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Law No. 643 Of 7 December 2002

Original Language Title:  LEGE nr. 643 din 7 decembrie 2002

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LEGE no. 643 643 of 7 December 2002 (* updated *) for approval Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants under the administration of county and local councils ((updated until 8 May 2014 *)
ISSUER PARLIAMENT




---------------- *) The updated form of this normative act until May 8, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: EMERGENCY ORDINANCE no. 29 29 of 19 March 2008 ; DECISION no. 117 117 of 6 March 2014 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 78 78 of 13 June 2002 on ensuring the operating conditions of thermal and electric district heating plants under the administration of county and local councils, published in the Official Gazette of Romania, Part I, no. 452 of 27 June 2002, with the following amendments and additions: 1. The title of the emergency ordinance shall read as follows: " EMERGENCY ORDINANCE on the provision of operating conditions of thermal and electric heating plants owned by county or local councils " -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 117 117 of 6 March 2014 , published in MONITORUL OFFICIAL no. 336 of 8 May 2014, the exception of unconstitutionality of the provisions of the single article has been accepted. 1 1 and section 9 9 of Law no. 643/2002 for approval Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants under the administration of county and local councils, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of May 8, 2014, the provisions invoked above are suspended by law, and will cease its legal effects on June 23, 2014, if the legislator does not intervene to amend the contested provisions. 2. Article 1 shall read as follows: "" Art. 1. -The county councils Prahova, Giurgiu, Valcea and the local councils Pitesti, Iasi, Brasov, Bacau, Oradea, Suceava, Timisoara, Arad, Onesti, Brad, Calafat, Vaslui, Zalau and Comanesti will proceed, under the law, to the registration as companies commercial at the commercial register of thermal and electric district heating plants set out in the annex which is an integral part of this emergency ordinance. " 3. in Article 2, paragraph 2 is inserted as follows: " (2) For The Commercial Company < >-S.A. the provisions of para. ((1) shall apply with reference to 31 August 2002. '; 4. in Article 3, paragraph 2 is inserted as follows: " (2) For The Commercial Company < >-S.A. the provisions of para. ((1) shall apply with reference to losses recorded on 31 August 2002. '; 5. Paragraph 1 of Article 4 shall read as follows: "" Art. 4. -(1) The capital ratios and the costs related to loans committed by the Commercial Power and Thermal Energy Production Company < > S.A. for the financing of the purchase of technological fuel, prior to May 31, 2002, necessary to the companies registered according to art. 1, will be fully borne by them under the law, according to the actual payments, and will be paid by the Commercial Power and Thermal Power Production Company < >-S.A. as part of the ongoing contracts. " 6. Article 5 shall read as follows: "" Art. 5. -The financing of the fuel supply of thermal and electric district heating plants owned by county councils or local councils shall be ensured from the following sources: a) bank loans, with or without state guarantee, as applicable; b) subsidies granted in advance, through local budgets, according to the law; c) own sources. " 7. Article 6 shall read as follows: "" Art. 6. -(1) In order to carry out the modernization, rehabilitation and retrofitting works of thermal and electric district heating plants, as well as centralized systems for the production, transmission, distribution and supply of thermal energy in the property of county councils or local councils is allocated amounts from the state budget, through the budget of the Ministry of Interior and Administrative Reform, in accordance with approved investment programs, according to the law, or guarantees are granted state for credits. (2) On the basis of this emergency ordinance, the Ministry of Interior and Administrative Reform implements multiannual programs for the rehabilitation of the centralized heat supply system, approved by Government decision, financed from amounts that are allocated annually from the state budget or other sources attracted. " ------------- Article 6 of Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants owned by county or local councils, published in the Official Gazette of Romania, Part I, no. 452 452 of 27 June 2002 has been amended by section 6.6. 1 1 of art. unique of EMERGENCY ORDINANCE no. 29 29 of 19 March 2008 published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. 8. Article 7 shall read as follows: "" Art. 7. -In order to ensure the safe thermal energy supply of the population companies that have as shareholder the administrative-territorial units and which are registered at the trade register according to the provisions of this emergency ordinances, as well as those that will be registered within 30 days from the date of its publication in the Official Gazette of Romania, Part I, will benefit from the facilities provided in art. 5 5 and 6 of this emergency ordinance. " 9. Article 8 shall be inserted after Article 7: "" Art. 8. -The provisions of the present emergency ordinance also apply accordingly to other thermal and electric district heating plants, as well as other centralized systems for the production, transmission, distribution and supply of thermal energy transferred in the law on the property of county or local councils. " ------------ Article 8 of Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants owned by county or local councils, published in the Official Gazette of Romania, Part I, no. 452 452 of 27 June 2002 has been amended by section 6.6. 2 2 of art. unique of EMERGENCY ORDINANCE no. 29 29 of 19 March 2008 published in MONITORUL OFFICIAL no. 217 217 of 21 March 2008. ------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 117 117 of 6 March 2014 , published in MONITORUL OFFICIAL no. 336 of 8 May 2014, the exception of unconstitutionality of the provisions of the single article has been accepted. 1 1 and section 9 9 of Law no. 643/2002 for approval Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants under the administration of county and local councils, finding that they are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of May 8, 2014, the provisions invoked above are suspended by law, and will cease its legal effects on June 23, 2014, if the legislator does not intervene to amend the contested provisions. 10. The following point 17 is inserted after point 16 of the Annex: "" 17. Trade Company < > >-S.A. ' This law was adopted by the Senate at the meeting of 18 November 2002, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of November 26, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, December 7, 2002. No. 643. --------