LEGE no. 19 19 of 9 January 2003 (* updated *) on the organization and functioning of the National Press Agency ((updated until 1 January 2015 *)
ISSUER
PARLIAMENT
---------- ** **) Title the law has been amended by section 1 1 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 544 of 18 July 2008. The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The National Press Agency AGERPRES is organized and operates as an autonomous public institution of national interest, with legal personality, editorial independence, under the control of the Parliament. ... (2) The National Press Agency AGERPRES, hereinafter referred to as AGERPRES, is based in Bucharest. ... ------------- Article 1 has been amended by section 1. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 2 AGERPRES ensures the collection, drafting and dissemination of press information and photos for mass information, in the country and abroad, of different categories of beneficiaries, without discrimination and in compliance with the objective General insurance of the right to information ------------- Article 2 has been amended by section 2. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 3 ((1) AGERPRES is obliged to present objectively and equidistant the realities of the social-political, economic, religious and cultural-scientific life of the country, promoting democratic, civic and moral values. ... ------------- Alin. ((1) art. 3 3 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". ((2) The information must be presented and transmitted faithfully, without any influence from public authorities or other legal entities under public or private law. ... (3) News and information disseminated in the form of texts or photographs must be verified and have an appropriate level of quality, be objective and correct. ... + Article 4 In carrying out the duties of AGERPRES has the duty to respect the principles of constitutional order in Romania, the dignity, honor and particular life of persons, as well as the legitimate right to own image, without any harm and without prejudice to measures to protect young people and national security. ------------- Article 4 has been amended by section 4. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 5 The editorial activity of AGERPRES, including photographic production, enjoys the protection of intellectual property, in accordance with the legislation in force. ------------- Article 5 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 6 The autonomy of AGERPRES and its editorial independence are guaranteed by this law, and the content and structure of its services are protected by any interference by public authorities, as well as by the influences of social-political, trade union or of economic bodies or other pressure groups. ------------- Article 6 has been amended by section 6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 7 The specialist staff of AGERPRES are under the protection of this law. ------------- Article 7 has been amended by section 7. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 8 (1) The staff who collect and draft news, coordinate news, documentary, graphic, photographic and multimedia services or perform publications or participate directly in other editorial activities shall be considered as specialized personnel. ... (2) The specialized personnel shall have the rights and obligations of the profession of journalist and the deontological principles of the profession. ... ------------- Alin. ((2) of art. 8 8 has been amended by section 1 1 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. (3) The specialized staff not part of the board of directors may collaborate with other institutions in the field, with the agreement of the board of directors. ... ------------- Alin. ((3) of art. 8 8 has been introduced by section 2 2 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. + Article 9 It is forbidden to exercise any form of physical or mental coercion, of any pressure or intimidation actions against specialized personnel within AGERPRES, likely to prevent the exercise of the profession or to prejudice its social and professional prestige. ------------- Article 9 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 10 The confidential nature of the sources of information of the specialist staff is guaranteed by this law. The disclosure of these sources, motivated by the existence of a public interest, can be made only on the basis of a court + Article 11 The responsibility for the content of the press information transmitted to the beneficiaries returns, as the case may be, to the author ------------- Article 11 has been amended by section 1. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Chapter II Tasks + Article 12 AGERPRES has the following tasks: ------------- The introductory part of art. 12 12 has been amended by section 4.2 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". a) collect and draft information on Romanian and international actuality, which it broadcasts in Romanian or in international languages, on contractual basis, to Romanian and foreign press, as well as to other categories of beneficiaries; carry out press photos that they offer, according to the same regime, to beneficiaries; ... b) ensure the prompt dissemination of communications, statements, other official documents and press materials coming from public authorities and institutions, as well as from other governmental and non-governmental organizations; ... c) collect, store, process and archive press materials, photographs and other documents made or received; ... d) edit, in the interest of capitalizing on the documentary resources at its disposal, works of general interest, in the form of bulletins, catalogues, magazines, albums and other such publications, benefiting from the protection Law no. 8/1996 on copyright and related rights, as amended; ... e) provide on request, for payment or on the basis of reciprocity or compensation, services specific to the mass information activity, for natural or legal persons, from the country or abroad; it can broadcast free information flows and photos to support for promotional purposes major projects of the Romanian state; ... f) establishes, on the basis of legal provisions, prices and tariffs, in lei or in foreign currency, for editorial production, for its news broadcasts and photographs, as well as for the other services it performs; ... g) affiliates and participates in the activity of domestic and international media organizations; ... ------------- Letter g) of art. 12 12 has been amended by section 4.2 3 3 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. h) conclude agreements on cooperation and exchange of information flows and photographs, through reciprocity or compensation or for a fee, with national and international media outlets; ... i) carry out advertising activities through news feeds, including on the Internet, through their own newsletters and publications, for beneficiaries in the country and abroad, in exchange for products, services, sponsorships or for purposes autopromotional; ... j) organize their own networks of correspondents in the country and abroad; ... k) can perform typographical and binding works, as well as photo services and related services to third parties. ... ------------- Letter k) of art. 12 12 was introduced by section 4.2. 4 4 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. + Article 13 (1) Within the parliamentary control activity the Committee on Culture, Religious Affairs, Art and Media of the Senate and the Committee on Culture, Art, Means of Mass Information of the Chamber of Deputies will examine, in the joint sitting, the report annual activity and, with the opinion of the budget, finance and bank committees of the Parliament, the budget execution account. Specialist committees may request, in particular cases, reports on specific issues. ... (2) The annual report of AGERPRES will include the activity balance for the previous year, the evaluation of own activity, as well as the strategies, projects and measures to optimize the activity for the current year, being submitted to the Parliament until the date of 30 March of every year. ... ------------- Alin. ((2) art. 13 13 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". (3) The report of the Parliament's specialized committees on the annual report of ROMPRES will be submitted for debate and approval to the plenary of the reunited Chambers, which is pronounced by vote. ... + Chapter III Organisation and operation + Article 14 (1) AGERPRES is headed by a board of directors, coordinated by a director-general with the rank of secretary of state. ... ------------- Alin. ((1) art. 14 14 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". (2) The Director-General is proposed by the Prime Minister and appointed by the Parliament vote, with the opinion of the specialized committees, in the joint meeting of the two Chambers, no later than 15 days after the nomination. In the event of a negative vote, the procedure shall resume no later than 30 days. ... (3) The term of office of the Director General is 5 years ... ((4) If the appointment procedure of the Director-General is not completed by the expiry of the term of office, the term of office of the Director-General in office shall be extended by right until the appointment of the General Manager by the Parliament vote. ... ------------- Alin. ((4) of art. 14 14 has been introduced by section 5 5 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. (5) The general manager's allowance shall be calculated in accordance with the provisions of heading 7 of Annex no. IX/2 "Functions of public dignity called" at Framework law no. 330/2009 ... on the unitary pay of the staff paid from public funds. ------------- Alin. ((5) of art. 14 14 has been introduced by section 5 5 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. + Article 15 The mandate of the Director-General shall cease a) the impossibility of exercising the mandate for a period of more than 6 months; ... b) resignation; ... c) final conviction for committing a crime; ... d) the existence of a situation of incompatibility between those provided in art. 19. ... + Article 16 (1) In case of termination of the mandate of the Director General, under the conditions 15, the deputy general manager on central press issues ensures the interim. ... ------------- Alin. ((1) of art. 16 16 has been amended by section 6 6 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. ((2) The duration of the interim may not be more than 3 months. ... + Article 17 (1) The Board of Directors of AGERPRES shall consist of the Director-General, the Deputy Directors-General, the Directors of the Financial and Technical ... ------------- Alin. ((1) art. 17 17 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". (2) The Director-General is the Chairman of the ... (3) Deputy Directors-General and Directors shall be appointed following the promotion of the contest for the respective position, according to the law, by order of the Director General. ... (. The Board of Directors shall meet at least once a month, or whenever necessary, at the request of the Director-General or at least one third of the number of members of the Board. ... + Article 18 The Board of Directors shall: a) elaborates the Regulation on organization and functioning of AGERPRES; ... b) establishes the development strategy of AGERPRES; ... c) establishes the structure and composition of AGERPRES compartments; ... d) proposes the draft budget of revenue and expenditure and aims at its execution; ... e) it endorses the performance of commercial and financial expenses and transactions; ... f) establishes and aims to respect the principles of professional deontology ... g) elaborates the annual report on the activity of AGERPRES, in order to present it to Parliament, as well as reports on issues requested by Parliament's culture committees ... h) establishes other regulations and service instructions. ... ------------- Article 18 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 19 (1) The Director-General, the members of the Board of Directors and the specialized staff shall not be part of political parties or parties, nor shall they promote partisan their ideas, programs and activities. ... (2) The Director-General, the members of the Board of Directors and the specialized staff shall not be part of the management of other media outlets and shall not be able to perform execution functions within them. ... ------------- Alin. ((2) of art. 19 19 has been amended by section 7 7 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. (3) Failure to comply with par. ((1) and (2) shall be sanctioned with the disciplinary dissolution of the individual employment contract or, as the case may be, with dismissal from office. ... + Article 20 (1) The organizational structure of AGERPRES can include directions, services, editorial offices and offices. ... ------------- Alin. ((1) art. 20 20 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". (2) The organizational structure, as well as the duties, tasks and responsibilities of the personnel shall be established by the organization and functioning regulations elaborated by the board of directors and approved by order of the Director General ... (3) The structure of posts on compartments, staff classification, modification, suspension or termination of employment shall be approved by order of the Director General. ... + Article 21 (1) The management and the specialized execution functions are remunerated according to Framework Law no. 330/2009 ... . (2) The staff of AGERPRES shall enjoy all the rights established by the normative acts applicable to the contractual staff of the ... ------------- Article 21 has been amended by point 8 8 of art. I of LAW no. 96 96 of 21 May 2010 , published in MONITORUL OFFICIAL no. 350 350 of 27 May 2010. + Article 22 (. The Director-General shall have the following duties and responsibilities: ... a) ensure with the board of directors the current management of AGERPRES; ... b) aims to comply with the provisions of the Regulation on organization and functioning of AGERPRES, as well as normative acts, regulations and service instructions; ... c) approve, under the law, the employment and dismissal of AGERPRES personnel; ... d) approve, under the law, the hiring of specialists for carrying out works and studies of interest for AGERPRES; ... e) approve the sending of delegates or participate personally in internal or international meetings, business meetings or studies of interest to AGERPRES; ... f) presents to the Parliament the annual activity report of AGERPRES; ... g) exercise his/her duties according to the legal provisions and the organization and functioning regulation. ... (. The Director-General may delegate some of his duties to the Deputy Directors-General. ... ------------- Article 22 has been amended by section 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 23 (1) The Director General represents AGERPRES in relations with individuals and legal entities, Romanian and foreign. ... (2) In the exercise of the management of AGERPRES the Director General issues orders and decisions, according to the legal regulations ... ------------- Article 23 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Chapter IV Financial activity and heritage + Article 24 AGERPRES manages the assets of its patrimony and has them, under parliamentary control. ------------- Article 24 has been amended by section 4.2. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 25 (1) The financing of AGERPRES expenses shall be ensured from the state budget. ... ((2) AGERPRES may retain and use under the conditions art. 67 67 of Law no. 500/2002 ... on public finances, with subsequent amendments and completions, income from: services rendered, sale of information, photographs, video images, documentation and publications of their own, binding and printing activities, advertising, professional training courses for the media, exploitation of movable or immovable property owned or managed, as well as from donations and sponsorships from individuals or legal entities, from the country or from abroad. ((3) The revenues made by AGERPRES are used to finance the expenses of goods and services, exclusively of security utilities and services and those with cleanliness related to the premises in the patrimony or use of AGERPRES, as well as for capital expenditure. ... ---------- Article 25 has been amended by art. 15 of EMERGENCY ORDINANCE no. 83 83 of 12 December 2014 , published in MONITORUL OFFICIAL no. 925 925 of 18 December 2014. + Article 26 The Director General of AGERPRES is the principal authorising officer. ------------- Article 26 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 27 AGERPRES manages and uses, in order to fulfill its duties, appropriate spaces, equipment and facilities of its own reception, processing, storage and transmission of information and photos, telecommunications, Print-print. ------------- Article 27 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 28 The patrimony of the former National Press Agency ROMPRES under the Ministry of Public Information *) is transmitted to AGERPRES, organized in accordance with this law. ------------- Article 28 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 29 AGERPRES is exempted from the provisions art. 7 7 para. (1) of Government Ordinance no. 80/2001 on the establishment of spending regulations for public administration authorities and public institutions, approved with amendments by Law no. 247/2002 . ------------- Article 29 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Chapter V Transitional and final provisions + Article 30 (1) On the date of entry into force of this Law the National Press Agency ROMPRES under the Ministry of Public Information *) ceases its activity. ... (2) The staff of the former National Press Agency ROMPRES under the Ministry of Public Information *) is taken over by ROMPRES, organized in accordance with this law. ... + Article 31 (1) Within 10 days from the entry into force of this Law the Prime Minister will propose to the Parliament the candidate for the post of general manager of AGERPRES. ... (2) Within 45 days from the appointment of the Director General, the Board of Directors of AGERPRES shall be constituted. ... (3) Within 30 days from the establishment of the board of directors, the Regulation on organization and functioning of AGERPRES will be approved and approved. ... ------------- Article 31 has been amended by section 6.6. 2 2 of the single article of LAW no. 155 155 of 11 July 2008 , published in MONITORUL OFFICIAL no. 544 of July 18, 2008, by replacing the name "National Press Agency ROMPRES" with the name "National Press Agency AGERPRES". + Article 32 The date of entry into force of this Law shall be repealed Government Decision no. 886/2001 on the organization and functioning of the National Press Agency ROMPRES, published in the Official Gazette of Romania, Part I, no. 594 594 of 21 September 2001. 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) and art. 77 77 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of December 12, 2002, in compliance with the provisions of art 74 74 para. ((2) and art. 77 77 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, January 9, 2003. No. 19. -------
