisual media service, at the time, during and at the content the advertising chosen by him; 24. advertising by shared screen-the technique of broadcasting television advertising, including self-promotion, or the elements of identification of the sponsor, which consists in the simultaneous television broadcast of editorial content and content advertising or the message relative to the sponsor, the latter being started by optical and/or acoustic means, so that their nature is obvious to the public; 25. virtual advertising-television advertising broadcasting technique consisting of image processing, in case of broadcasts of broadcasts of some events, by replacing the image of the billboards displayed on the premises in which it takes place those events with advertising messages introduced by the broadcaster or by overlapping new images with such messages in any area of the image transmitted; 26. virtual sponsorship-the technique of broadcasting the identification elements of the sponsor, which consists of image processing, in case of broadcasts of broadcasts of some events, by replacing the image of the billboards displayed on the premises in which carry out those events with messages relative to sponsors, introduced by the broadcaster or by overlapping new images with such messages in any area of the image transmitted; 27. the scheduled duration-time frame that sums up the actual duration of the program or the program tranche and the duration of the television advertising, broadcast, as the case may be, inside them; 28. exclusivity rights-the rights obtained by a broadcaster, under a contract, from the organizer of an event and/or from the owner or, as the case may be, the administrator of the place where the event takes place, from the authors and the to other holders of rights in question, in view of the exclusive television broadcast by this broadcaster, on a specified geographical area; 29. event of major importance-any event that may be of interest to an important part of the public and which is included in the list approved by Government decision, at the proposal of the National Audiovisual Council; 30. audiovisual license-the legal act issued on the basis of the decision of the National Audiovisual Council, granting a broadcaster in the jurisdiction of Romania the right to broadcast, in a determined area, a certain program service; in Depending on the technical method of transmission, the audiovisual licence may be analogue or digital; 31. the broadcasting license-the legal act by which the National Authority for Administration and Regulation in Communications grants the analogue audiovisual license holder the right to use, for a fixed period, one or more frequencies radio, as appropriate, in accordance with the analogue audiovisual licence; --------------- Section 31 of the art. 1 1 has been amended by section 3 3 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 31 31 ^ 1. terrestrial digital system-the broadcasting system and/or television in which the signals are transmitted from the emission stations to the end users by terrestrial radio in the form of a multiplex, in accordance with a standard of broadcasting/digital audio/video; --------------- Pct. 31 ^ 1 al art. 1 1 has been introduced by section 4 4 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 31 31 ^ 2. license for the use of radio frequencies in terrestrial digital system-the administrative act by which it is granted to a natural or legal person, authorized under the law by the National Authority for Administration and Regulation in Communications provide electronic communications networks and publicly available electronic communications services, the right to use radio frequencies for a fixed period, in a digital terrestrial system; --------------- Pct. 31 ^ 2 al art. 1 1 has been introduced by section 4 4 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 32. retransmission authorization-the legal act issued on the basis of the decision of the National Audiovisual Council, granting the right of retransmission on the territory of Romania of a program service that does not fall within the provisions of art. 75 75 para. ((1) and (2); --------------- Section 33 of the art. 1 1 has been repealed by section 6.6. 5 5 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 34. digital terrestrial multiplex-the broadcasting and television programme services group, additional multimedia services and other associated identification data transmitted from the emission stations to end users by terrestrial radio, using digital modulation within the limits of a standard television channel/frequency block, having national, regional or local coverage, as the case may be; --------------- Section 34 of the art. 1 1 has been amended by section 6 6 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 35. multiplex broadcasting/television operator-natural or legal person, Romanian or foreign, who holds the license for the use of radio frequencies in terrestrial digital system and who has the right to operate a network/broadcasting station sound or television, under the law, for the purpose of providing one or more groups of broadcasting and television programs, additional multimedia services and associated identification data, multiplexed; --------------- Section 35 of the art. 1 1 has been amended by section 6 6 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 36. encoding-the electronic information presentation process, which allows access only through the use of a code; --------------- Section 36 of the art. 1 1 has been amended by section 6 6 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 37. encryption-how to modify an information flow in electronic format according to a predetermined algorithm, in order to protect it to transmission through unsafe environments, the reconstruction of initial information is possible only by using a suitable decryption algorithm; --------------- Section 37 of the art. 1 1 has been amended by section 6 6 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 38. system with conditional access-any technical modality or device by means of which access in an intelligible form to a service protected by the broadcast of radio or television programs can be made restricted, on the basis of subscription or on the basis of another form of prior individual authorization. (2) In the present law are also applicable the definitions provided in art. 2 of Government Ordinance no. 34/2002 on access to public electronic communications networks and associated infrastructure, as well as their interconnection, approved with amendments and additions Law no. 527/2002 , with subsequent amendments and completions. ------------ Alin. ((2) art. 1 1 has been introduced by section 7 7 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 1 has been amended by section 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 1 ^ 1 (1) For the purposes of this Law, European works shall be understood: a) works originating in the Member States of the European Union; b) works from European third countries-parties to the European Council of Europe Convention on Transfrontier Television, which meet the conditions laid down in paragraph 1. ((3); c) works co-produced in the framework of agreements on the audiovisual sector concluded between the European Community and third States and which fulfil the conditions laid down in each of those agreements. (2) The definitions provided in par. ((1) lit. b) and c) are applicable only to works originating in Member States which are not subject to discriminatory measures in the third countries concerned. (3) The works provided in par. ((1) lit. a) and b) are works carried out mostly with the contribution of authors and staff, residents in one or more of the respective states, provided that they meet one of the following requirements: a) are made by one or more producers established in one or more of the respective States; b) the production of these works is supervised and effectively controlled by one or more producers established in one or more of those States; c) the contribution of the co-producers in these countries to the total co-production costs is predominant and the co-production is not controlled by one or more producers established outside those States. (4) Operas which are not European works within the meaning of the provisions of paragraph ((1), but which are carried out in the framework of bilateral co-production treaties concluded between Member States and third countries, are considered as European works, provided that a majority of the total production costs are covered by to co-producers in the European Community and that production is not controlled by one or more producers established outside the territory of the Member States. ------------ Article 1 ^ 1 was introduced by item 1. 2 2 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 2 (1) The right of supply and the right of retransmission of any audiovisual media service of a provider of audiovisual media services that are under the jurisdiction of Romania are recognized and guaranteed under the conditions of this law. (2) It is considered a provider of audiovisual media services under the jurisdiction of Romania: a) any audiovisual media service provider established in Romania in accordance with the provisions of par. ((3); b) any audiovisual media service provider that meets the conditions provided in par. ((4). (3) For the purposes of this Law, an audiovisual media service provider shall be deemed to be established in Romania if it meets one of the following conditions: a) the audiovisual media service provider has its main office in Romania, and editorial decisions on audiovisual media services are taken in Romania; b) the main office of the audiovisual media service provider is located in Romania and a majority of the workforce involved in the activity of providing audiovisual media services works in Romania; c) editorial decisions on audiovisual media services are taken in Romania and a majority of the workforce involved in the activity of providing audiovisual media services work in Romania; d) if the staff involved in the activity of providing audiovisual media services work in Romania and in another Member State of the European Union and, applying the criteria provided in lett. b) and c), it cannot be established whether most of the staff involved in the activity of providing audiovisual media services work in Romania or in that Member State of the European Union, the audiovisual media service provider is considered to be based in Romania if its main office is in Romania; e) if most of the staff involved in the activity of providing audiovisual media services do not work either in Romania or in another Member State of the European Union, the audiovisual media service provider will be considered as having its headquarters in Romania if it first started its activity in Romania and currently maintains a stable and effective connection with the Romanian economy. (4) Providers of audiovisual media services to which none of the criteria set out in par. ((3) are considered to be in the jurisdiction of Romania if they are in one of the following situations: a) use an emission station from the ground to a satellite capacity belonging to Romania; b) although it does not use a ground emission station to a satellite capacity belonging to Romania, it uses a satellite capacity belonging to Romania. c) uses a shortwave broadcasting station for the transmission of programs to other countries. ------------ Letter c) a par. ((4) art. 2 2 was introduced by section 4.2. 8 8 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (5) If in determining the jurisdiction applicable to the criteria provided in par. (3) and (4) are not relevant, then the broadcaster will be considered outside the jurisdiction of Romania. ------------ Article 2 has been amended by section 2. 3 3 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 3 (1) The dissemination and retransmission of program services shall be carried out and ensured political and social pluralism, cultural, linguistic and religious diversity, information, education and entertainment of the public, respecting freedoms and fundamental human rights. (2) All audiovisual media service providers have the obligation to ensure the objective information of the public through the correct presentation of facts and events and to favor the free formation of opinions. ((3) The liability for the content of the broadcast program services, including audiovisual commercial communications, shall, under the law, return to the audiovisual media service provider. ------------ Alin. ((3) art. 3 3 has been amended by section 9 9 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 3 has been amended by section 3. 4 4 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 4 This law recognizes and guarantees the right of any person to freely receive audiovisual media services offered to the public by audiovisual media service providers under the jurisdiction of Romania and the Member States of the Union European. ------------ Article 4 has been amended by section 4. 5 5 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 5 (1) The freedom of supply on the territory of Romania of audiovisual media services of audiovisual media service providers under the jurisdiction of the Member States of the European Union is recognized and guaranteed by this law. (2) The option of any person with regard to the programs and services offered by audiovisual media service providers or service distributors is secret and cannot be communicated to a third party except with the consent of the respective person. ------------ Article 5 has been amended by section 6.6. 6 6 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 6 (1) No censorship of any kind on audiovisual communication is prohibited. (2) The editorial independence of audiovisual media service providers is recognized and guaranteed by this law. (3) It is forbidden to interfere with any kind in the content, form or ways of presenting the elements of audiovisual media services, from public authorities or any natural or legal persons, Romanian or foreign. (4) It does not constitute interference the decisions and instructions having a normative character, issued by the National Audiovisual Council in the application of this law and in compliance with the legal provisions, as well as the norms on human rights, provided in the conventions and treaties ratified by Romania. (5) It does not constitute interference with the provisions contained in the codes of professional conduct that journalists and audiovisual media service providers adopt and which they apply within the mechanisms and structures of self-regulation of the activity to them, if not contrary to the legal provisions in force. ------------ Article 6 has been amended by section 6. 7 7 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 7 (1) The confidential nature of the information sources used in the design or development of news, broadcasts or other elements of the program services is guaranteed by this law. ((2) Any journalist or programme maker shall be free not to disclose data of a nature to identify the source of the information obtained in direct connection with his professional activity. ((3) It is considered data likely to identify a source as follows: a) name and personal data, as well as the voice or image of a source; b) the concrete circumstances of obtaining the information by the journalist; c) the unpublished part of the information provided by the journalist; d) personal data of the journalist or broadcaster, related to the activity for obtaining the broadcast information. (4) The confidentiality of the information sources obliges, instead, to assume responsibility for the correctness of the information provided. ((5) Persons who, through the effect of their professional relations with journalists, are aware of information likely to identify a source through the collection, editorial treatment or publication of this information, benefit from the same protection as journalists. (6) Disclosure of an information source may only be ordered by the courts if it is necessary to defend national security or public order as well as to the extent that such disclosure is necessary for the resolution of the case before the court, when: a) no alternative measures to disclosure with similar effect have been exhausted; b) the legitimate interest of the disclosure exceeds the legitimate interest of non-disclosure. + Article 8 (. Public authorities shall ensure, upon request: a) protection of journalists if they are under pressure or threats of a nature to prevent or restrict effectively the free exercise of their profession; b) the protection of the premises and the premises of the broadcasters, if they are subject to threats of a nature to prevent or affect the free movement of their activity. (2) Protection of journalists and premises or broadcasters ' premises, under the conditions of par. ((1), must not become a pretext to prevent or restrict the free exercise of the profession or their activity. + Article 9 The conduct of searches in the premises or venues of broadcasters must not prejudice the free expression of journalists, nor can they suspend the broadcasting of the programs. + Chapter II National Audiovisual Council + Article 10 (1) The National Audiovisual Council, hereinafter referred to as the Council, is an autonomous public authority under parliamentary control and the guarantor of the public interest in the field of audiovisual communication. (2) The Council is a single regulator in the field of audiovisual media services, under the conditions and in compliance with the provisions of this law. (3) As a guarantor of the public interest in the field of audiovisual communication, the Council is required to ensure: a) respect for the pluralistic expression of ideas and opinions within the content of audiovisual media services transmitted by audiovisual media service providers under the jurisdiction of Romania; b) pluralism of public information sources; c) encouraging free competition; d) a balanced report between national coverage programmes and local, regional or thematic services; e) protection of human dignity, of the right to own image and protection of minors; f) protection of Romanian culture and language, culture and languages of national minorities; g) transparency of the organization, operation and financing of mass media in the audiovisual sector; ------------ Lit. g) a par. ((3) art. 10 10 has been amended by section 4.2 10 10 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. h) transparency of own activity; i) increasing the level of public awareness in relation to the use of audiovisual media services, by developing and promoting education for the media at the level of all social categories; ------------ Lit. i) a par. ((3) art. 10 10 has been amended by section 4.2 10 10 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. j) encouraging co-regulation and self-regulation in the audiovisual field; k) encouraging audiovisual media service providers to ensure that the services provided are accessible to people with visual or hearing impairments; l) monitoring of programs services and audiovisual media services, including those on request, in order to comply with the legal provisions in the matter. ------------ Lit. l) a par. ((3) art. 10 10 has been amended by section 4.2 10 10 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) The Council shall exercise its right of control over the content of the programmes offered by audiovisual media service providers only after the public communication of these programmes. (5) The control exercised by the Council on the content of the programme services offered by audiovisual media service providers and on the offer of programme services provided by the service distributors shall be carried out periodically and whenever or the Council considers that it is necessary or receives a complaint about the non-compliance by a supplier with the legal provisions, the regulatory rules in the field or the obligations entered in the audiovisual license. ------------ Alin. ((5) art. 10 10 has been amended by section 10 10 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (6) The Council is obliged to notify the competent authorities of the occurrence or existence of restrictive practices of competition, abuse of a dominant position or economic concentration, and of any other infringements of the legal provisions that do not fall within its competence. ------------ Article 10 has been amended by section 10. 8 8 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 11 (1) The Council shall be composed of 11 members and shall be appointed by Parliament on a proposal: a) Senate: 3 members; b) Chamber of Deputies: 3 members; c) President of Romania: 2 members; d) Government: 3 members. ((2) The proposals shall nominate the candidate for the position of the holder, as well as the candidate for the alternate position and shall be submitted to the permanent offices of the two Chambers, within 15 days from the date of triggering the appointment procedure. (3) The permanent offices of the two Chambers shall submit the proposals to the specialized standing committees for the hearing of the candidates in the joint meeting. (4) Following the hearing the specialized standing committees draw up a joint opinion that they present in the joint sitting of the Chamber of Deputies and the Senate. (5) The candidates shall be approved with the vote of the majority of the deputies and senators present, under the conditions of the quorum of the two Chambers; ------------- Alin. ((5) of art. 11 11 has been amended by section 4 4 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. (6) The members of the Council are guarantors of the public interest and do not represent the proposed authority. (7) The term of office of the members of the Council shall be 6 years and their appointment shall be made staggered, depending on the expiry of the ------------- Alin. ((7) of art. 11 11 has been amended by section 4 4 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. ((8) If a seat in the Council becomes vacant before the expiry of the term of office, it shall be occupied by the alternate until the expiry of the original 6-year term of office *). ------------- Alin. ((8) of art. 11 11 has been amended by section 4 4 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 12 (1) The members of the Council shall have the function of public dignity assimilated to the office of (2) The membership of the Council is incompatible with public or private functions, with the exception of teaching staff, if they do not give rise to conflicts of interest. (3) During the term of office the members of the Council may not be part of parties or other political structures. (4) Members of the Council shall not be entitled to hold shares or shares, directly or indirectly, to companies with activities in areas in which they would be in conflict of interest with the membership of the Council. (5) Members of the Council who, at the time of appointment, are in one of the situations referred to in par. ((2)-(4) have at their disposal a period of no more than 3 months for the waiver of the quality or the respective actions, during which they do not have the right to vote in the Council. (6) In case of non-compliance with the provisions of this article the person concerned is dismissed by law, his place becoming vacant, and will be occupied by the alternate, at the proposal of the Parliament's specialized standing committees. + Article 13 (1) The members of the Council may be dismissed, at the proposal of the Parliament's specialist committees, in the following situations: a) in case of inability to exercise his office for a period of more than 6 months; b) in the case of a criminal conviction applied by a final court decision. (2) In order to apply the provisions of para. (. The Council shall notify Parliament. + Article 14 (1) The Council shall be headed by a President, assimilated to the office of the Minister, appointed by the vote of Parliament, of the members of the Council, The mandate is 6 years *). ------------- Alin. ((1) of art. 14 14 has been amended by section 5 5 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. (2) In the absence of the President, the Chairman shall be provided ((3) The Vice-President shall be elected by secret ballot by the Council, in the presence of at least 9 members thereof, for a term of 6 years *). ------------- Alin. ((3) of art. 14 14 has been amended by section 5 5 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. (4) If the office of president or vice-president becomes vacant, the choice shall be made, under the conditions of paragraph ((1) and (3), of a president, respectively vice-president. + Article 15 (1) In carrying out the functions and duties assigned to him under this law, the Council shall issue decisions, instructions and recommendations, in the presence of at least 8 members and with the vote of at least 6 members. (2) The meetings of the Council shall be public, unless the president is proposed and the vice-president is elected, in accordance with the provisions of art. 14 14 para. ((1) and (3). (3) The vote is always open, except for the situations provided in art. 14 14 para. ((1) and (3). ((4) The expression of each open vote shall be accompanied by its reasoning. (5) The decisions of the Council having a normative character, including their motivation, shall be published in the Official Gazette of Romania, Part I. ------------- Alin. ((5) of art. 15 15 has been amended by section 6 6 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. ((6) Council decisions, other than those specified in par. (5), including their motivation, as well as the instructions and recommendations issued by the Council shall be made public. ------------- Alin. ((6) of art. 15 15 has been amended by section 6 6 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. (7) The acts having a normative character issued by the Council may be challenged at the administrative court by any person who considers himself prejudiced by them. ------------- Alin. ((7) of art. 15 15 has been amended by section 6 6 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. ((8) Decisions having an individual character shall be communicated to those concerned and shall enter into force from the date of communication, unless otherwise provided. ------------- Alin. ((8) of art. 15 15 has been introduced by section 7 7 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 16 (1) The work of the Council is financed from the state budget. ------------ Alin. ((1) of art. 16 16 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (. The President of the Council shall be principal authorising officer. + Article 17 (. The Council shall be authorised: a) establish the conditions, criteria and procedure for the granting of analogue and digital audiovisual licences; ------------ Lit. a) a par. ((1) of art. 17 17 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. b) establish the procedure for granting the retransmission authorization; c) issue analogue and digital audiovisual licences and retransmission authorizations for the operation of broadcasting and television broadcasting services and to issue audiovisual authorization decisions; ------------ Lit. c) a par. ((1) of art. 17 17 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. d) to issue, in application of the provisions of this law, decisions with the character of regulatory norms in order to carry out its duties expressly provided in this law and, in particular, on: 1. ensuring the correct information of public opinion; 2. tracking the correct expression in Romanian and in the languages of national minorities; 3. ensuring the equidistance and pluralism of opinions; ------------ Item 3 of the letter d) of par. ((1) art. 17 17 has been amended by section 12 12 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 4. transmission of information and official communications of public authorities regarding natural disasters, state of necessity or emergency, curfew times of armed conflict; 5. protection of minors; 6. defending human dignity and the right to own image; 7. non-discriminatory policies regarding race, sex, nationality, religion, political beliefs and sexual orientations; 8. exercising the right of reply, rectification and other equivalent measures; 9. audiovisual commercial communications, including advertising, product placement, electoral advertising and teleshopping; 10. sponsorship; 11. the rules and rules for reflecting the conduct of electoral campaigns and those for referendum, in the services of audiovisual programs, within and for the implementation of electoral legislation; ------------ Item 11 of the letter d) of par. ((1) art. 17 17 has been amended by section 12 12 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 12. cultural responsibilities of audiovisual media service providers. ------------ Lit. d) a par. ((1) of art. 17 17 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. e) develop instructions and issue recommendations for carrying out activities in the field of audiovisual communication. (2) The Council is consulted in the process of defining Romania's position and may participate, through representatives, in international negotiations on the audiovisual field. (3) The Council shall be consulted on all draft normative acts governing activities in the audiovisual field or in relation to it. ------------ Alin. ((3) art. 17 17 has been amended by section 13 13 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) The Council is authorized to request and receive from providers and distributors of audiovisual program services any data, information and documents concerning the performance of its duties, having the obligation to keep confidentiality of non-public data. ------------ Alin. ((4) of art. 17 17 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 18 (. The Council shall draw up its own rules of organisation and operation, which shall be approved by the majority of its members. (2) In order to carry out the tasks, the Council shall constitute a functional structure of its own, including territorial control and monitoring structures, which are laid down in its own rules of organisation and operation. (3) The specialized staff of the Council is made up of civil servants and personnel with individual employment contract, salarized according to the provisions of art. 98. (4) The public servants of the Council may not be members of the boards of directors or management bodies of audiovisual program providers and distributors, nor may they exercise functions or hold shares. or social parts in a commercial company holder of an audiovisual licence. ------------ Alin. ((4) of art. 18 18 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (. For the purpose of applying the provisions of paragraph (4), the civil servants of the Council will submit to the President of the Council a declaration of compliance on their own responsibility. + Article 19 Repealed. ----------- Article 19 has been repealed by point (a) 3 3 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. + Article 20 (1) In the framework of parliamentary control activity, exercised pursuant to art. 10 10 para. (1), the Council's work is analysed by Parliament by debating the annual report, which will be tabled, together with the implementation of the budget, by 15 April of the following year. (2) The annual activity report and budget execution are debated, in joint meetings, by the committees for culture and media, respectively by the budget, finance committees of the Senate and the Chamber of Deputies. (3) The joint report of the committees on culture and media on the annual work report of the Council includes the joint opinion of the budget committees, finances in respect of the implementation of the budget and is subject to debate and approval of the two Rooms reunited. (4) The Parliament's rejection of the annual activity report entails the dismissal of the President of the Council from office. (5) In the situation referred to in par. (4), the Parliament will appoint a new president of the Council, for the rest of the term of office of the former president, in compliance with 14 14 para. ((1). (6) The former ousted president can no longer be re-elected to office until his term expires. (7) The Culture and Media Committees of the two Houses of Parliament shall have the right to request the Council, whenever they deem it necessary, specific reports. ----------- Article 20 has been amended by art. I of LAW no. 211 211 of 21 July 2015 , published in MONITORUL OFFICIAL no. 550 550 of 24 July 2015. + Chapter III Content of audiovisual communication + Article 21 (1) Events of major importance can only be broadcast exclusively if the broadcast does not deprive an important part of the public in Romania of the possibility to watch them live or in deferred transmission within a program service with free access. (2) The list of events considered of major importance shall be determined by Government decision, upon proposal of the Council, and shall be communicated to the European Commission; subsequent amendments shall follow the same procedure. In the period of pre-accession to the European Union the list will produce its effects after the publication of the Government decision in the Official Gazette of Romania (3) By the Government decision referred to in par. (2) specify the percentage of the population representing an important part of the public; by the same decision it shall be determined for each event of major importance if its live broadcasting is made in whole or in part, or if, where the public interest requires it, its deferred dissemination will be done in whole or in part. (4) Exercise by broadcasters in Romania's jurisdiction of exclusive rights to broadcast events declared by a Member State of the European Union as being of major importance and which are included in the list published in the Journal The official of the European Union cannot deprive an important part of the public in that State of the possibility of pursuing those events, live or deferred, in accordance with the provisions laid down by that Member State. + Article 22 (1) From the date of accession any broadcaster within the jurisdiction of Romania will reserve to European works a majority proportion of its time of broadcasting, except for the time devoted to information, sports events, games, advertising, as well as and teletext and teleshopping services. (2) A significant proportion of Romanian audiovisual works will be reserved until the date of accession. This proportion, given the information, educational, cultural and entertainment responsibilities of the broadcaster towards its audience, will be achieved progressively, based on appropriate criteria. (3) The Council will follow the application of the provisions ((1) and (2). (4) The full mechanisms of implementation measures will be determined by the Council. + Article 23 (1) On-demand audiovisual media services shall promote, where possible and with appropriate means, the production of European works and their access. Such promotion may consist, inter alia, in the financial contribution of these services to the production and acquisition of rights in European works or in the percentage and/or share held by European works within the framework of the catalogue of programs offered. (. The Government shall, by means of the Council, report to the Commission, by 19 December 2011 at the latest and every 4 years thereafter, on the implementation of the provisions of paragraph 1. ((1). ------------ Article 23 has been amended by section 6.6. 12 12 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 24 (1) Any broadcaster under the jurisdiction of Romania shall reserve to European works created by independent producers to those broadcasters at least 10% of its broadcast time, except for the time devoted to information, manifestations sports, games, advertising, as well as teletext and teleshopping services, or at least 10% of its programme budget. (2) In European works created by independent producers will be included a corresponding proportion of recent works, respectively of works broadcast in the next 5 years after their production. (3) A manufacturer shall be independent of a particular broadcaster if its work on audiovisual production is financially supported in a proportion of less than 25% of the same sources as the programme service in which it is disseminate its production and if it holds less than 25% of the capital of the company that finances the programme service in question. + Article 25 Art. 22 22 and 24 do not apply to programs services intended for a local audience, provided by broadcasters that are not part of a national network. ------------ Article 25 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 26 The dissemination of a cinematographic work can only be done during the specific periods provided for in the contracts concluded with the copyright holders. + Article 26 ^ 1 (1) In order to encourage and facilitate the pluralistic expression of opinion currents, broadcasters have the obligation to reflect electoral campaigns fairly, balanced and impartially. (2) In the correct application of the provisions of para. (1), the Council shall issue binding rules, monitor compliance with the legal provisions and the rules issued and sanction their violation. ------------ Art. 26 ^ 1 was introduced by item 14 14 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Chapter III ^ 1 Audiovisual commercial communications ------------ Head. III ^ 1 was introduced by section 1. 15 15 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 27 (1) Television advertising and teleshopping must be easy to identify and must be separated from the editorial content. Without prejudice to the use of new advertising techniques, a separation by optical and/or acoustic and/or spatial means between television advertising, teleshopping and other parts of the programmes shall be ensured. ------------ Alin. ((1) art. 27 27 has been amended by section 14 14 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) Insulated advertising and teleshopping spots, other than those broadcast in sports broadcasting, constitute an exception and may only be disseminated in cases established as such by the Council. ------------ Article 27 has been amended by section 6.6. 16 16 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 28 (1) The insertion of advertising spots, including autopromotional or teleshopping ones, can only be done between programs. If the conditions laid down in par. ((4)-(7), advertising or teleshopping spots may also be inserted during a program, so that: a) the integrity and value of that programme shall not be prejudiced, taking into account its natural pauses and its duration and nature; b) the copyright should not be prejudiced. (2) The Romanian Radio Broadcasting Society and the Romanian Television Society, as public services, can insert advertising spots, including autopromotional or teleshopping, only between programs. (3) In the framework of programmes composed of autonomous parties or in the dissemination of sports competitions or other similar structured events or programmes containing breaks, advertising and teleshopping spots may be introduced only between the parties. or in breaks. (4) The dissemination of news programmes and audiovisual works, such as cinematographic films or films made for television, with the exception of series, sheets and documentaries, may be interrupted by television advertising and/or One-time teleshopping spots during a scheduled duration of at least 30 minutes. ------------ Alin. ((4) of art. 28 28 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (5) The dissemination of children's programs can be interrupted by television advertising and/or teleshopping once during a scheduled duration of 30 minutes, provided that it is at least 30 minutes. ------------ Alin. ((5) art. 28 28 has been amended by section 15 15 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (6) It is forbidden to insert advertising or teleshopping within the broadcast of officiating a religious service. ((7) Abrogat. ------------ Alin. ((7) art. 28 28 has been repealed by section 6.6. 16 16 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 29 (1) The audiovisual commercial communications disseminated by audiovisual media service providers shall comply with the following conditions: a) can be easily identified as such, audiovisual communications with masked commercial content being prohibited; b) not to make use of subliminal techniques; c) not to prejudice human dignity; d) not to include any form of discrimination on the grounds of race, ethnicity, nationality, religion, faith, disability, age, sex or sexual orientation; e) do not bring offence to religious or political beliefs of viewers and radio listeners; f) not to stimulate behaviours harmful to the health or safety of g) not to stimulate environmentally harmful behaviors; h) not to stimulate indecent or immoral behaviors; i) not to promote, directly or indirectly, occult practices. (2) The audiovisual commercial communications must not cause any moral, physical or mental damage to minors and, in particular: a) not directly instigate minors to buy a product or service, by exploiting the lack of experience or their credulity; b) not directly encourage minors to convince their parents or other persons to buy the goods or services that are the subject of advertising; c) not to exploit the special trust that minors have in their parents, teachers or other persons; d) not to unduly present minors in dangerous situations. (3) Masked commercial audiovisual commercial communications are prohibited. (4) Audiovisual commercial communications for alcoholic beverages may not encourage the excessive consumption of those beverages and may not specifically target minors. (5) Any form of audiovisual commercial communication for cigarettes and other tobacco products is prohibited. (6) Audiovisual commercial communications for medical products and treatments available only on prescription are prohibited. (7) audiovisual commercial communications affecting the legal interests of consumers are prohibited. (8) Providers of audiovisual media services are encouraged to develop codes of conduct on inappropriate audiovisual commercial communications, especially on those accompanying children's programmes or included in them, relating in particular to foods and beverages containing substances having a nutritional or physiological effect with high fat content, fatty acids, salt and sugar, not recommended in a balanced diet. ' ------------ Article 29 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 29 ^ 1 (1) The purchase of television advertising space by the beneficiary can be made either directly from the broadcaster or through an intermediary (agency or direction). ------------ Alin. ((1) of art. 29 ^ 1 has been amended by section 4.2 1 1 of art. unique from LAW no. 181 181 of 30 June 2015 , published in MONITORUL OFFICIAL no. 484 484 of 2 July 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. ((2) If the purchase of the television advertising space is made by an intermediary, the contracts will be tripartite, at the request of either party. ------------ Alin. ((2) of art. 29 ^ 1 has been amended by section 4.2 1 1 of art. unique from LAW no. 181 181 of 30 June 2015 , published in MONITORUL OFFICIAL no. 484 484 of 2 July 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. (3) In both cases provided in par. (1), the broadcaster will issue to the beneficiary of the television advertising or, as the case may be, to the intermediary invoices related to the purchase of television advertising space, in which any rebate or tariff advantage will be highlighted, regardless of the nature to him, granted by the broadcaster, according to the contract. ------------ Alin. ((3) of art. 29 ^ 1 has been amended by section 4.2 1 1 of art. unique from LAW no. 181 181 of 30 June 2015 , published in MONITORUL OFFICIAL no. 484 484 of 2 July 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. (4) In the case of contracts conducted by intermediary, it will issue invoices related to intermediation services corresponding to the provisions of the contract Intermediaries may not receive any other payment or consideration other than that for the remuneration of the services rendered or any material advantage, regardless of its nature, on the part of the broadcaster. ------------ Alin. ((4) of art. 29 ^ 1 has been amended by section 4.2 1 1 of art. unique from LAW no. 181 181 of 30 June 2015 , published in MONITORUL OFFICIAL no. 484 484 of 2 July 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. (. Any legal act concluded in violation of the provisions of this Article shall be void. ------------ Article 29 ^ 1 has been introduced by item 1 1 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. + Article 31 (1) Product placement is prohibited. (2) By exception to the provisions of par. (1), product placement is allowed *): a) in cinematographic works, films and series made for the presentation within the framework of audiovisual media services, sports and entertainment programs; b) if a payment is not made, but only certain goods or services are provided free of charge, such as the production of props or prizes, in order to include them in the program. (3) The exception provided in par. ((2) lit. a) does not apply to children's programs *). ((. The programmes containing product placement shall meet cumulatively at least the following conditions: ------------ The introductory part of para. ((4) art. 31 31 has been amended by section 4.2 17 17 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 20 20 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. a) the content and, in the case of television program services, the time frame affected them not to be in any situation influenced in a way that affects the responsibility and editorial independence of the media service provider audiovisual; ------------ Letter a) a par. ((4) art. 31 31 has been amended by section 4.2 17 17 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 20 20 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. b) not to directly encourage the purchase or rental of products or services, especially by express expressions of a promotional nature to the respective products or services; c) do not overlook the products in question *). (5) The programmes in which product placements are inserted must contain clear information on their existence, being properly identified both at the beginning and at the end, and at the resumption after an advertising break, so as to avoid any confusion on the part of the viewer *). (6) The requirements provided in par. ((5) shall not apply to those programmes which were neither produced nor ordered by the audiovisual media service provider or by a company affiliated with it. (7) It is prohibited to place cigarettes or other tobacco products or products of economic operators whose main object of activity is the manufacture or sale of such products, as well as the placing of products or treatments medical available only on prescription. ------------ Article 31 has been amended by section 6.6. 20 20 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 32 Advertising and teleshopping for alcoholic beverages must comply with the following conditions: a) not to be addressed to minors or not to present minors drinking alcoholic beverages; b) not to establish a link between the consumption of alcohol and the improvement of physical, mental or ability qualities in the driving of vehicles; c) not to suggest that alcohol consumption can achieve social or sexual performance; d) not to suggest that alcohol has therapeutic qualities or that it is stimulant, sedative or means of solving personal problems; e) not to encourage excessive alcohol consumption and not to put in a negative light the moderate consumption or abstention from the consumption of alcoholic beverages; f) not to present as a quality the high alcohol content of beverages. + Article 34 (1) Sponsored programs must meet the following conditions: a) the content and their programming must under no circumstances be influenced by the sponsor, so that the editorial independence and the responsibility of the media service provider are not affected in relation to the respective programs; b) the existence of a sponsorship agreement, signalled by the name, mark and/or products/services of the sponsor, presented adequately at the beginning, in and/or at the end thereof; c) not to directly encourage the purchase or rental of products or services of the sponsor or of a third party, in particular through special promotional references to these products or services. ------------ Alin. ((1) of art. 34 34 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) No program may be sponsored by natural or legal persons whose main activity is the manufacture or sale of cigarettes or other tobacco products. ((3) Sponsorship of services or audiovisual media programs of natural or legal persons whose activities include the manufacture or marketing of medical products and treatments can be done by promoting the name, logo and/or any other distinctive element of the sponsor or of certain products or its medical services, with the exception of the name or image of medicinal products or medical treatments which are available only on prescription medical. ------------ Alin. ((3) art. 34 34 has been amended by section 18 18 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 22 22 ^ 1. (4) It is prohibited to sponsor a program service in its entirety, as well as news, analysis and debate programs on current political and/or economic issues. ------------ Alin. ((4) of art. 34 34 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 35 (1) The proportion of television advertising spots and teleshopping spots within one hour shall not exceed 20% and 12 minutes respectively; in the case of public television their duration may not exceed 8 minutes of any given hour. (2) Provisions of para. ((1) shall not apply to the broadcaster's notices in relation to its own programmes and ancillary products derived directly from them, sponsorship notices and product placements. ------------ Article 35 has been amended by section 6.6. 23 23 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 36 (1) Windows dedicated to the transmission of teleshopping by a programme service which is not exclusively dedicated to teleshopping shall have an uninterrupted duration of at least 15 minutes. (2) They must be clearly delimited and identified by appropriate optical and acoustic signals. ------------ Alin. ((2) art. 36 36 has been amended by section 19 19 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 24 24 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((3) Teleshopping should not incite minors to require the purchase or rental of goods or services. ------------ Alin. ((3) art. 36 36 has been amended by section 19 19 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 24 24 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((4) The teleshopping for medicinal products covered by the marketing authorisation provided for in Title XVII shall be prohibited, Head. III, Section 1 of Law no. 95/2006 on health reform, with subsequent amendments and completions, as well as the teleshopping of medical treatments. ------------ Article 36 has been amended by section 6.6. 24 24 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 37 (1) The provisions of this Law shall apply accordingly to the services of programs dedicated exclusively to advertising and teleshopping, as well as to programs services dedicated exclusively to self-promotion. (2) In the case of the programs services provided in par. (1), provisions of art. 22 22-24 on the promotion of European works and the works of independent producers, as well as those of art. 28 28 and 35 do not apply. ------------ Alin. ((2) art. 37 37 has been amended by section 20 20 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 25 25 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 37 has been amended by section 6.6. 25 25 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 38 The Council shall be authorized to lay down conditions other than those provided for in 28 28 para. ((4)-(7) and art. 35 35 on television programme services intended exclusively for national territory and which cannot be received, directly or indirectly, by the public of one or more other Member States of the European Union. ------------ Article 38 has been amended by section 6.6. 26 26 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Chapter III ^ 2 Protecting minors ------------ Head. III ^ 2 was introduced by section 4.2. 27 27 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 39 (1) It is forbidden to broadcast, within the services of television and broadcasting programs, programs that can seriously affect the physical, mental or moral development of minors, especially programs containing pornography or violence unjustified. (2) Broadcasting in television and broadcasting services of programs that may affect the physical, mental or moral development of minors can be done only if, by choosing the time interval of broadcasting, by coding or as an effect of other Conditional access systems, ensure that minors in the transmission zone, in normal situations, cannot hear or see the respective broadcasts. ------------ Alin. ((2) art. 39 39 has been amended by section 21 21 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 28 28 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) Dissemination in an unonce form or without other technical measures to restrict the access of the programs provided in par. ((2) may be made only after the presentation of an acoustic or graphic warning, throughout the duration of the programme ensuring the presence of a visual warning symbol. ------------ Alin. ((3) art. 39 39 has been amended by section 21 21 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 28 28 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 39 has been amended by section 6.6. 28 28 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 39 ^ 1 In on-demand audiovisual media services, programs that could affect the physical, mental or moral development of minors can only be made available if measures are provided to restrict access so that minors cannot be allowed. see the times you normally hear those programs. ------------ Article 39 ^ 1 has been introduced by item 29 29 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Chapter III ^ 3 Right of reply ------------ Head. III ^ 3 was introduced by section 3. 30 30 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 40 It is forbidden to broadcast programs that contain any form of incitement to hatred on the grounds of race, religion, nationality, sex or sexual orientation. + Article 41 (1) Any natural or legal person, regardless of nationality, whose legitimate rights or interests, in particular his reputation and public image, have been harmed by the presentation of inaccurate facts under a program, benefits from the right to replica or rectification. (2) The Council will adopt the procedure necessary for the effective exercise of the right of reply or rectification, and any other necessary measures, including sanctions, with a view to guaranteeing the right of reply or rectification within a reasonable limit of time from receipt of the applicant's request (3) The dissemination of rectification or the granting of the right of reply does not exclude the right of the person injured to apply to the courts + Chapter III ^ 4 Protection of people with hearing disabilities ------------ Chapter III ^ 4 was introduced by section 4. 1 1 of art. I of LAW no. 103 103 of 8 July 2014 , published in MONITORUL OFFICIAL no. 518 518 of 11 July 2014. + Article 42 ^ 1 (1) Persons with disabilities of hearing have the right of access to audiovisual media services, depending on the technological possibilities. (2) In order to ensure the right of access to audiovisual media services of persons with hearing impairments, television program services with national coverage: a) will perform in mimic-gestural language and synchronous titration during a scheduled duration of at least 30 minutes from news programs, analysis and debate on current political and/or economic issues during the daily broadcasting time; b) will interpret in the mimic-gestural language and by synchronous titration the programs of major importance in full or their summaries; c) will verbally warn " Attention! Dedicated show and hearing impaired ", accompanied by a mention that will be displayed statically and legibly; d) the programmes referred to in point b) is broadcast accompanied by a warning sign according to the annex which is an integral part of this law. (3) In order to ensure the right of access to audiovisual media services of persons with hearing impairments, television program services with local coverage: a) will interpret in the mimic-gestural language and/or through synchronous titration during a scheduled duration of at least 30 minutes from news programs, analysis and debate on political and/or current economic topics from the daily time of emission; b) will interpret in the mimic-gestural language and/or through synchronous titration the programs of major importance in full or their summaries; c) will verbally warn " Attention! Dedicated show and hearing impaired ", accompanied by a mention that will be displayed statically and legibly; d) the programmes referred to in point b) shall be broadcast accompanied by a warning sign according to the Annex ------------ Art. 42 ^ 1 was introduced by item 1 1 of art. I of LAW no. 103 103 of 8 July 2014 , published in MONITORUL OFFICIAL no. 518 518 of 11 July 2014. + Chapter IV Legal regime of property in the audiovisual field + Article 43 (1) The broadcasters are legal entities of public or private law, foundations or associations without patrimonial purpose, as well as individuals authorized according to the law. ------------ Alin. ((1) art. 43 43 has been amended by section 22 22 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 32 32 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Alin. ((2) art. 43 43 has been repealed by section 6.6. 23 23 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 32 32 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) Private private broadcasters, which are legal persons, are constituted and operate in the form of companies. (4) The right of ownership of shares or shares may be transferred in accordance with the provisions of this law and provided that it does not affect the rights and obligations provided for in the license or licenses held by the company that commercial. ((5) Any natural or legal person who holds or acquires a share equal to or greater than 10% of the capital or voting rights of a trading company of audiovisual licence or broadcasting licence or of a company which control a holding company of such a licence is required to notify this situation to the Council, within one month of the date on which it reached that quota. ((6) Shares representing the share capital of public limited liability companies may only be nominative. (7) It is forbidden to use the name of another person, in any way, by a company requesting the granting of an audiovisual or broadcasting licence or any other authorization concerning an audiovisual communication service or which control a holding company of such a license or authorization, in order to circumvent the provisions of this law. + Article 44 (1) In order to protect the pluralism of views and cultural diversity, the concentration of property and the expansion of the audience share in the audiovisual field are limited to dimensions that ensure economic efficiency, but that do not generate of positions mainly in the formation of public opinion. ------------ Alin. ((1) art. 44 44 has been amended by section 24 24 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 33 33 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) For the purposes of this law and for determining the audience share of the program services, it is considered that: a) the market of television programs with national coverage includes all the programs services broadcast at national level by broadcasters in the Romanian jurisdiction, including the public services of television programs; b) the market of broadcasting program services with national coverage includes all programs services broadcast at national level by broadcasters in the jurisdiction of Romania, including public service broadcasting programs; c) the market for television and/or broadcasting programs at regional and local level includes all the program services broadcast in that area; d) programs services with significant weight in the formation of public opinion are the services of generalist programs, news, analysis and debate on current political and/or economic issues; e) the significant market includes the totality of the broadcasting services, namely television, provided in lett. d), disseminated in a given geographical area; f) the audience share or market share represents the market share assigned to a certain program service, determined under the conditions provided in art. 45. (3) In the procedure of assessing the position mainly in the formation of public opinion, a natural or legal person shall be taken into account those programs services in the category of those defined in par. ((2) lit. d) which it either provides as an audiovisual licence holder, or to which it holds, directly or indirectly, a share of more than 20% of the capital or voting rights of an audiovisual licence holder. ------------ Alin. ((3) art. 44 44 has been amended by section 24 24 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 33 33 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) In the procedure for assessing the prevailing position in the formation of public opinion, the influences determined by the personal family ties that will be taken into account according to the existing commercial and commercial legislation will be quantified. economic and financial. (5) For the purposes of this law, the family means the husband, relatives or afini up to the second degree. (6) A natural or legal person is considered to hold a position in the formation of public opinion where the weighted audience share of the programs assigned to him exceeds 30% of the significant market. (7) The determination of the audience share of each service of national, regional and local programs is made annually, by the average of the audience share recorded during that year, for the duration of the broadcast. (8) The weighted audience share of the program services assigned to a natural or legal person represents the amount of audience allowances of each of the program services provided in par. ((3), weighted with the share of capital or voting rights held by that person. (9) The Council shall initiate the procedure for the assessment of the prevailing position in the formation of the public opinion of a natural or legal person in case of thorough indications regarding the attainment of the limit provided in par. ((6). (10) Given that the Competition Council identifies by decision an anticompetitive practice (understanding or abuse of dominant position), respectively authorizes an economic concentration in the field of audiovisual media services, the Council proceed according to the provisions of para. ((9) *). (11) At the request of the Council, the institute designated under the provisions of 45 has the obligation to carry out ad-hoc measurements imposed by the procedure for assessing the position mainly in the formation of public opinion. Program services that are not included in the audience measurement systems, but which must be included in the evaluation, are subject to ad hoc measurements for a period of 3 months; in case of confirmation of exceeding the admitted audience quota applies Art. 46. (12) For the purposes of this Law a) the national audiovisual license entitles to a broadcast of the same program in a geographical area comprising a potential audience of over 60% in the case of broadcasting, respectively 70% in the case of television, of the reviewed population of the country; b) the regional audiovisual license entitles to a broadcast of the same program on the territory of one or more counties, without however realizing the coatings provided in lett. a); c) the local audiovisual license is the license whose coverage area is smaller than that provided for a regional audiovisual license, serving a single local community; d) the audiovisual licenses granted for the city of Bucharest and which are not part of national or regional networks of broadcasting and television are considered local licenses. (13) Cases provided in par. ((12) lit. a) and b) which are not the effect of an initial award of national/regional licences, but result by the cumulation of local licences, shall be found as such by the Council on its own initiative or at the express request of the titular broadcaster of the licences, with the corresponding modification of the licence data ------------ Article 44 has been amended by section 44. 33 33 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 45 (1) The measurement of the audiences and market shares will be carried out in accordance with the international standards and usages of specialized institutions designated by auction. (2) The auction will be organized by a panel of 5 representatives of the broadcasters, 5 representatives of the advertisers and 5 representatives of the Council. (3) The first auction shall be held no later than one year after the entry into force of this Law, and the following shall be organized every 4 years. (4) The Council will benefit from the results of the measurements free of charge. + Article 46 (1) In the event that a natural or legal person is found to hold a preponderant position in the formation of public opinion exceeding the audience quota admitted to art. 44 44 para. (6), the Council shall address to broadcasters with a major share in its formation an injunction aiming at the admission to the admitted audience quota and the time limit within which it must be carried out. (2) On the expiry of the term of the summons, a new evaluation will be carried out, and if the exceeding of the audience share persists, the Council has concrete measures to reduce some of the participation rates or the number of licenses held, at the choice of the natural or legal person concerned, within a period of 3 months. (3) If and after the expiry of this term the predominant position is maintained, for the license in which the natural or legal person concerned holds the largest share, it is considered that the conditions for the application of the provisions art. 57 57 para. ((1) lit. c). ((4) The broadcasters have the obligation to cooperate in determining the audience share by communicating all the information requested by the Council. The refusal to communicate the requested data or the presentation of false data leads to the application of 57 57 para. ((1) lit. c). ------------ Article 46 has been amended by section 6.6. 34 34 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 47 (1) By derogation from the provisions of art. 43 43 audiovisual licences may be granted to local public authorities, provided that: a) there is no other audiovisual license for a local program service; b) to provide exclusively information services on that community. (2) In case of granting another audiovisual license the license granted under the conditions of par. ((1) shall withdraw from the right. + Article 48 Audiovisual media service providers are required to ensure the simple, direct and permanent access of the public to at least the following categories of information: a) the name, legal status and registered office; b) the name of the legal representative and the shareholding structure up to the level of natural and legal person, associate or shareholder holding a share of more than 20% of the share capital or voting rights of a license holder company audiovisual; c) the names of the persons responsible for the management of the company and those who assume, mainly, the editorial responsibility; d) the coordinates of the media service provider, including the electronic mail address or the website to which it can be contacted quickly, directly and effectively; e) the list of publications edited by the respective legal person and the list of the other programs services they provide; ------------ Lit. f) a art. 48 48 has been repealed by section 6.6. 25 25 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 35 35 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. g) competent regulatory or supervisory bodies. ------------ Article 48 has been amended by section 6.6. 35 35 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 49 The functioning of audiovisual media service providers is subject to transparency rules, according to which persons operating an audiovisual media service are obliged to inform the Council of the following: a) changes during the operation of the service with regard to the categories of data referred to in art. 48, within 30 days of their production; b) other categories of data on the functioning of the service, after its entry into service. ------------ Article 49 has been amended by section 6.6. 36 36 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Chapter IV ^ 1 Measures to stimulate audiovisual economic operators ---------- Head. IV ^ 1 was introduced by art. 3 of EMERGENCY ORDINANCE no. 18 18 of 10 June 2015 published in MONITORUL OFFICIAL no. 423 423 of 15 June 2015. + Article 49 ^ 1 (1) Economic operators in the audiovisual field can benefit from financing under a state aid scheme approved by Government decision in compliance with European legislation in the field of state aid and procedures provided by Government Emergency Ordinance no. 77/2014 on national procedures in the field of State aid and amending and supplementing Competition law no. 21/1996 , approved with amendments and additions by Law no. 20/2015 ,, as amended. (2) The objective of the State aid scheme is to stimulate economic operators in the audiovisual field who produce and disseminate informative, cultural and educational issues of public interest. (3) The State aid scheme shall include at least the following elements: the eligibility criteria of the beneficiaries, their estimated number, the categories of eligible expenditure and the procedure for granting and monitoring. (4) The total budget of the state aid scheme is in the amount of 67.5 million lei, respectively the equivalent of 15 million euros, with the possibility of supplementing it. ---------- Art. 49 ^ 1 was introduced by art. 3 of EMERGENCY ORDINANCE no. 18 18 of 10 June 2015 published in MONITORUL OFFICIAL no. 423 423 of 15 June 2015. + Article 49 ^ 2 The period of validity of the State aid scheme is 1 July 2015-31 December 2016, with the possibility of extending it. ---------- Article 49 ^ 2 was introduced by art. 3 of EMERGENCY ORDINANCE no. 18 18 of 10 June 2015 published in MONITORUL OFFICIAL no. 423 423 of 15 June 2015. + Chapter V Licences and authorisations + Article 50 (1) The provision of a program service in analog system by a broadcaster in the Romanian jurisdiction can be made only on the basis of the analog audiovisual license and, as the case may be, of the broadcasting license. (2) The provision of a program service in a digital terrestrial system through a multiplex broadcasting operator in Romania's jurisdiction can be done only on the basis of the license for the use of radio frequencies in the system digital terrestrial, for the benefit of digital audiovisual licence holders. ------------ Article 50 has been amended by section 6.6. 26 26 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 51 (1) The procedure and conditions for issuing and amending the audiovisual licence shall be determined by decision of the Council. Applicants are required to submit notarial statements, issued at the time of the request or amendment of the audiovisual licence, whereby the company requesting the granting or modification of the license, as well as each associate or shareholder who holds a share of more than 20% of the share capital or voting rights of an audiovisual licence holder company declares on its own responsibility whether it is an investor or a direct or indirect shareholder in other commercial companies of audiovisual communication, specifying the percentage of their share capital, as well as to submit tax certificates showing that, at the time of applying for the audiovisual license, the company that requests the granting or modification of the license does not register outstanding obligations to the state budget. ------------ Alin. ((1) of art. 51 51 has been amended by section 2 2 of art. unique from LAW no. 181 181 of 30 June 2015 , published in MONITORUL OFFICIAL no. 484 484 of 2 July 2015, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. (2) By exception to the provisions of par. (1) the license may be granted or modified if the company registers outstanding obligations to the state budget, but benefits from facilitations or rescheduling to their payment. In this situation, the company is obliged to provide proof of granting these facilities. ------------ Article 51 has been amended by section 1. 2 2 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. + Article 52 *) (1) The analogue or digital audiovisual licence shall be issued either on the basis of a competition, in the case of a programme service broadcast by terrestrial radio, or on the basis of a Council decision, in the case of a programme service broadcast by any type of electronic communications networks. (2) The Council will develop special regulations, in compliance with the provisions of the transition strategy from analogue to digital, including the criteria and modalities according to which, by exception to the provisions of par. (1), for television programme services broadcast by terrestrial radio, the digital audiovisual licence shall be issued on the basis of a decision for broadcasters which: a) hold an analog audiovisual license whose term of validity has not been fulfilled and also opts for the broadcasting of the program service in a digital terrestrial multiplex; ------------ Lit. a) a par. ((2) art. 52 52 has been amended by section 4.2 27 27 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. b) is to stop the analogue transmission or whose analogue transmission will no longer be protected, under the conditions of the measures imposed by this law and the strategy on the transition from terrestrial analogue to terrestrial digital television and implementation of digital multimedia services at national level. ------------ Point b) of par. ((2) art. 52 52 has been amended by section 4.2 27 27 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) The granting of digital audiovisual licences shall be given to broadcasters the possibility of opting for the multiplexer within which its television/broadcasting programme services will be included. ------------ Alin. ((3) art. 52 52 has been amended by section 28 28 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) Analog or digital audiovisual licences for public broadcasting and television services shall be issued without competition. (5) The terrestrial broadcasting of public broadcasting and television broadcasting services in analogue system is carried out by an operator of electronic communications networks, on the basis of the broadcasting licence granted to it by the National Authority for Administration and Regulation in Communications. ------------ Alin. ((5) art. 52 52 has been amended by section 28 28 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((5 ^ 1) The term of validity of the broadcasting licence granted for the broadcasting by terrestrial radio of public broadcasting and television services in analogue system under the conditions of par. (5) will be renewed, temporarily, until the date set for the cessation of emissions in analogue system determined by the Strategy on the transition from terrestrial analogue to terrestrial digital television and the implementation of multimedia services digital at national level. ------------ Alin. (5 ^ 1) of art. 52 52 has been introduced by section 4 4 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. (6) The provision by terrestrial public radio and television broadcasting services in the digital terrestrial system shall be provided by a provider of electronic communications networks and services, on the basis of the licence for the use of radio frequencies in Digital land system granted to it by the National Authority for Administration and Regulation in Communications, under the conditions provided in art. 59 59 para. ((4)-(7). ------------ Alin. ((6) art. 52 52 has been introduced by section 29 29 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 52 has been amended by section 4.2. 39 39 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 54 (1) The analogue or digital audiovisual licence shall include: a) license number; b) the identification data of its holder, as well as the ownership structure up to the level of natural and legal person, associate or shareholder holding a share of more than 20% of the share capital or voting rights of a company Audiovisual licence holder; c) type of programme service; d) the name and identification elements of the program service; e) the principle format of the programme service and the structure of programmes; f) the broadcast area; g) period of validity; ------------ Lit. h) a par. ((1) art. 54 54 has been repealed by section 6.6. 31 31 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. i) the means of telecommunications used for the broadcast and its holder; j) attendance/frequencies or channel/channels assigned, in the case of analogue audiovisual licence; ------------ Lit. j) a par. ((1) art. 54 54 has been amended by section 4.2 32 32 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. k) the digital multiplexer in which the digital audiovisual license falls. ------------ Lit. k) a par. ((1) art. 54 54 has been amended by section 4.2 32 32 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) The providers of audiovisual media services have the obligation to request the Council for any modification in the documents and in the declared data, provided in art. 54 54 para. ((1) lit. b) and e). ------------ Alin. ((2) art. 54 54 has been amended by section 32 32 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 40 40 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 54 has been amended by section 4. 40 40 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 55 (1) The analogue or digital audiovisual licence shall be granted for a period of 9 years, both in the field of sound and television broadcasting. ------------ Alin. ((1) of art. 55 55 has been amended by section 41 41 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) The term flows: a) from the date of obtaining the technical operating authorization, in the case of terrestrial radioelectric diffusion; b) from the date of obtaining the audiovisual authorization decision, in case of broadcasting by any other means of telecommunications. (3) The analogue or digital audiovisual licence may be extended from 9 to 9 years upon request, under the conditions laid down by the Council. ------------ Alin. ((3) of art. 55 55 has been amended by section 41 41 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 56 (1) The analogue or digital audiovisual licence may be transferred to a third party only with the consent of the Council, not earlier than one year after the date of entry into the broadcast, with the assumption by the new holder of all obligations arising from the licence and the the presentation of the tax certificates showing that at the time of the request of the Council agreement for the disposal of the license neither the licensed titular company of the license nor the divestment company register outstanding obligations to the state budget. ------------ Alin. ((1) of art. 56 56 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 25 25 of 10 April 2013 , published in MONITORUL OFFICIAL no. 208 208 of 12 April 2013. (2) I take exception to the provisions of par. (1) licences granted to educational institutions, cults and public administration authorities. (3) The decision of the Council will be issued within 30 days from the date of the request. + Article 57 (1) The analogue audiovisual licence shall be withdrawn by the Council in the following situations: ------------ The introductory part of para. ((1) art. 57 57 has been amended by section 4.2 34 34 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 42 42 ^ 1. a) the holder does not start broadcasting the program service, under the conditions established by the license, within 12 months from obtaining the audiovisual license; the Council may grant two successive extensions of 6 months in justified situations; ------------ Lit. a) a par. ((1) of art. 57 57 has been amended by section 4.2 43 43 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. b) the holder ceases to broadcast the service of programmes for which the audiovisual licence has been granted for more than 90 days, for reasons of a technical nature, and more than 96 hours, for any other reasons attributable to the holder; ------------ Lit. b) a par. ((1) art. 57 57 has been amended by section 4.2 35 35 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 43 43 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. c) following the violation of the rules on the regime of property in audiovisual, provided in art. 46, and of non-compliance with art. 56 56; ------------ Letter c) a par. ((1) of art. 57 57 has been amended by section 4.2 43 43 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. c ^ 1) following the violation of the provisions of par. ((8) and (9) of art. 44 44 and art. 56 56; ------------- Lit. c ^ 1) a par. ((1) of art. 57 57 was introduced by section 4.2. 12 12 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. d) the holder does not submit to the Council, within 6 months from the date of application of a fine, proof of payment; e) at the holder's request. (2) The audiovisual licence for the broadcasting of the terrestrial radio programme service shall also be withdrawn in the following situations: a) the holder does not obtain, for reasons attributable to him, the audiovisual authorization decision, within 60 days from the date of obtaining the technical operating authorization; b) following the withdrawal of the broadcasting licence. + Article 57 ^ 1 The digital audiovisual licence shall withdraw from the Council in the following situations: a) the holder does not provide the program service to the multiplex operator; b) the holder ceases to provide the program service to the multiplex operator; c) for violation of art. 57 57 para. ((1) lit. b), c), c ^ 1), d) and e). ------------ Art. 57 ^ 1 was introduced by item 36 36 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 43 43 ^ 1. + Article 58 (1) The dissemination of the programme service may begin after obtaining the audiovisual authorization decision. (2) The audiovisual authorization decision shall be granted by the Council, within 30 days from the date of obtaining by the audiovisual licence holder of the corresponding authorization document, issued by the National Authority for Administration and Regulation in Communications. ------------- Alin. ((2) art. 58 58 has been amended by section 61 61 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 of 3 December 2008, with art. I ^ 1, by replacing the phrase "National Communications Authority" with the phrase "National Authority for Administration and Regulation in Communications". + Article 59 ((1) Where the dissemination of a programme service involves the use of terrestrial radio frequency for analogue broadcasting, it shall be based on the analogue audiovisual licence as well as the emission licence, which shall be granted, under the conditions of the law, by the National Authority for Administration and Regulation in Communications of the Audiovisual License Holder. ------------ Alin. ((1) art. 59 59 has been amended by section 37 37 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((2) Where the dissemination of a programme service involves the use of a terrestrial radio frequency for digital transmission, it shall be based on the licence for the use of radio frequencies in the digital terrestrial system and for the benefit only digital audiovisual licence holders. ------------ Alin. ((2) art. 59 59 has been amended by section 37 37 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) The operation and exploitation of audiovisual licences by persons other than their rightful holders shall be prohibited. (4) The licenses for the use of radio frequencies in terrestrial digital system shall be granted by the National Authority for Administration and Regulation in Communications of some multiplex broadcasting/television operators, on the basis of selection procedures organised by this and in line with the strategy for the transition from terrestrial analogue to terrestrial digital television and the implementation of digital multimedia services at national level. ------------ Alin. ((4) art. 59 59 has been introduced by section 38 38 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (5) The granting of licences for the use of radio frequencies in the digital terrestrial system may be conditional on the payment to the state budget of a licence fee. ------------ Alin. ((5) art. 59 59 has been introduced by section 38 38 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (6) The way of conducting the procedures provided in par. (4), the conditions for the granting of licenses for the use of radio frequencies in terrestrial digital system, as well as the amount of the license fee provided in par. (5) shall be established by Government decision, initiated by the General Secretariat of the Government, at the proposal of the National Authority for Administration and Regulation in Communications. ------------ Alin. ((6) of art. 59 59 has been amended by section 5 5 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. (7) The criteria for prequalification of a technical, administrative and/or financial nature and the obligations to be assumed by persons who obtain the licences for the use of radio frequencies in the digital terrestrial system shall be established by the tasks carried out in order to organise the selection procedures, a document which takes into account the strategy for the transition from terrestrial analogue to digital terrestrial television and the implementation of digital multimedia services at national level, adopted pursuant to the provisions of this law. ------------ Alin. ((7) art. 59 59 has been introduced by section 38 38 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 59 has been amended by point 45 45 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 59 ^ 1 During the transition period from terrestrial analogue to terrestrial digital television, as defined by the Transition Strategy from terrestrial analogue to terrestrial digital television and the implementation of digital multimedia services at national level, radio frequencies can be used in terrestrial digital system and on the basis of an agreement issued by ANCOM. ------------ Art. 59 ^ 1 was introduced by item 6 6 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. + Article 60 The procedure, as well as the conditions for issuing and amending the broadcasting license, shall be established by decision of the President of the National Authority for Administration and Regulation in Communications. ------------ Article 60 has been amended by section 6.6. 39 39 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 46 46 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 61 (1) The emission licence shall be granted for a period of 9 years, both in the field of sound and television broadcasting. ((. The term shall run from the date of issue of the technical operating authorization. (3) The license may be extended, upon request, from 9 to 9 years, under the conditions established by the National Authority for Administration and Regulation in Communications. ------------- Alin. ((3) art. 61 61 has been amended by section 61 61 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 of 3 December 2008, with art. I ^ 1, by replacing the phrase "National Communications Authority" with the phrase "National Authority for Administration and Regulation in Communications". + Article 61 ^ 1 (1) The term of validity of the licence for the use of radio frequencies in the digital terrestrial system shall be 10 years from the date of its communication. (2) The license to use radio frequencies in terrestrial digital system can be extended from 10 to 10 years, under the conditions established by the National Authority for Administration and Regulation in Communications. ((3) When extending the period of validity of the license for the use of radio frequencies in terrestrial digital system, the National Authority for Administration and Regulation in Communications may review the conditions that were envisaged when granting Initial license. (4) In the situation referred to in par. (3), the National Authority for Administration and Regulation in Communications informs the holder of the license for the use of radio frequencies in terrestrial digital system regarding the changes to be operated and grants him a term of conforming in proportion to their qualitative and quantitative nature. ------------ Art. 61 ^ 1 was introduced by item 1. 40 40 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 47 47 ^ 1. + Article 62 (1) The holder of the emission licence or licence for the use of radio frequencies in the digital terrestrial system shall have the obligation to pay annually, in advance, a spectrum usage tariff, established by the National Authority for Administration and Regulation in Communications, with the exception of the holder of the broadcasting licence which transmits the public broadcasting and television programmes. ------------ Alin. ((1) art. 62 62 has been amended by section 41 41 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 48 48 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Alin. ((2) art. 62 62 has been repealed by section 6.6. 42 42 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 48 48 ^ 1. (3) The obligation to pay the tariff corresponding to the first year of validity of the license shall become due within 45 days from the communication of the broadcasting license or the license for the use of radio frequencies in the digital terrestrial system. ------------ Alin. ((3) art. 62 62 has been amended by section 41 41 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 48 48 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) The tariff provided in par. (1) shall be paid to the National Authority for Administration and Regulation in Communications. ------------ Alin. ((4) art. 62 62 has been amended by section 41 41 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 48 48 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Alin. ((5) art. 62 62 has been repealed by section 6.6. 42 42 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 48 48 ^ 1. + Article 62 ^ 1 The multiplex operator broadcasting the public broadcasting and television programmes, holder of the licence for the use of radio frequencies in the digital terrestrial system, is obliged to pay a fee for the use of the radio spectrum diminished corresponding to the bandwidth allocated/assigned to their transport. ------------ Article 62 ^ 1 was introduced by the section 42 42 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 48 48 ^ 2. + Article 63 Monitoring and control of the parameters set out in the emission licences, licences for the use of radio frequencies in the digital terrestrial system, as well as in the technical authorization to the technical regulations in force in the field of radio communications, respectively their monitoring and control during their period of validity is carried out by the National Authority for Administration and Regulation in Communications, based on a procedure established by it. ------------ Article 63 has been amended by section 6.6. 43 43 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 49 49 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 64 The National Authority for Administration and Regulation in Communications may modify the emission licenses and licenses for the use of radio frequencies in terrestrial digital system, without interruption of the program service and with the provision of a reception of equivalent quality under the conditions laid down in art. 14 14 para. (2) and (3) of Government Emergency Ordinance no. 79/2002 on the general regulatory framework for communications, approved with amendments and additions by Law no. 591/2002 , with subsequent amendments and completions. ------------ Article 64 has been amended by section 4. 44 44 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 50 50 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 65 The broadcasting license may be revoked or suspended, as the case may be, by the National Authority for Administration and Regulation in Communications, by decision of the President, in the following situations: ----------- The introductory part of art. 65 65 has been amended by section 4.2 3 3 of art. III of EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 , published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. a) the holder does not obtain, for reasons attributable to him, the technical authorization to operate within 12 months from the date of obtaining the broadcasting license; b) following the withdrawal of the analogue audiovisual licence; c) for the serious or repeated violation of the obligations provided for in the broadcasting license; ------------ Lit. c) of art. 65 65 has been amended by section 4.2 7 7 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. d) the holder does not submit to the National Authority for Administration and Regulation in Communications, within 6 months from the date of application of a fine, proof of its payment; e) at the holder's request; f) non-payment, by the holder, within 45 days of the maturity, of the spectrum use tariff. ------------ Lit. f) of art. 65 65 has been amended by section 4.2 7 7 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. ------------ Article 65 has been amended by section 6.6. 45 45 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 51 51 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 65 ^ 1 The license for the use of radio frequencies in terrestrial digital system may be revoked or suspended, as the case may be, by the National Authority for Administration and Regulation in Communications, by decision of the President, in the following situations: ----------- The introductory part of art. 65 65 ^ 1 has been amended by section 4.2 4 4 of art. III of EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 , published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. a) for serious or repeated violation of the obligations provided in the license; ----------- Lit. a) of art. 65 65 ^ 1 has been amended by section 4.2 8 8 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. b) non-payment, by the holder, within 45 days of the maturity, of the spectrum usage tariff; ----------- Lit. b) of art. 65 65 ^ 1 has been amended by section 4.2 8 8 of art. unique from LAW no. 67 67 of 28 March 2013 published in MONITORUL OFFICIAL no. 176 176 of 1 April 2013, which approves with amendments EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. c) at the holder's request; d) following the withdrawal of the general authorisation regime; e) the holder does not submit to the National Authority for Administration and Regulation in Communications, within 6 months from the date of application of a fine, proof of its payment. ------------ Art. 65 ^ 1 was introduced by item 46 46 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 51 51 ^ 1. + Article 66 (1) The emission licence may be transferred to a third party only together with the analogue audiovisual licence, with the prior consent of the Council and of the National Authority for Administration and Regulation in Communications, with the assumption by the new holder of the all obligations arising from the licences and the presentation of the tax certificate of the titular company of the licence. (2) The license for the use of radio frequencies in terrestrial digital system may be ceded to a third party only with the prior consent of the National Authority for Administration and Regulation in Communications, with the advisory opinion of the National Council of Audiovisual and only with the assumption by the new holder of all obligations arising from the license. ------------ Article 66 has been amended by section 6.6. 47 47 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 52 52 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 68 In order to ensure the public interest, the Council shall review the national territory's coverage strategy with audiovisual programme services on an annual basis. + Article 69 The National Authority for Administration and Regulation in Communications proposes the distribution of radio frequencies on multiplexes, based on the results obtained at the international coordination of frequencies. ------------ Article 69 has been amended by section 6.6. 48 48 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 52 52 ^ 2. + Article 73 (1) The use of terrestrial and terrestrial television broadcasting stations under the jurisdiction of Romania, for the purpose of providing any program service on the territory of Romania, can be done only after obtaining technical authorization from the National Authority for Administration and Regulation in Communications, based on the procedure established by it. ----------- Alin. ((1) of art. 73 73 has been amended by section 5 5 of art. III of EMERGENCY ORDINANCE no. 19 19 of 23 February 2011 , published in MONITORUL OFFICIAL no. 146 146 of 28 February 2011. (2) The procedure provided in par. (1) is approved by decision of the President of the National Authority for Administration and Regulation in Communications. ------------ Article 73 has been amended by section 6.6. 49 49 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 53 53 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 74 (1) The retransmission of programme services by the service distributors shall be made only on the basis of the opinion issued by the Council. (2) In order to obtain the opinion distributors have the obligation to communicate to the Council the structure of the offer of retransmitted programs. (3) The service distributors may modify the structure of the programme service offered only with the consent of the Council. ------------ Alin. ((3) of art. 74 74 has been amended by section 54 54 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (. The Council shall withdraw the opinion referred to in paragraph (1) where a service distributor retransmits without right a programme service. ------------ Alin. ((4) of art. 74 74 has been amended by section 54 54 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (5) The person intending to provide audiovisual media services on request has the obligation to transmit to the Council, at least 7 days before the start of the activity, a notification of this intention, which must contain the the data referred to in art. 48 lit. a)-c). ------------ Alin. ((5) of art. 74 74 has been introduced by section 55 55 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 75 (1) The retransmission of any program service, broadcast legally by broadcasters under the jurisdiction of Romania or under the jurisdiction of a state with which Romania has concluded an international free broadcasting agreement in the field of broadcasting, is free, under the law. (2) The retransmission on the territory of Romania of the program services, broadcast by broadcasters under the jurisdiction of the Member States of the European Union, is free and does not require any prior authorization. ------------ Alin. ((2) of art. 75 75 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 3 3 of 9 February 2006 , published in MONITORUL OFFICIAL no. 133 133 of 13 February 2006. (. The Council may temporarily restrict the right of retransmission of a particular programme service from the Member States of the European Union if the following conditions are met: a) the program service violates explicitly, significantly and seriously the provisions of art. 39 39 or 40; b) during the last 12 months the broadcaster has violated at least twice the provisions of art. 39 39 or 40; c) The Council has notified in writing to the broadcaster concerned and to the European Commission those infringements and of the measures it intends to take if such a breach occurs again; d) consultations with the Member State of the European Union on the territory of which the transmission is made and with the European Commission have not materialized in an amicable settlement, within 15 days of the notification provided for in lett. c), and the violation referred to continues, provided that, within two months of notification of the measures taken by Romania, the Commission has not taken a decision on the incompatibility of these measures with regard to Community legislation. ------------- Lit. d) a par. ((3) of art. 75 75 has been amended by section 4.2 13 13 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 75 ^ 1 ((. In the case of an on-demand audiovisual media service from the Member States of the European Union, the Council may temporarily restrict the right of retransmission if such a measure is necessary for one of the following reasons: a) public order, in particular the prevention, investigation, detection and prosecution of crimes, including the protection of minors and the fight against incitement to hatred on the grounds of race, sex, religion or nationality and against the violation of human dignity on individuals; b) protection of public health; c) public security, including the protection of national security and defence; d) consumer protection, including investors. (2) The measure provided in par. ((1) may be taken if the following conditions are met cumulatively: a) the on-demand audiovisual media service affects the objectives set out in par. ((1) lit. a)-d) or if it presents a serious and serious risk of harm to these objectives; b) the measure and duration of the restriction of the right to free retransmission should be proportional to the objectives provided in par. ((1) lit. a)-d); c) The Council has requested the competent authority of the Member State of the European Union under whose jurisdiction the service provider is to take action and it has not taken measures or measures taken have been inadequate; d) The Council has notified the European Commission and the competent authority of the Member State of the European Union under whose jurisdiction the service provider is concerned to take such measures. (3) In cases of urgency, the Council may derogate from the conditions laid down in paragraph 1. ((2) lit. c) and d). In this situation, the measures shall be notified to the European Commission and to the Member State of the European Union under whose jurisdiction the service provider is located, as soon as possible, indicating the reason why it is considered that there is an emergency. ((4) If the European Commission concludes that the measures are incompatible with Community law, the Council shall have the measures envisaged or the urgent cessation of their application. ------------ Article 75 ^ 1 has been introduced by item 1. 56 56 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 76 Any distributor of services that retransmits a program service that falls within the provisions of art. 75 75 para. ((1) and (2) notify the Council of the State under whose jurisdiction the broadcaster is located and, where applicable, the retransmission acceptance granted, which includes the technical and quality parameters of the retransmission, established between broadcasters and service distributors. ------------ Article 76 has been amended by section 6.6. 57 57 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 77 Retransmission of a program service that does not fall within the provisions of art. 75 75 para. ((1) and (2) may be made only on the basis of the retransmission authorization. + Article 78 Any interested person, having the editorial responsibility of a program service, may ask the Council to issue a retransmission authorization for a specific program service. ------------- Article 78 has been amended by section 6.6. 14 14 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 79 The procedure for issuing, amending and withdrawing the retransmission authorization shall be determined by decision of the Council. + Article 80 The retransmission of any program service that has obtained retransmission authorization can be made free, by any service distributor, without any prior authorization, under the conditions of art. 74. + Article 81 The Council shall publish annually the list of programme services benefiting from the retransmission authorisation. + Article 82 (1) Any distributor who retransmits program services through electronic communications networks, except those who use radio spectrum exclusively, shall include in his offer the program services of the Romanian Society of Television intended for the public in Romania, as well as other program services, free to retransmission and without technical or financial conditionings, of private broadcasters, under the jurisdiction of Romania, within the limit of 25% of the total number of programme services distributed through the network, as well as the television services of the obligation of retransmission is established by international agreements to which Romania is a party. The split criterion for private broadcasters is the descending order of the annual audience index. ------------ Alin. ((1) art. 82 82 has been amended by section 50 50 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 58 58 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((2) Distributors who retransmit program services have the obligation, at regional and local level, to include in their offer at least two regional programs and two local programs, where they exist; descending of the audience. ------------ Alin. ((2) of art. 82 82 has been amended by section 58 58 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) In rural areas, for networks with less than 100 subscribers the Romanian Television Society can provide free reception of public programs, in order to rebroadcast. (4) In localities where a national minority represents a share of more than 20% distributors will also provide services for the transmission of programs that are free to retransmission, in the language of that minority. (5) Within the limits of the possibilities, distributors who retransmit program services through electronic communications networks will include in their program offers the public services of the Romanian Broadcasting Society, of a program of national broadcasting and a local, private broadcasting programme. ------------- Alin. ((5) art. 82 82 has been amended by section 61 61 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 of 3 December 2008, with art. I ^ 1, by replacing the phrase "telecommunications networks" with the phrase "electronic communications networks". + Chapter VI Limits of the exclusive right + Article 83 Any person has the right to receive audio or audiovisual information on any matter or event of public interest. + Article 84 (1) For this purpose the extent of the exclusive right of exclusivity acquired by a broadcaster, hereinafter referred to as the primary broadcaster, is limited by the right of any other broadcaster, hereinafter referred to as a secondary broadcaster, to broadcast extracts with regard to the event, provided that it does not prejudice the author or the holder of the rights of exploitation, as follows: a) by recording the signal of a primary broadcaster for the purpose of broadcasting an extract; b) by ensuring by the organizer or other persons entitled the access of the secondary broadcaster to the places where the public interest event takes place, for the realization of their own records for the purpose of editing an extract. (2) Access provided in par. ((1) lit. b) guarantees free choice for broadcasters of short extracts from the signal of the broadcaster performing the transmission, with at least the identification of the source, unless this is impossible for practical reasons. ------------ Alin. ((2) of art. 84 84 has been introduced by section 59 59 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) As an alternative, the Council may establish an equivalent system ensuring access under fair, reasonable and non-discriminatory conditions by other means. ------------ Alin. ((3) of art. 84 84 has been introduced by section 59 59 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 85 ((1) The extract represents a short succession of images and sounds regarding an event of public interest, in order to inform the public on the essential aspects of that event. (2) If an event of general interest is made up of several autonomous elements from an organizational point of view, each element will be considered an event of public interest. (3) If an event of general interest is carried out over several days, secondary broadcasters shall be entitled to the dissemination of a single extract for each day. ((4) Regardless of the composition and conduct of the event of general interest, the duration of the extract will not be able to exceed 90 seconds. ------------ Alin. ((4) of art. 85 85 has been amended by section 60 60 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((5) Extracers may be used by broadcasters only in news programmes no more than 24 hours after the original transmission. In the case of on-demand audiovisual media services, they can only be used if the same programme is offered in the form of registration by the same audiovisual media service provider. ------------ Alin. ((5) of art. 85 85 has been amended by section 60 60 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (6) All elements of the program or of the registration not used to make the extract will be destroyed by the secondary broadcaster after the release of the extract. (7) If the extract is made by registering the signal of a primary broadcaster, he must mention his name or contain the logo of him, unless the broadcasters involved decide otherwise. ((8) The extract cannot be broadcast before the primary broadcaster has broadcast the event, unless the primary broadcaster does not broadcast the event for 24 hours after its production. (9) An extract broadcast may not be rebroadcast unless there is a direct link between its contents and another topical event. (10) Subject to other arrangements agreed between the parties, the primary broadcasters will not be able to impose on secondary broadcasters the payment of the right to broadcast an extract. Where compensation is provided, they may not exceed the additional costs directly generated by the provision of access. ------------ Alin. ((10) of art. 85 85 has been introduced by section 61 61 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 86 ((1) Any broadcaster under the jurisdiction of Romania or another Member State of the European Union shall have access, under fair, reasonable and non-discriminatory conditions, to events of great interest to the public, transmitted exclusively by a broadcaster under the jurisdiction of Romania, in order to carry out short news reports, in compliance with the provisions of art. 85. (2) In the case of broadcasters under the jurisdiction of the same Member State of the European Union with the broadcaster having obtained exclusive rights to the event, access for the purpose of short news reports shall be requested the respective broadcaster. ------------ Article 86 has been amended by art. unique from LAW no. 95 95 of 1 July 2014 , published in MONITORUL OFFICIAL no. 500 500 of 4 July 2014. + Chapter VII Contraventions and penalties + Article 87 Any contractual clauses, regardless of parties, which violate, in the field of broadcasting, the right of the public to receive information of public interest and free competition are void. + Article 88 (1) The supervision of compliance, the control of the fulfilment of obligations and the sanctioning of the violation of the provisions of the present law, as well as of the decisions and instructions of a normative nature issued on the basis of the exception of the provisions applicable to emission licences, licences for the use of radio frequencies in the digital terrestrial system or technical authorisations, the observance, supervision, control and enforcement of infringements respectively National Authority for Administration and Regulation in Communications, in compliance with the duties it has, according to the law. ------------ Alin. ((1) art. 88 88 has been amended by section 52 52 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 63 63 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Alin. ((2) art. 88 88 has been repealed by section 6.6. 53 53 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 63 63 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (3) In the exercise of supervisory tasks the control personnel may require the media service providers or service distributors the necessary information in the application of this law, stating the legal basis and the purpose of the request, and may set deadlines by which this information is provided, under the sanction provided for by this Law. ------------ Article 88 has been amended by section 6.6. 63 63 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 89 Exercise of the control activity provided in art. 88 is carried out, under the present law, as follows: a) ex officio; b) at the request of a public authority c) as a result of the complaint filed by a natural or legal person directly affected by the violation of the provisions of this law. d) as a result of the complaint filed by non-governmental organizations specialized in protecting human rights, the rights of women and children. ----------- Lit. d) a art. 89 89 was introduced by the single article of LAW no. 116 116 of 19 May 2008 , published in MONITORUL OFFICIAL no. 384 384 of 21 May 2008. + Article 90 (1) The following facts are contraventions: a) the dissemination of a cinematographic work outside the periods provided for in the contracts concluded with the copyright holders; b) the use of subliminal techniques in audiovisual commercial communication; c) the use of audiovisual commercial communication with masked advertising content; d) non-compliance with the legal provisions on the granting of e) the dissemination of a program service outside the area specified in the audiovisual license; f) the exploitation of audiovisual licences by persons other than their rightholders; g) programming and providing programs, in violation of the provisions of art. 27 27, art. 28 28, art. 29 29 para. ((1)-(7), art. 31 31 para. ((7), art. 32 32, art. 34 34, art. 35 35 para. ((1), art. 36 36, art. 39 39, art. 40 40, art. 41 41, art. 42 ^ 1 and art. 85 85 para. ((3)-(9); ------------ Lit. g) a par. ((1) of art. 90 90 has been amended by section 4.2 2 2 of art. I of LAW no. 103 103 of 8 July 2014 , published in MONITORUL OFFICIAL no. 518 518 of 11 July 2014. h) non-compliance with 3 3, art. 17 17 para. ((4), art. 49 49, art. 54 54 para. ((2) and art. 58 58 para. ((1); ------------ Lit. h) a par. ((1) art. 90 90 has been amended by section 4.2 54 54 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 64 64 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. i) retransmission by a distributor of a program service that does not fall within the provisions of art. 75 75 para. ((1) and (2) and has not obtained the retransmission authorization; j) retransmission by distributors of program services, in violation of the provisions of art. 74 74 and 82; k) the provision of a media service without holding the audiovisual license or in the absence of the notification provided in art. 74 74 para. ((5); l) refusal of the supplier or distributor of media services to communicate to the control personnel, under the conditions provided in art. 88 88 para. (3), the information requested. ------------ Alin. ((1) of art. 90 90 has been amended by section 64 64 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((2) The facts provided in par. (1) is sanctioned with a fine of 10,000 lei to 200,000 lei. ------------ Alin. ((2) art. 90 90 has been amended by section 54 54 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 64 64 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ((3) If the Council decides that the effects of a measure referred to in paragraph (1) are minor, will address a public notice of entry into law. (4) The individualization of the sanction in case of committing one of the contraventions provided for in this law shall be made taking into account the seriousness of the act, its effects, as well as the sanctions received previously, for a period of no more than one year. + Article 90 ^ 1 (1) It constitutes contraventions and the following facts: a) transmission of program services without technical authorization; ---------- Lit. a) a par. ((1) of art. 90 90 ^ 1 as amended by section 4.2 1 1 of art. 109 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) non-compliance with technical data, parameters or conditions in the broadcasting license, from the license for the use of radio frequencies in terrestrial digital system or from the technical authorization; c) the deed of the holder of the broadcasting license or of the holder of the license for the use of radio frequencies in terrestrial digital system to refuse to submit to the control or to provide the authorized persons with the requested documents. ((2) The facts provided in par. (1) is sanctioned with a contravention fine from 5,000 lei to 100,000 lei. ------------ Art. 90 ^ 1 was introduced by item 55 55 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 64 64 ^ 1. + Article 91 (1) It constitutes a contravention of non-compliance by the suppliers or distributors of services of the provisions of the present law provided in art. 22 22 para. ((1), art. 24 24 para. ((1) and (2), art. 26 ^ 1 para. ((1), art. 31 31 para. ((1), (3), (4) and (5), art. 39 39 ^ 1 and art. 48, as well as decisions having a normative character issued by the Council. ------------ Alin. ((1) art. 91 91 has been amended by section 56 56 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 65 65 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) In the cases provided in par. (1) The Council shall issue an injunction containing precise conditions and time limits for entry into law. (3) If the supplier or the service distributor does not enter into law within the period and under the conditions established by summons or violates these provisions again, a contravention fine of 5,000 lei per 100,000 lei shall be applied. ------------ Alin. ((3) art. 91 91 has been amended by section 56 56 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 65 65 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. ------------ Article 91 has been amended by section 6.6. 65 65 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 91 ^ 1 Repealed ------------ Article 91 ^ 1 has been repealed by point (a). 66 66 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. + Article 92 Amount of contravention fines provided for in art. 90 and 91 can be updated by Government decision, depending on the evolution of the inflation index. + Article 93 (1) Sanctions for violation of the provisions of this law shall be applied by acts issued by the Council or by the National Authority for Administration and Regulation in Communications, acting through the specialized personnel empowered in this purpose. ------------ Alin. ((1) art. 93 93 has been amended by section 57 57 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 67 67 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (2) The sanctions decisions adopted by the Council in accordance with the provisions of art. 90 and 91 produce their effects from the date of communication. (3) Acts issued under the conditions provided in par. (1) may be appealed directly to the administrative section of the court of appeal, without the need to make a prior complaint, within 15 days of communication; the 15-day period shall not suspend the effects thereof. ------------ Alin. ((3) art. 93 93 has been amended by section 57 57 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 790 of 19 November 2009, amending section 67 67 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. (4) Acts issued under the conditions of par. ((1) and unattacked within the period provided in par. (3) constitutes an enforceable title. ----------- Article 93 was amended by paragraph 1. ((4) art. 14 of LAW no. 510 510 of 17 November 2004 , published in MONITORUL OFFICIAL no. 1.082 of 22 November 2004, by replacing the phrase "Ministry of Communications and Information Technology" with the abbreviation "IGCTI". + Article 93 ^ 1 (1) The broadcaster to which a sanction has been applied or has been addressed an injunction for entry into law by the Council is required to communicate to the public the reasons and subject matter of the sanction or of the injunction, in the wording submitted by the Council. (2) In the case of television program services, the text of the summons or sanction shall be broadcast in the following 24 hours from communication, sound and visual, at least 3 times, between 18,00-22,00, of which once in the main issue of News. (3) In the case of sound broadcasting program services, the text of the summons or sanction shall be broadcast in the following 24 hours of communication, at least 3 times, between 6,00-14,00, of which once in the main news show. (4) For the services of television programs or sound broadcasting which, in the time frames specified in par. ((2) and (3), retransmit another service of programs, the method of broadcasting is established by the decision to sanction or in summons. (5) Failure to comply with par. (1)-(4) is sanctioned with a contravention fine from 2,500 lei to 50,000 lei. ------------ Art. 93 ^ 1 was introduced by item 58 58 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 67 67 ^ 1. + Article 94 The contraventions found by the National Authority for Administration and Regulation in Communications are applicable to the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , as amended, except for the provisions of art. 28 28 para. ((1) and of art. 32. ------------ Article 94 has been amended by section 4. 58 58 of the single article of LAW no. 333 333 of 11 November 2009 , published in MONITORUL OFFICIAL no. 790 of 19 November 2009, which complements art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008, with point 67 67 ^ 2. + Article 95 (1) In the case of repeated commission of one of the facts provided in art. 90 90 para. ((1) and in art. 91 91 para. (. The Council may decide to apply one of the following sanctions: ---------- The introductory part of para. ((1) art. 95 95 was amended by the single article of LAW no. 197 197 of 22 May 2006 , published in MONITORUL OFFICIAL no. 453 453 of 25 May 2006. a) obliging the broadcaster to broadcast for 10 minutes, between 19,00 and 19,10, only the text of the sanction decision; b) obliging the broadcaster to broadcast for 3 hours, between 18,00 and 21.00, only the text of the sanction decision; c) reduction by half of the term of validity of the audiovisual license, combined with the sanction provided in lett. a). (2) The sanctions provided in par. (1) may be applied only gradually, as follows: a) the sanction provided in lett. a), only after, in advance, the broadcaster has been fined at least twice; b) the sanction provided in lett. b), only after the application of at least two times the sanction provided in par. ((1) lit. a); c) the sanction provided in lett. c), only after the application of at least two times the sanction provided in par. ((1) lit. b). ------------- Alin. ((3) of art. 95 95 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 3 3 of 9 February 2006 , published in MONITORUL OFFICIAL no. 133 133 of 13 February 2006. ------------- Article 95 has been amended by section 6.6. 20 20 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 95 ^ 1 The Council may decide to withdraw the audiovisual licence or the right to provide the on-demand audiovisual media service, in the case of repeated commission by the media service provider of one of the following facts: ------------ The introductory part of art. 95 95 ^ 1 has been amended by section 4.2 68 68 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. a) inciting the public to national, racial or religious hatred; b) explicit incitement to public violence; c) incitement to actions aimed at the dissolution of the state authority; d) incitement to terrorist actions. ------------- Article 95 ^ 1 has been introduced by section 1. 21 21 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 95 ^ 2 (1) Decisions issued under the terms of art. 95 and 95 ^ 1 can be appealed to the administrative section of the court of appeal; the resolution of the case is made no later than 15 days after the referral. (2) The appeal does not suspend the sanction of the sanction, but the court may decide, upon request, after 24 hours from the registration of the appeal, the suspension of the sanction until the final and irrevocable decision. (3) The judgment of the appellate court may be appealed to the Supreme Court of Justice. (4) The judgment of the Supreme Court of Justice shall be final and irrevocable and shall be taken no later than 10 days after the appeal. ------------- Art. 95 ^ 2 was introduced by section 4.2. 21 21 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. + Article 96 (1) It constitutes a criminal offence and is punishable by imprisonment from one month to one year or by fine the transmission of television program services or broadcasting without broadcasting license or license for the use of radio frequencies in digital system terrestrial. (2) In case of committing the crimes provided in par. (1) the court may also order the application of the provisions of the Criminal Code on special ---------- Article 96 has been amended by section 6.6. 2 2 of art. 109 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter VIII Transitional and final provisions + Article 97 (1) The broadcasting licences for radio-electric communication, granted on the basis of the provisions Audiovisual Law no. 48/1992 , as amended, constitute audiovisual licenses, under the conditions of this law, and remain valid until the expiry of the right of the deadlines for which they were granted; the procedure for granting the broadcasting licenses is subject to the same conditions. ------------- Alin. ((1) of art. 97 97 has been amended by section 24 24 of art. I of LAW no. 402 402 of 7 October 2003 , published in MONITORUL OFFICIAL no. 709 709 of 10 October 2003. (2) Decisions of a normative nature issued by the Council pursuant to art. 32 32 para. ((1) of Law no. 48/1992 , with subsequent amendments and completions, shall retain its validity for no more than one year from the date of entry into force of this Law. (3) Broadcasting licences for broadcasting or television broadcasting in the sense art. 22 22 of Law no. 48/1992 , with subsequent amendments and completions, retains its validity, under the law. + Article 98 (1) As from the date of entry into force of this Law, the salary of civil servants and personnel with an individual employment contract in the Council shall be at the level corresponding to the other autonomous public authorities under control of Parliament, according to Annex no I section II of Government Emergency Ordinance no. 24/2000 on the basic salary establishment system for contract staff in the budgetary sector, with subsequent amendments and completions. (. In addition to the basic salary and allowances provided for by the labour law, the staff of the Council's own apparatus shall also benefit from the following bonuses: -stability increase of 5-20% of the basic salary; for persons with a seniority in the institution of at least 2 years, 5%, and for each year in addition 3%, without exceeding a total increase of 20%; ------------- Second indent of paragraph 2. ((2) of art. 98 98 has been repealed by section 6.6. 12 12 of art. 49, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. -annual award corresponding to the basic salary made in the last month of the year for which the payment is made. + Article 99 Audiovisual Law no. 48/1992 , published in the Official Gazette of Romania, Part I, no. 104 of 25 May 1992, as amended and supplemented, and any other provisions to the contrary shall be repealed. This law transposes the provisions Directive 89 /552/EEC of the European Parliament and of the Council of 3 October 1989 on the coordination of certain provisions laid down by law or administrative provisions in the Member States relating to the provision of audiovisual media services (Audiovisual media services directive), published in the Official Journal of the European Communities L series no. 298 298 of 17 October 1989, as amended by Directive 97 /36/EEC and of Directive 2007 /65/EC . ------------ The entry for the transposition of the Community rules was introduced by point 71 71 of art. I of EMERGENCY ORDINANCE no. 181 181 of 25 November 2008 , published in MONITORUL OFFICIAL no. 809 809 of 3 December 2008. 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. (1) 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. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA + Annex Warning sign, distinctive symbol of people with hearing impairments: a) the warning sign shall be white in blue; b) the size of the warning sign will be at least 30 points in SD, standard definition, and 60 in HD format, high definition. -------------- image ------------ The Annex was introduced by item 3 3 of art. I of LAW no. 103 103 of 8 July 2014 , published in MONITORUL OFFICIAL no. 518 of 11 July 2014, having the content set out in the Annex of the same normative act ------