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Law No. 528 Of 17 July 2002 Approving Ordinance No. 22/1999 Concerning The Management Of Ports And Port Services

Original Language Title:  LEGE nr. 528 din 17 iulie 2002 pentru aprobarea Ordonanţei Guvernului nr. 22/1999 privind administrarea porturilor şi serviciile în porturi

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LEGE no. 528 528 of 17 July 2002 for approval Government Ordinance no. 22/1999 on port management and services in ports
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 591 591 of 9 August 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 22 22 of 29 January 1999 on the administration of ports and services in ports, published in the Official Gazette of Romania, Part I, no. 42 of 29 January 1999, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " ORDINANCE on the administration of ports and waterways, as well as the carrying out of shipping activities in ports and on waterways " 2. Article 1 shall read as follows: "" Art. 1. -This ordinance regulates the administration and use of shipping infrastructure, the organization and operation of port and/or waterway administrations, as well as how to authorise and conduct business activities. shipping. " 3. After Article 1, Articles 1 ^ 1 and 1 ^ 2 shall be inserted as follows: "" Art. 1 1 ^ 1. -The provisions of this ordinance shall apply in ports and on waterways, vessels and shipping activities that take place in these areas. Article 1 ^ 2. -The provisions of this ordinance do not apply in military ports and in areas where military activities are carried out exclusively, as well as military ships, respectively of the Ministry of National Defence and the Ministry of Interior. " 4. Article 2 shall be repealed. 5. Article 3 shall read as follows: "" Art. 3. -(1) The Ministry of Public Works, Transport and Housing, hereinafter referred to as the Ministry, is the state authority in the field of naval transport, which develops and coordinates the transport system's policy and development programmes naval and, as a regulatory authority, develop and promote the normative acts and specific rules regarding the administration, use and concession of the shipping infrastructure, the conduct of shipping activities in the ports and national navigable waters of Romania and ensure the fulfilment of the obligations of the state from the international agreements and conventions to which Romania is a party. (2) The Ministry shall carry out the tasks referred to in ((1) directly, by the Directorate-General for maritime transport, on the Danube and waterways, hereinafter referred to as direction, or, by delegation of power, where appropriate, by public institutions, autonomous regions, national companies or companies commercial subordinated or under his authority. (3) The Directorate coordinates public institutions, national companies, autonomous regions and commercial companies in the field of shipping provided in par. ((2) and control the port and/or waterway administrations in respect of the application of the provisions of this ordinance. " 6. After Article 3, insert Article 3 ^ 1 with the following contents: "" Art. 3 3 ^ 1. --(1) Applying port policies and development programs for port and waterway infrastructures, developed by the ministry, ensuring the functionality of ports and shipping infrastructure, managing them and the pursuit or provision of the provision of safety services and the provision of ancillary activities provided in 5 ^ 11 para. ((1) lit. c) section 1 1 shall be made by the port and/or waterway administrations, hereinafter referred to as administrations. ((. Administrations shall serve as port and/or waterway authorities. " 7. After Article 3 ^ 1, the following Chapter I ^ 1 is inserted: "" Shipping infrastructure " 8. After the title of Chapter I ^ 1, Articles 3 ^ 2 and 3 ^ 3 are inserted with the following contents: "" Art. 3 3 ^ 2. -The shipping infrastructure is made up of the national navigable waters of Romania, the maritime or waterways areas, the lands on which the ports, the levees, the piers, the walls and other hydrotechnical constructions are located intended for the mooring of ships, hydrotechnical constructions related to ports, waterways and canals, locks, defences and reinforcements of banks and soles, access senals to ports, technological roads within the ports, or along the waterways and railways inside the ports. Art. 3 ^ 3. --(1) The ports are delimited areas of the national territory, situated at the waterfront or of a waterway, protected naturally or artificially against the waves, winds, currents and ice, built and equipped so as to allow, mainly, the reception and accommodation of ships, loading, unloading, transhipment, storage of goods, receiving and sending them by means of transport, boarding and disembarking of passengers. (2) The port includes the totality of aquariums, land, hydrotechnical constructions, access tracks, indoor rades, buildings, sheds, platforms, railways, roads, installations and equipment located within its perimeter. ((. The ports shall be classified as follows: a) in terms of ownership of the port land: 1. ports whose infrastructure belongs to the public domain; 2. ports whose infrastructure is private property; b) in terms of geographical location: 1. ports located on the waterfront; 2. ports situated on inland waterways; c) in terms of the object of activity: 1. commercial ports, mainly intended to carry out commercial traffic of goods and passengers; 2. marinas, intended principally for vessels and recreational craft; 3. fishing ports, mainly intended for fishing vessels; 4. military ports; d) in terms of access: 1. ports open to public access; 2 2. ports closed to public access. " 9. Article 4 shall be repealed. 10. Article 5 shall read as follows: "" Art. 5. -The limits of the port land shall be determined by the Ministry. " 11. After Article 5, Articles 5 ^ 1-5 ^ 10 are inserted with the following contents: "" Art. 5 5 ^ 1. -(1) Port rades shall be aquers intended for the accommodation or stationing of ships for entry into the port or, in special cases, of the operation of the vessels. Radas outside the harbor limits are outward laughs, and those inside the harbor boundaries are inner laughs. (2) Port acvatoriums are made up of all the water surfaces included within the confines of the ports. Article 5 ^ 2. -The ministry sets the limits of port radas. Art. 5 ^ 3. -(1) In order to be able to operate any port must obtain an authorization issued by the ministry on the basis of a specification. (2) In the specification the ministry establishes the criteria and procedures for the authorization of ports. (3) In the specifications of each port the ministry shall determine the conditions for carrying out the activities and the safety services that are mandatory in that port. (4) Failure to comply with the conditions set out in the specification may entail the suspension or cancellation of Article 5 ^ 4. -(1) The development of each port is carried out on the basis of a development plan, in accordance with the policy and development programs developed by the ministry and local public administrations. (2) The plans for the construction or development of ports, as well as the works on the modification of the existing shipping infrastructure shall be endorsed by the local public administrations and approved by the ministry. Art. 5 ^ 5. -(1) Constituent maritime or waterway area the strip of land, regardless of the form of land ownership, situated along the sea shore or inland waterway, on a width of 30 meters measured from the water's edge to the inside of the In the case of water with variable level, the water edge is considered the average water line. (2) In justified cases, on certain portions, the Government may decide to increase the width of the maritime or waterway area. (3) In ports the maritime or waterway area coincides with the port premises. (4) The maritime or waterway area is intended to: a) the installation of the signs and navigation signals necessary for the safe navigation; b) access for surveillance and safety-related interventions; c) to ensure the visibility of the signs and signals of navigation and to carry out safe navigation; d) ensuring the conditions of consolidation and protection of waterways. Art. 5 ^ 6. -In the maritime or waterway area, regardless of the form of ownership of land, works and any other installations and facilities that could jeopardize the safety of navigation by violating the provisions of art. 5 ^ 5 para. (4) can be executed only with authorization of the ministry. Article 5 ^ 7. -(1) In the maritime or waterway area administrations shall set up signs and signals of navigation, day and night, at the points they deem necessary for the safety of navigation. For this purpose, administrations may request, according to the legal provisions, to carry out the deforestation necessary to maintain the visibility of the signs and navigation signals. ((2) Owners or, where appropriate, land managers located in the maritime or waterway area are required to permit the installation of navigation signs and signals, to avoid their shuttling and to allow access for persons who carry out operations to verify and repair them, to strengthen and protect the waterways, as well as the machinery used in these operations. ((3) The costs of installation and maintenance of navigation signs and signals shall be borne by those administrations. Art. 5 ^ 8. -Work in port aquariums or in the bed of waterways, extraction dragons and the like can be executed, under the law, only after authorization by the ministry. During the performance of the works the executor has the obligation to ensure the signage according to the requirements imposed by Article 5 ^ 9. -The installation or construction of bridges or the installation of pipes or cables over or under the inland waterways or in ports is done under the law and with the authorization of the ministry. The owners or administrators of these facilities and constructions are required to mark and signal them according to the rules on navigation signage, to ensure the visibility of the respective signals and markings and to maintain them in Function. Art. 5 ^ 10. -The land on which the ports, embankments, piers, parks and other hydrotechnical constructions intended for the mooring of ships are located, the access tracks to the ports, the technological roads and the railways inside the ports, which are part from the public domain, can be awarded, rent or be given under the law. " 12. After Article 5 ^ 10, the following Chapter I ^ 2 is inserted: "" Shipping activities " 13. After the title of Chapter I ^ 2, Articles 5 ^ 11-5 ^ 13 are inserted as follows: "" Art. 5 ^ 11. -(1) For the purposes of this ordinance, the shipping activities taking place in ports and on waterways shall be classified as follows: a) transport of goods and/or persons with vessels, comprising: 1. public maritime or river transport of persons and/or goods, carried out by legal persons; 2. maritime or river transport of persons and/or goods, to their own use; 3. maritime or river transport of goods and/or persons, for personal interest; b) activities related to shipping activities, which include: 1. safety services in ports and on waterways, hereinafter referred to as safety services, such as: the piloting of maritime vessels at the entrance and exit of ports, between the berths of the same port and on the waterways, the binding of vessels maritime, seagoing of seagoing vessels in ports; 2. activities in connection with the operation of vessels, such as: loading/unloading of ships, storage, stacking, counting, sorting, marking, palletising, pachetizing, containerisation, bagging and other goods activities, expeditions domestic and international, agenturation, brokerage, cleaning of barns and ships ' sheds, bunkering, cleaning and degas of ship tanks; c) activities ancillary to shipping activities, comprising: 1. activities regarding the maintenance of the shipping infrastructure, such as: maintenance and repair of shipping infrastructures, terrestrial and floating signalling for navigation, maintenance dredge for securing depths in ports and waterways, the assistance of vessels in the operation of dangerous goods, the taking of residues and waste water from ships, the taking up of garbage and household debris from ships; 2. other activities, such as: execution of hydrotechnical constructions specific to shipping, divers works, supervision of unmanned vessels, services for recreational and tourism vessels, extraction dredging, water refurnization, Electric and thermal energy, assistance, rescue and ranfluation of ships, ship repairs, ship supply. (2) Economic agents carrying out the shipping activities established in par. ((1) lit. a) is authorized by the Ministry. A mandatory requirement for the authorization of economic agents for international shipping activity is the establishment of a monetary guarantee for the risk of non-payment and abandonment of crews abroad. (3) The Ministry shall establish the activities referred to in ((1) lit. b) section 2 and lit. c) section 2 that can be executed only by authorized economic agents, as well as the authorization criteria. Article 5 ^ 12. -(1) The activities referred to in art. 5 ^ 11 para. ((1) lit. c) section 1 shall be executed by administrations, directly or through economic agents, in accordance with the legislation in force and under the control of those administrations. (2) It is prohibited to administer the activities provided in art. 5 ^ 11 para. ((1) lit. b) section 2 and lit. c) section 2 2, except for the refurnization of water, electricity and heat, services for recreational vessels and tourism, rescue and ranfluation of ships, which shall be carried out by administrations or economic agents, as the case may be. Art. 5 ^ 13. -(1) The loading/unloading activities of the vessels and the embarkation/disembarkation of passengers shall be carried out, as a rule, only (2) In particular cases the activities referred to in par. (1) may be carried out, on request, and outside the ports, in points isolated to shore or on waterways. ((3) The criteria and method of obtaining approval for the establishment of an isolated point for the conduct of these activities shall be established by the Ministry. " 14. The title of Chapter II shall read as follows: "" Administration of ports and waterways " 15. Article 6 shall be repealed. 16. Article 7 shall read as follows: "" Art. 7. -The administrations provided for in art. 3 ^ 1 can be public institutions, autonomous kings, national companies or commercial companies. " 17. After Article 7, Articles 7 ^ 1-7 ^ 8 are inserted with the following contents: "" Art. 7 7 ^ 1. -(1) The administrations in the ports or on the waterways where the port infrastructure belongs to the public domain shall be established by Government decision. (2) At the ports where the infrastructure belongs to the private domain the powers of the administration are fulfilled by a legal person, designated by the infrastructure (3) The administrations provided in par. (2) may carry out their activity only with the ministry's opinion Article 7 ^ 2. -(1) The administrations have the obligation to draw up regulations of port exploitation and submit them for approval to the ministry. (2) The provisions of the regulations provided in par. ((1) are compulsory for all natural and legal persons carrying out shipping activities at that port. Article 7 ^ 3. -(1) The administrations have mainly the following duties and obligations: a) to ensure the repair, maintenance and maintenance of the minimum technical characteristics of the shipping infrastructure that has been leased to them or given into administration; b) to provide users with the shipping infrastructure provided in lett. a), in a non-discriminatory manner, in accordance with the regulations in force; c) to pursue or ensure the permanent provision of safety services; d) to keep records of port workers who perform loading/unloading activities of ships, storage, stacking, pachetizing, palletizing of goods, cleaning of ships and the like; e) to ensure coastal and floating signage, as well as minimum depths in ports and waterways; f) to ensure widespread signage in the port area, activity for which they can charge tariffs. (2) The administrations may carry out other activities that will be provided in the normative acts on their organization and functioning. Article 7 ^ 4. -By delegation of competence the administrations can also bring to fruition some obligations that return to the state from the international agreements and conventions to which Romania is part, such as: search and rescue of human lives at sea, intervention in pollution case, taking over residues, waste water, garbage and household debris from ships and the like. Article 7 ^ 5. -In order to carry out the activities aimed at bringing to fruition the obligations of the state from the international agreements and conventions to which Romania is a party, the administrations receive funds from the state budget, through the budget Ministry. Article 7 ^ 6. -(1) For the making available to users of the shipping infrastructure and for the provision of services administrations shall charge tariffs established according to the legislation in force. (2) The administrations have the obligation to make public the tariffs provided in par. (1), as well as the facilities that are granted on payment of these tariffs. (3) The facilities referred to in par. ((2) shall be granted in a non-discriminatory manner. Article 7 ^ 7. -(1) Economic agents carrying out shipping activities in ports and waterways are required to transmit to the administrations in whose area all the data requested by them on the volume of Cargo operated, cargo port/unloading, number of vessels operated and operating rules. (2) The administrations have the obligation to centralize this data and publish it annually. ((3) The revenues made by the port administrations under the local public administration authorities, for the provision of transport infrastructure and safety services, will be used as a priority for covering its own operating expenses, for the repair, maintenance and development of infrastructures and goods in use or administration. Article 7 ^ 8. -(1) The Ministry has the right to control administrations with regard to the administration and use of shipping infrastructure, the manner in which it complies with the port operating regulation as well as the fulfilment of the the obligations of the state from the international agreements and conventions to which Romania is a party, which the administrations have been mandated to carry out. (2) At least one representative of the Ministry shall be part of the governing bodies of any administration. " 18. After Article 7 ^ 8, Chapter II ^ 1 is inserted as follows: "Exercise of control by administrations" 19. After the title of Chapter II ^ 1, Articles 7 ^ 9-7 ^ 13 shall be inserted with the following contents: "" Art. 7 7 ^ 9. -The procedures to be fulfilled for the entry and exit of ships in/from ports, as well as the documents related to these procedures shall be established by Government decision. Article 7 ^ 10. -(1) Port administrations shall allocate the berths in which the vessels are to operate and issue the mooring permit to these berths on the basis of the acceptance of the port entry, issued by the port capitania. (2) The establishment of the order of entry of vessels into the port and the allocation of the operating danes shall be made according to the requests of the economic agents carrying out shipping activities at that port. Article 7 ^ 11. -The administrations follow and take the necessary measures to ensure that the freight traffic at the port and their storage does not affect the security of port infrastructure and the operation of ships. Article 7 ^ 12. -The administrations have the right to prohibit or stop the loading/unloading operations of ships if it is found that: a) the ships have the hole of water to the body b) continued loading/unloading endangers the security of infrastructure and port facilities; c) the fishing vessel's fishing exceeds the maximum permitted fishing in the operating berth, or in any other cases where the security of the port infrastructure is found to be jeopardised; d) there is danger of pollution. Article 7 ^ 13. -In ports or areas in ports where the obligation of piloting or towing has not been established, the administration may require that ships, regardless of the flag they fly, take a pilot and/or be assisted during the operation. manoeuvres of a tug, in cases where: a) their vessels or cargo constitute an imminent threat to the environment; these categories of ships and goods must be made public in advance by the port operating regulations or by notices to seafarers; b) the vessels have the damaged body, machinery or equipment, and they substantially influence the safety of the navigation, in which case the opinion of the port capitania will be requested. " 20. After Article 7 ^ 13, Chapter II ^ 2 is inserted as follows: "Concession of shipping infrastructure" 21. After the title of Chapter II ^ 2, Articles 7 ^ 14-7 ^ 18 are inserted with the following contents: "" Art. 7 7 ^ 14. -(1) The shipping infrastructure belonging to the public domain may be: a) the date of administration organized as public institutions or autonomous kings; b) leased, under the law, to administrations organized as commercial companies or national companies; c) leased, under the law, to other legal persons of private, Romanian or foreign law. (2) In the situations provided in par. ((1) lit. b) and c) the quality of the concedent may have it: a) the ministry, for the shipping infrastructure belonging to the public domain of the state; b) the local public administration authorities, for the shipping infrastructure belonging to the public domain of the counties, communes, cities and municipalities. Article 7 ^ 15. -In the cases provided in art. 7 ^ 14 para. ((1) lit. c) the concedent may designate the administrations as his representative in the relations with the concessionaires. Article 7 ^ 16. -The representation of the ministry or local public administration authorities by the administrations in the relations with the concessionaires is based on the contract. Article 7 ^ 17. -In their capacity as representative of the concedent authorities, administrations have the following obligations: a) verify the concessionaires ' compliance with the provisions of the concession contract, such as: how to conduct the investment works provided for in the concession contract and the quality of these works, maintenance and repair by concession of concession goods; b) endorses the royalty payment documents. Article 7 ^ 18. -(1) For the performance, on behalf of the ministry or local public administration authorities, of the activities referred to in art. 7 ^ 17 administrations are entitled to pay an amount in the amount of 25% of the royalty collected. ((2) The payment procedure shall be determined by the representation contract, concluded between the Ministry or the local public administration authorities and administrations. " 22. After Article 7 ^ 18, Chapter II ^ 3 is inserted as follows: "" Safety services in ports and on waterways " 23. After the title of Chapter II ^ 3, Articles 7 ^ 19-7 ^ 28 are inserted with the following contents: "" Art. 7 7 ^ 19. -Safety services are services of national interest and are carried out under the control of the state, through the ministry. Article 7 ^ 20. -Safety services are provided to all users who turn to them, on a permanent, non-discriminatory, uniform and continuous basis, on equal terms in terms of quality, time and price. Article 7 ^ 21. -The Ministry shall establish the ports, waterways, zones or portions of these areas, as well as the categories of vessels, for which safety services are compulsory. Article 7 ^ 22. -Safety services for which the obligation was established according to art. 7 ^ 21 are public services of national interest, which can be conceded by the ministry, under the law, to Romanian legal entities that meet the conditions established by the specifications of the concession. Article 7 ^ 23. -The Ministry may designate the administrations as its representative in the relations with the concession of safety services. Article 7 ^ 24. -(1) The administration's representation by the administrations in the relations with the concession of the safety services shall be made on the basis of the contract. (2) In their capacity as representative of the Ministry the administrations have the following obligations: a) follow the observance by the concessionaires of the provisions of the concession contract; b) aim to perform safety services under conditions of continuity and security; c) endorses the payment documents of the fee; d) pursue compliance with the tariffs established by the contract and how they apply. Article 7 ^ 25. -(1) For the performance, on behalf of the ministry or local public administration authorities, of the activities referred to in art. 7 ^ 24 administrations are entitled to pay an amount in the amount of 25% of the royalty collected. ((2) The payment procedure shall be determined by the representation contract, concluded between the ministry or the local public administration authorities and the respective administration. Article 7 ^ 26. -(1) If in a port or in an area of a waterway there are no legal persons authorized to carry out the safety services provided for in art. 7 ^ 22 or in case of impossibility of carrying out the concession contracts concluded, the provision of these services will be provided by the administrations. (2) In the situations provided in par. (1) the Ministry shall temporarily lease the administrations, by direct entrustment, to the respective public services. Article 7 ^ 27. -Provide safety services, other than public services provided for in art. 7 ^ 22, shall be ensured by the administrations. Article 7 ^ 28. -Where the international agreements or conventions to which Romania is a party establishes a certain regime of safety services, that regime shall apply exactly to those ports or waterways. " 24. After Article 7 ^ 28, Chapter II ^ 4 is inserted as follows: "Dangerous goods" 25. After the title of Chapter II ^ 4, Articles 7 ^ 29 and 7 ^ 30 are inserted as follows: "" Art. 7 ^ 29. -All economic agents carrying or operating dangerous goods in national navigable waters or in Romanian ports are required to comply with the provisions of national law and international agreements and conventions to which Romania is part. These operations are executed under the supervision of administrations. Article 7 ^ 30. -Any ship, regardless of the flag it flies, which is to load or unload dangerous goods in Romanian ports or to transit with dangerous substances the national navigable waters, has the obligation to comply with the provisions national legislation, agreements and international conventions to which Romania is a party and to inform the administrations accordingly. " 26. After Article 7 ^ 30, Chapter II ^ 5 is inserted as follows: "" Ship Agentation " 27. After the title of Chapter II ^ 5, Articles 7 ^ 31-7 ^ 35 are inserted with the following contents: "" Art. 7 7 ^ 31. -The agenturation of ships is carried out only by specialized economic agents and authorized in this regard, hereinafter referred to as agents, Romanian legal entities operating in accordance with the legal provisions. Article 7 ^ 32. -(1) The agent shall be the sole right to represent the vessel, as well as the master, its owner or its operator before the public authorities, the administrations, all economic operators providing services for the ship, crew, owner or operator and act within the limits of the mandate of power given by them. (2) The agent is required to assist the ship and its commander in all its actions, from arrival to departure from the port. ((3) The agent is obliged to assist all representatives of public authorities in their relations with the ship. Any visit to the ship of representatives of public authorities will be made only in the presence of the Art. 7 ^ 33. -The agent has the obligation to inform the master of the ship agentured the applicable legal provisions in the field of shipping, the activity of public authorities and administrations, as well as the orders and provisions of the local acting in ports and on waterways. Article 7 ^ 34. -For the vessels which the agent agains guarantees the payment of tariffs, duties and other port expenses to the public authorities, administrations and economic operators providing safety services, established in accordance with the regulations in force or provided for in contracts concluded. Article 7 ^ 35. -For the agenturation services rendered the agent charges rates established in accordance with the legal provisions. " 28 articles 8 and 9 shall be repealed. 29 29. Chapter III "Services rendered in ports and the development of ports", Articles 10 to 15, shall be repealed. 30. After the title of Chapter IV, Article 15 ^ 1 shall be inserted as follows: "" Art. 15 15 ^ 1. -Work in ports is regulated by this ordinance, by labor law and by international agreements and conventions to which Romania is a party. " 31. Article 16 shall read as follows: "" Art. 16. -(1) Specific work in ports is provided by port workers. (2) Port workers participate in loading/unloading operations of goods and/or containers in and out of ships, handling in and from port stores or in and from other means of transport, storage, stacking, mooring, sorting, sorting, etc. palletisation, pachetization, containerisation, slingering, bagging of goods, as well as to the operations of cleaning barns and ships 'sheds, carried out manually or mechanically.' 32. Article 17 shall read as follows: "" Art. 17. -It may be a port worker any person who has reached the age of 18 and meets the health and professional training criteria established by the regulations issued by the competent authorities. " 33. Article 18 shall read as follows: "" Art. 18. -(1) Port workers operate in the port only if they hold a working card. (2) The port administration shall issue to each port worker the workbook at the port, on the basis of which it registers. (3) The release of a working card for a port worker shall be made only at the request, in writing, of his employer, who must be an economic agent carrying out the activities provided for in art. 16 16 para. ((2). (4) The methodology for issuing work books in port and registration of port workers shall be elaborated by the Ministry. (5) For the issuance of the work card in the port the administration charges tariffs established according to legal provisions. (6) The issued working card is valid only during the period during which the port worker has a contract of employment with the economic agent. (7) In the event of interruption of the employment contract the economic agent is obliged to notify the administration in writing, in order to highlight the port worker. " 34. Article 19 shall read as follows: "" Art. 19. -(1) Economic agents carrying out in ports the activities referred to in art. 16 16 para. (2) have the obligation to have only staff employed who possess a working card in the port and is registered with the administrations. The work books issued by the port capitanies will be exchanged by administrations without charging tariffs. The port capitals will hand over the documentation on the released and recorded work books to the administrations. (2) Economic agents may use port workers employed with fixed-term or indefinite employment contracts. (3) Economic agents may also use port workers supplied by an employment and training agency of port workers, for limited duration, of at least one day, but not more than 30 calendar days. " 35. Article 20 shall read as follows: "" Art. 20. -In order to optimize the use of port workers according to the variation of port traffic, employment and training agencies of port workers, hereinafter referred to as agencies, professional associations constituted according to provisions Government Ordinance no. 26/2000 with regard to associations and foundations. " 36. Article 21 shall read as follows: "" Art. 21. -(1) Agencies may be established in any port. ((2) The agencies have as their main activity the supply of the reserve workforce among the port workers, who are not employed with employment contracts, to port economic agents who require additional labor. ((3) Provide the reserve workforce according to par. (2), for the period established by this ordinance, shall be carried out on the basis of contract concluded between the economic agent and the agency (4) For the port workers enrolled the administration will issue, at the request of the agency, work cards under the conditions provided in art. 18 18 para. (3) for a maximum period of 30 calendar days. The validity of the work books may be extended, at the request of the Agency, for periods of 30 calendar days. ((5) Agencies may also carry out activities of qualification, improvement, polyalification and professional retraining of port workers, in accordance with the provisions of Government Ordinance no. 42/1997 on civil navigation *). ((6) The agencies may pay social benefits from the sources they constitute to the port workers enrolled at the agency, who have not managed a placement under any form of employment and who do not receive unemployment benefit, in accordance with the the legislation in force. ' ------------- Note * *) Government Ordinance no. 42/1997 has been approved and amended by Law no. 412/2002 , published in the Official Gazette of Romania, Part I, no. 500 500 of 11 July 2002. 37. Articles 22 to 30 shall be repealed. 38. Article 31 shall read as follows: "" Art. 31. -(1) The revenue sources of the agencies are: a) monthly contributions of port workers enrolled at agencies; b) monthly contributions of the associates for the establishment of the fund for the payment of allowances; c) contributions from the National Employment Agency for qualification programs, retraining, reconversion and polyalification of port workers, under the law; d) incomes from the activities for which they were authorized, in addition to the sources provided in lett. a) and b); e) other income from donations, placements, interest and the like. ((2) The participation rates of the members and of the port workers enrolled at the agencies shall be established annually by the general assembly of the associates. " 39. Articles 32 to 43 shall be repealed. 40. Article 44 shall read as follows: "" Art. 44. -Constitutes contraventions to the norms of this ordinance the following facts, if they do not meet the constituent elements of a crime: a) the construction of a port or a port facility without the appropriate notices; b) carrying out works or building installations and facilities that prevent navigation; c) destruction or damage to navigation signs and signals; d) refusal to allow access for the installation, repair or checking of navigation signs and signals; e) the unauthorised execution of works in waterways; f) carrying out shipping activities without authorization; g) carrying out the loading/unloading of goods and boarding/disembarkation of passengers outside the authorized places; h) non-compliance with the procedures at the i) non-compliance with the ban on stopping loading/unloading operations; j) the realization of new constructions and installations, as well as any changes to the hydrotechnical constructions or the existing port capacities and their destination, without the approval of the ministry; k) non-compliance with the obligations provided 7 ^ 7 and in art. 18 18 para. ((7); l) the use of non-registered personnel at administrations for the operations provided in art. 16 16 para. ((2); m) modification of the port development plan without the approval of the ministry or non-registration of changes made to the development plan 41. Article 45 shall read as follows: "" Art. 45. -(1) Contraventions provided in art. 44 44 shall be sanctioned as follows: a) with a fine of 30,000,000 lei to 60,000,000 lei, for the facts provided in lett. c), d), h), k) and l); b) with a fine of 50,000,000 lei to 100,000,000 lei, for the facts provided in lett. a), b), e), f), g), i), j) and m). (2) The sanctions provided in par. (1) may also be applied to legal persons. (3) The application of the contravention sanction does not remove the obligation of compensation, if damage occurred by committing the act. " 42. Article 46 shall read as follows: "" Art. 46. -The contraventions are found and sanctioned by persons specially empowered by the ministry. " 43. Article 47 shall read as follows: "" Art. 47. -Against the minutes of contravention, a complaint may be made, within 15 working days from the date of communication, to the competent courts. " 44. Article 48 shall read as follows: "" Art. 48. --provisions art. 44 and 45 are completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 .. " 45. Article 49 shall read as follows: "" Art. 49. -The application of the contravention sanctions provided in this chapter does not remove the right of the ministry to withdraw or suspend the authorisations granted to economic agents. " 46. After the title of Chapter VI, Article 49 ^ 1 shall be inserted as follows: "" Art. 49 49 ^ 1. -(1) Until the concession of the safety services, which constitute public services provided for in this ordinance, may be executed on a competitive basis by economic agents duly authorized by the ministry. After the concession the safety service is executed only by the concessionaire, based on the contract concluded with the ministry. ((2) The contracts for the concession of safety services, concluded before the date of entry into force of this ordinance, shall remain valid until the expiry date. " 47. Article 50 shall read as follows: "" Art. 50. -Within 60 days of the entry into force of the law approving this ordinance Order of Transport Minister no. 507/1999 for the approval of the Registration Methodology and for the young record of certain categories of port workers and personnel working in ports shall be amended accordingly. '; 48. Article 50 (1) shall be inserted after Article 50: "" Art. 50 50 ^ 1. -(1) Within 90 days from the publication of the law approving the present ordinance in the Official Gazette of Romania, Part I, the Ministry will develop the Methodological Norms for the authorization of economic agents carrying out transport activities naval in ports and on waterways. (2) On the date of entry into force of the Methodological Norms for the authorization of economic agents carrying out shipping activities in ports and on waterways, Government Decision no. 112/1996 for the approval of the Methodological Norms for the granting of licences and authorisations for the carrying out of consignments of goods and passengers and for the authorization of the operation of economic agents in the perimeter of port and horse navigable, published in the Official Gazette of Romania, Part I, no. 47 of 6 March 1996, as amended and supplemented. " + Article 2 This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. + Article 3 Within 60 days of the entry into force of this law the Ministry of Public Works, Transport and Housing will develop and submit to the Government approval the normative acts on the organization and functioning of administrations. + Article 4 Government Ordinance no. 22/1999 , amended and supplemented by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of 27 June 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on June 27, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, July 17, 2002. No. 528. --------