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Law No. Mines 85 Of 18 March 2003

Original Language Title:  LEGEA MINELOR nr. 85 din 18 martie 2003

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MINELOR LAW no. 85 85 of 18 March 2003 (* updated *) ((updated on 25 May 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law This law regulates the conduct of mining activities in Romania, stimulating the exploitation of mineral resources, public property of the state The law ensures maximum transparency of mining activities and fair competition, without discrimination between forms of ownership, the origin of capital and the nationality of operators. Mining investments are encouraged by tax and administrative facilities, being free from any constraints in terms of recovery of investments and the use of realized profit. + Chapter I General provisions + Article 1 Mineral resources located on the territory and in the basement of the country and continental shelf in the economic area of Romania in the Black Sea, delimited according to the principles of international law and regulations of international conventions to which Romania is a party, are the exclusive object of public property and belong to the Romanian state + Article 2 (1) The mineral resources covered by this Law are: coal, ferrous, non-ferrous ores, aluminium and aluminium rocks, of noble metals, radioactive, rare earth and disperse, haloid salts, non-metallic useful substances, rocks useful, precious and semi-precious stones, peat, therapeutic sludges and turtles, bituminous rocks, non-combustible gases, geothermal waters, accompanying gases, natural mineral waters (gaseous and flat), therapeutic mineral waters, and Residual mining product from tailings and tailings ponds. (2) The provisions of this Law also apply to drinking and industrial groundwater for the activities of prospecting, exploration, determination and record of reserves. + Article 3 For the purposes of this Law, the terms used shall be defined as follows: 1. mining activity-all works on prospection, exploration, development, exploitation, preparation/processing, concentration, marketing of mining products, preservation and closure of mines, including related works and environmental rehabilitation; 2. administration-the right granted by the state, by the competent authority, to a public institution to perform mining activities on the basis of a license or permit; 3. administrator-the public institution performing mining activities on the basis of a licence or permit; 4. the competent authority-the National Agency for Mineral Resources, which represents the interests of the state in the field of mineral resources, according to the duties established 5. Extractive cadastre-the specialized cadastre, representing a subsystem of systematic evidence and inventory of immovable property related to mining activities (land, construction and installations on the surface and underground) in technical aspect, economic, legal and other information on the perimeter established; 6. Mining book-component of the Extractive Cadastre, which includes all the data on the legal regime of the areas related to the perimeter of prospection, exploration and exploitation, property, topographic situation of the works related to the activity mining, mineral resources/reserves and production; 7. the concedent-the competent authority empowered by the law to grant the administration or concession; 8. mining concession-the legal operation by which the State, represented by the competent authority, as concedent, transmits for a period determined to a person, as concessionaire, the right and the obligation to execute, at risk and own expense, mining activities having as object the mineral resources falling under the present law, in exchange for a mining fee for exploitation and a tax on the activity of prospection, exploration and exploitation of resources minerals; 9. concessionaire-the holder to whom the mining concession is granted; 10. development-all works consisting in the realization of mines and quarries, the construction and installation of specific installations, equipment and other utilities necessary for the extraction, processing, transport and provisional storage of mining products; 11. exploitation-the whole works carried out underground and/or on the surface for the extraction of mineral resources, their processing and delivery in specific forms; 12. exploration-the set of studies and activities for the identification of deposits, their quantitative and qualitative evaluation, as well as the determination of technical and economic recovery conditions; 13. national geological background-the totality of data on mineral resources and reserves obtained from mining and oil activities, regardless of the nature of the storage medium; 14. national fund of resources/reserves-the totality of resources/reserves highlighted and recorded by the competent authority for each type of mineral resource of the country, determined according to the specific regulations; 15. force majeure-unforeseeable, inevitable and insurmountable event that generates temporary or definitive impossibility of execution, partial or total, of mining activities; 16. financial guarantee for the restoration of the environment the obligation and liability of natural or legal persons who carry out mining activities on the basis of license or exploitation permit to ensure the financial funds necessary to restore the environment and which may be in the form of a bank deposit, irrevocable bank guarantee letter or other modalities provided by law; 17. license-the legal act granting the concession/management of exploration/exploitation mining activities; 18. environment-the set of conditions and natural elements, defined according to Environmental Protection Law no. 137/1995 , republished, with subsequent amendments and completions, which may be affected by mining activities; 19. radioactive ore-accumulations of uranium, thorium, in the form of natural chemical compounds; 20. competent ministry-specialized body of central public administration with powers and competences in the field of mining activities, according to this law; 21. perimeter of prospection, exploration and exploitation of the area corresponding to the surface projection of the contours of the part of the earth's crust within which, over a determined depth interval, prospection works, exploration, respectively of exploitation, as well as the surfaces necessary to carry out the processing activities, preparation of mineral resources and storage of mining waste products; 22. exploitation permit-the legal act issued by the competent authority granting the right of exploitation of quantities determined by useful rocks, peat and alluvial gold, under the conditions of art. 28 28 and 30; 23. Prospecttion permit-the legal act issued by the competent authority granting the right to carry out prospection works; 24. safety pilier-the part of the mineral reserves/resources or surrounding rocks that are not extracted in a certain period or permanently and in which no works are carried out, in order to protect the mining works from the underground or from the area of the operating perimeter, the banks of the waters or other targets on the surface; 25. plan of cessation of activity-complex of technical, economic, social and environmental documentation that motivates the closure of the exploitation and contains the necessary actions to ensure the effective financing and realization of the cessation measures activity; 26. environmental recovery plan-measures to restore and rehabilitate the environment in the exploration/exploitation perimeter, also taking into account the options of the local authorities regarding the post-closing use of the perimeter, and which also contains the project technical achievement of these; 27. mining production-the quantity of mining products extracted for processing and/or marketing by the holder; 28. mining product-the product resulting from the operation of a deposit, delivered as such or in the form of aprons resulting from a technological process of processing/preparation to be used as a finished product or as a raw material at manufacture of another product; 29. waste mining product-remanent product deposited in tailings and tailings, resulting from mining activities; 30. prospection-the ensemble of studies and surface works that are carried out to identify the possibilities of accumulations of mineral resources; 31. mining fee-the amount due to the state budget by the holder for the concession/administration of exploitation activities of mineral resources, goods of the public domain of the state; ------------- Item 31 of art. 3 3 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. 32. mineral resource-the natural substance in the earth's crust, formed as a result of geological processes, usable as such or by processing in economic and social activity; 33. reserve-the deposit part determined quantitatively and qualitatively through exploration and exploitation works, having established the technical and economic conditions of recovery; 34. holder-any legal or natural person, Romanian or foreign, who can perform mining activities on the basis of a license or a permit; 35. deposit-natural accumulation of mineral resources/reserves, technically and economically valuable. + Article 4 (1) The mining activities shall be carried out by legal persons who are registered, according to the law, and are specialized and certified in the conduct of such activities or are organized for this purpose. The preparation of the technical-economic documentation and the surveys related to the mining activities shall also be carried out by individuals certified for this purpose by the competent authority, according to the law. (2) Mining mining activities may also be carried out by individuals, under the conditions of art. 28-30. (3) The mining activities shall be carried out only within the framework of certain perimeters authorized for this purpose by the competent authority, except for individuals who perform exploitation mining activities under the conditions of art. 29, where the authorization of the perimeter is not necessary. + Article 5 (1) All data and information, regardless of the method of storage, regarding the Romanian mineral resources, determined according to art. 1, will be made available to the competent authority and belong to the Romanian state, their record and management being made at national level by the competent authority, according to this law. (2) The holders of licences or permits for mining activities may use the data and information obtained only for their own interest, for the duration of the mining activity. ((3) Transmission to other interested parties of data and information on mineral resources in Romania is done only with the consent of the competent authority, according to the norms of application of this law. (4) The competent authority, holders of licenses/permits, as well as other public authorities and institutions with attributions in the application of the provisions of this law are required to maintain confidentiality on the data and information transmitted by the holders of licences and/or permits, which they are aware of in the performance of their duties, for the duration of the mining activities, under the conditions laid down by law. + Chapter II Acquisition of use and access to land on which mining activities are carried out + Article 6 The right of use of land necessary to carry out mining activities from the exploration/exploitation perimeter is acquired, under the law, by: a) sale-purchase of land and, as the case may be, of constructions located on them, at the price agreed between the parties; b) the exchange of land, accompanied by the displacement of the affected owner and the reconstruction of the buildings on the newly granted land, at the expense of the holder who benefits from the land issued, according to the convention concluded c) lease of the land for a fixed term, based on contracts concluded between the parties; d) expropriation for the cause of public utility, under the law; e) land concession; f) the association between the land owner and the licence holder; g) other procedures provided by law. + Article 7 ((1) On land necessary for access to exploitation or exploration perimeters and any other activities which they involve shall be established in favour of the holder a right of legal duty of passage. (2) Exercise the right of legal servitude of passage, established according to par. (1), shall be made against payment of an annual annuity to the owners of the land affected by it, on the basis of the convention concluded between the parties in compliance with the legal provisions, within 60 days from the communication to the landowners of a written notifications from licence holders and/or permits. ((3) If the parties do not reach an agreement of will within the period provided in par. (2), the determination of the amount of the annuity will be made by the court, under the law. (4) The duration of the legal servitude is that of the mining activities, and the land to be affected will be determined, in terms of surfaces and owners, according to the principle of the smallest possible touching on the right of property. + Article 8 ((1) Access to land affected by legal servitude shall be established by negotiations between the holder of the mining activity and the landowners, in compliance with the principle of equal treatment and equity. (2) Any misunderstandings between the holders carrying out mining activities and the landowners shall be settled by the competent courts, according to the law. The resolution of such cases will be done by the competent courts as a matter of urgency. + Article 9 Expropriation for the cause of public utility of national interest is made under the law, under the coordination of the relevant ministry. + Article 10 In case of sale of expropriated goods under the conditions of 6 lit. d), the former owners or, as the case may be, their successors have the right of pre-emption, purpose in which they will be notified about the conditions of the sale by administrative and advertising. + Article 11 (1) Perform mining activities on land on which historical, cultural, religious monuments, archaeological sites of particular interest, nature reserves, health protection areas and hydrogeological protection perimeters are located. sources of water supply, as well as the establishment of the right of servitude for mining activities on such lands are strictly prohibited. (2) Exceptions to the provisions of par. (1) are established by Government decision, with the opinion of the competent authorities in the field and with the establishment of compensation and other compensatory measures. + Article 12 The ownership of the land does not confer the right of pre-emption on the concession/management of mining activities. + Chapter III Arrangements for the enhancement of mineral resources + Article 13 Mineral resources are valued by mining activities that are leased to Romanian or foreign legal entities or are given in administration to public institutions by the competent authority, according to this law. + Article 14 (1) The prospectus is carried out on the basis of a non-exclusive permit issued under the law by the competent authority on the basis of receiving a written request, for a perimeter defined by topogeodetic coordinates. The shape and dimensions of the prospection perimeter shall be determined by the competent authority. (2) The prospectus permit shall be issued for a maximum period of 3 years, without the right of extension, with the prepayment, every year, of the tax on the activity of prospection. (3) The holders of prospection permits have the obligation to carry out a volume of works with a minimum value that will be established, through negotiations with the competent authority, upon the issuance of the prospectus permit, correlated with the validity of the permit and the surface area of the prospection. (4) The holder of the prospectus permit shall submit to the competent authority six-monthly and annual reports on the executed works and their value, justified by documents. Within 60 days of the expiry of the duration for which the prospecting permit has been issued, the holder shall submit a final report containing the methods of investigation applied, the works executed, the justification of their value, and the results Obtained. (5) The holder of the prospectus permit participating in the public tender offer, organized for the granting of the exploration license within the perimeter in which he performed the prospectus, shall receive an additional score at the evaluation, established in the Art. 15 15 para. ((8). + Article 15 ((1) Exploration is carried out on the basis of an exclusive license granted for any of the mineral resources discovered in the perimeter, on request, to Romanian or foreign legal entities interested. (2) The exploration license shall be awarded to the winner of a public tender competition, organized by the competent authority under the conditions of this law, for the mineral resources established by the order provided in par. ((4). (3) The initiative of the exploration mining activities may belong to the competent authority or to interested Romanian or foreign legal entities. (4) The list of exploration perimeters shall be established by the competent authority by order to be published in the Official Gazette of Romania, Part I. (5) In order to participate in the public offer competition, Romanian or foreign legal entities shall submit their tenders within a determined period, established by the competent authority by the order provided in par. ((4). ((6) The tenders shall contain the proposed exploration programme, the supporting documents relating to the technical and financial capacity of the tenderer and other documents established by the competent authority. (7) The proposed exploration programme shall include in its annual volume of exploration and expenditure, compulsory to be carried out. (8) The conditions for the organization and conduct of the public tender offer established in par. (2), the criteria for selecting and designating the winner, the additional score given to a prospectus holder, as well as other aspects will be determined by the competent authority by rules. + Article 16 (1) The exploration license shall be granted for a maximum duration of 5 years, with the right of extension for no more than 3 years, within the limits of the perimeter granted, with the anticipated payment, every year, of the tax on the exploration activity and the establishment of a guarantee Appropriate financial recovery, as set out in the environmental recovery project. (. The agreed exploration programme shall be executed in full, until the duration of the exploration licence is expired. (3) The area of the perimeter, defined by topogeodetic coordinates, in the national system in force, in which exploration mining activities are carried out is of the form and dimensions corresponding to the geological formations and structures and mineral resources subject to the exploration licence. (4) The holder of the exploration licence is obliged to submit to the competent authority six-monthly and annual reports on the work carried out and its related expenditure, on data established by the competent authority by rules, and a report ending with the applied methodology, the executed works, their related expenses and the results obtained, within 60 days from the expiry of the license period. (5) The holder has the right to reduce the area of the area of exploration, with the consent of the competent authority, on the basis of the stage documents, providing evidence that all the necessary work on the recovery of the environment has been carried out on the surface with the obligation to carry out the works provided for the first + Article 17 (1) At the request of the holder of the exploration license, he is entitled to obtain directly the exploitation license for any of the mineral resources discovered, under the conditions of art. 18 18 para. ((2) lit. a) and art. 20. (2) The holder of the exploration license has the right to continue, until the date of entry into force of the exploitation license granted under the conditions of art. 18 18 para. ((2) lit. a) and art. 20, execution of mining activities of experimental exploitation, conservation and maintenance of mining works executed in the area of exploration established. + Article 18 (1) The mining operation is carried out on the basis of an exclusive license, which is granted under the conditions of this law. (. The operating licence shall be granted: a) directly to the holder of the exploration licence, at his request, for any of the mineral resources discovered, within 90 days from the date of transmission to the competent authority of the final exploration report accepted by it; b) the winner of a public tender competition, organized by the competent authority under the conditions of this law, for the mineral resources established by the order provided in art. 19 19 para. ((2). + Article 19 (1) The initiative of the concession of mining activities under the conditions laid down in art. 18 18 para. ((2) lit. b) may belong to the competent authority or to Romanian or foreign interested legal persons (2) List of exploitation perimeters under the conditions of art. 18 18 para. ((2) lit. b) is established by the competent authority by order to be published in the Official Gazette of Romania, Part I. (3) In order to participate in the public offer competition, Romanian or foreign legal entities shall submit their tenders within a determined period, established by the competent authority by the order provided in par. ((2). (4) The offers shall contain the documents proving the technical and financial capacity of the tenderer, as well as other documents established by the competent authority through the procedure of conducting the public tender. (5) In order to be able to comply with the technical conditions necessary for the protection of groundwater will be taken out to the public tender offer for the concession of mining activities of exploitation only perimeters for which the acceptance was obtained in advance the competent authority in the field of water management. (6) The conditions for the organization and conduct of the public tender offer established in art. 18 18 para. ((2) lit. b), the criteria for selecting and designating the winner, as well as other aspects will be established, by way of derogation from the legislation on the concession regime, by the competent authority by norms. + Article 20 (. The operating licence shall be granted by negotiation on the basis of an application accompanied by: a) the feasibility study on the exploitation of mineral resources and the protection of the deposit, which will also include the initial plan of cessation of activity, drawn up in accordance with the rules issued by the competent authority b) the operation development plan drawn up in accordance with the technical instructions issued by the competent authority; c) the environmental impact assessment and the environmental review, as the case may be, drawn up under the law; d) the environmental recovery plan and the technical design, drawn up in accordance with the technical instructions issued by the competent authority; e) the social impact assessment study and the social impact mitigation plan, in accordance with the technical instructions issued by the competent authority in the field of social work and solidarity together with the relevant ministry. (2) The operating licence shall be granted for a maximum of 20 years, with the right of extension for successive periods of 5 years. (3) The holder of the operating license shall pay annually a fee on the operating activity and a mining fee, according to this law. (. The holder of the operating licence shall constitute a financial guarantee for the restoration of the environment in accordance with the technical instructions issued by the competent authority. + Article 21 ((1) The license shall end in written form. For exploration the license shall enter into force on the date of publication of the order of the President of the competent authority of its approval in the Official Gazette of Romania, Part I; for exploitation the license shall enter into force Official of Romania, Part I, of the Government's decision approving it. (2) The legal provisions existing on the date of entry into force of the license shall remain valid for the duration of the license, except for the appearance of any legal provisions favorable to the ------------- Alin. ((2) of art. 21 21 has returned to its original form by repealing section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007 by point 1 1 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009. ((3) Eliminated ------------- Alin. ((3) of art. 21 21 has been eliminated by the repeal of section 3 3 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007 by point 2 2 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009. (4) The modification/completion of the licenses in force is carried out by additional acts signed by the competent and titular authority. ------------- Alin. ((4) of art. 21 21 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 22 (1) The start of the mining activities provided for in the license shall be authorized in writing by the competent authority, within up to 180 days after the entry into force of the license, after the submission by the holder, cumulatively, of the following documents: a) proof of payment of the tax on mining activity; b) proof of the establishment of the financial guarantee for environmental restoration c) the certificate of tax attestation, showing that the license holder does not register outstanding obligations to the state budget; d) environmental agreement/authorization; e) for exploration-the opinion of the competent authority for the annual work programme; for exploitation-the opinion of the competent authority for the annual operating programme f) the agreement of the owner or the administrator of the land regarding access to the areas necessary for the execution of the mining activity (2) The authorization of the start of mining activities shall be made by the competent authority, no later than 30 days after the submission of the documents provided in par. ((1). + Article 23 Foreign legal entities that have obtained the right to perform mining activities are obliged, within 90 days from the entry into force of the license, to establish and maintain for the duration of the concession a subsidiary in Romania. + Article 24 (. The holder of a licence may transfer to another legal person the acquired rights and obligations assumed only with the prior written approval of the competent authority. Any transfer made without written approval is null and void. (. In order to approve the transfer, the competent authority shall take into account the criteria for approval, which shall be established by rules. (3) If the holder of the license changes its status by reorganization, sale or any other reason, the license, as negotiated, will be granted by addendum to the legal successors of the holder, based on the contract between the parties or the judgment, submitted to the competent authority. (4) The management licence is not transferable. + Article 25 Within the limits of an exploration/exploitation perimeter, the competent authority may grant, under the law, to legal persons other than the holder of the license, the right of exploration and/or exploitation for other mineral resources, with the agreement the holder. + Article 26 The right obtained by concession, as distinct from that of ownership of land, cannot in any way be transmitted by the holder for the benefit of another legal person except under the conditions of art. 24. + Article 27 The holder of the exploration/exploitation licence may contract bank loans for the execution of mining activities, with the certification of the concession's existence by the competent authority. + Article 28 ((1) Rocks usable in construction and peat accumulations may be extracted by natural or legal persons in determined quantities, within a period of up to one year and on the basis of an exploitation permit issued by the competent authority. The licence shall be issued to the (2) For the exploitation of sands and pebbles from minor beds of rivers the operating permits shall be issued after obtaining the notices provided for by the legislation in force in the field of water management. (3) In order to obtain the exploitation permit the applicants are obliged to establish the financial guarantee for the restoration of the environment, as well as to pay the tax on the operating activity and the mining royalty, under the law. The establishment of the financial guarantee for the restoration of the environment and the payment of the tax will be made at the date of issuance of the permit, and the payment of the 45, phased, during the validity of the operating permit. (4) When submitting documents for obtaining or renewing exploitation licenses/permits, applicants will present a rehabilitation agreement concluded with local public administration authorities for cases where the road transport of Mineral resources affect the road infrastructure and adjacent buildings in the respective urban or rural areas. -------------- Alin. ((4) art. 28 28 was introduced by the single article of LAW no. 284 284 of 11 October 2005 , published in MONITORUL OFFICIAL no. 917 917 of 13 October 2005. + Article 29 (1) Rocks usable in construction, peat and mineral waters, located on land areas owned by natural persons, may be used by the owner of the area only if they are not subject to an existing concession and only for their own needs, without marketing rights. The use is exempt from the payment of taxes and legal fees, provided that the competent authority is aware through its territorial bodies. (2) The provisions of par. (1) also benefits children's homes and retirement homes located on land areas owned by them. + Article 30 (1) The recovery of gold from alluviums, carried out outside the concessions, shall be made by natural and legal persons, on the basis of an exploitation permit issued by the competent authority. (2) The natural and legal persons authorized for the gold recovery activity in alluviums are obliged to pay the taxes and royalties provided by law. + Article 31 The mining concession or the delivery of the mining administration shall cease: a) by expiry of the duration for which it was granted; b) by giving up the license holder, under the conditions set out in art. 32 32; c) by revoking the license/license by the competent authority, according to the provisions of art. 34 34 and 35; d) at the request of the holder, in case of occurrence of events that constitute causes of force majeure and that determine the objective and definitive impossibility of fulfilling some obligations and/or realization of rights of the holder, provided in the licence and which are essential for the performance of the mining e) by depletion of exploitable reserves, only in the case of concession/management of mining activities. + Article 32 (1) The holder of the license/permit may waive it/this if at the time of notification of the waiver to the competent authority cumulatively meets the following conditions: a) make available to the competent authority the documentation on the activity carried out until the date of notification of the waiver, and its results b) provides the competent authority with the amount representing the value of the works provided for in the program of prospection/exploration works provided by the prospectus permit/exploration license, due on the date of notification of the waiver and unexecuted for reasons attributable to the holder. The resulting amounts are made to the state budget; c) provide the competent authority with the document certifying the execution of the damaged environment works as a result of the mining activities carried out until the moment of renunciation, issued by the competent authority in the field of environment; d) provide the competent authority with the amount representing the value of the non-executed conservation/closure works, related to the mining activities carried out until the time of the waiver, and the monitoring program of environmental factors postclosure, provided for in the cessation of activity plan. (. The competent authority shall verify that the conditions laid down in paragraph (1), within 60 days from the date of notification of the waiver of the license/permit. (3) Within the 60-day period provided in par. ((2), the concession/administration ceases if the competent authority has not communicated its refusal, which is obliged to issue the decision to terminate the administration or the concession, with effect from the date of fulfillment of the term. (4) If the competent authority refuses to issue the decision to terminate the administration or the concession on the grounds of waiver, the interested party may address, within 30 days from the communication, the administrative court competencies, which judge the dispute and decide, according to the law. The decision of the administrative court is final and irrevocable. The prior procedure is not mandatory. (5) The decision of the administrative court shall be carried out by the competent authority within 15 days, under penalty of a fine of 5 million lei per day of delay. Fines are made to the state budget. The provisions of the criminal law on non-execution of judicial decisions are also + Article 33 (. The competent authority shall suspend the licence/licence when it finds that a) the holder does not comply with the judgment of a court on disputes arising in the execution of mining b) the holder is subject to the procedure of judicial reorganization and/or bankruptcy; c) the holder has been suspended the agreement and/or the authorization on environmental protection and/or labor protection; d) the holder endangers, by way of execution of mining activities, the possibility of future exploitation of the deposit, violates the rules on the safe protection and exploitation of deposits; e) the holder brings serious health and safety violations found by the competent authorities in the field. (2) Suspension of the license/license for any of the reasons provided in par. ((1) produces effect on the holder from the date of communication made by the competent authority until the disappearance of the case which caused the suspension for a maximum period of one year. + Article 34 The competent authority shall cancel the license/license of the holder sanctioned contraventionally, within 30 days from the receipt of the notification, when it finds that: a) the holder does not fulfill his obligations regarding the authorization and the term on the start of mining activities; b) the holder shall continue to stop work for a period of more than 60 days without the consent of the competent authority; c) the holder shall use exploitation methods and technologies other than those laid down in the development plan without the consent of the competent authority; d) the holder performs mining activities in violation of art. 22 22 para. ((1) lit. e); e) the holder has been cancelled the agreement and/or the authorization for the protection of the environment and/or the protection of work; f) the holder shall, knowingly, provide the competent authority with data and false information about its mining activities or violate the confidentiality clauses provided for in the licence; g) the holder does not pay within 6 months from the date of chargeability the taxes and the mining royalties due to the state; h) the holder does not meet the conditions and does not comply with the time 33 33 para. ((2) on the suspension of the license/permit. + Article 35 (1) Within 30 days from the date of notification provided for in art. 33 33 para. (2), the holder may ask the administrative court to revoke the measure of suspension/cancellation of the license/license. (2) At the request of the holder and with the hearing of the competent authority that ordered the measures provided in par (1), the court may order the suspension of the measure taken until the final stay of the court decision by which the court rules on the legality and merits of the suspension/cancellation. (3) The procedural provisions provided for in art. 32 32 para. ((4) and (5) shall apply accordingly. + Article 36 (1) If an event is occurred between those provided for in art. 31 lit. d), the holder shall notify the competent authority of the situation within 5 days from the occurrence of the event, with the presentation of the documents certifying force majeure within 15 days of its production, issued by the institution legally empowered for this purpose. Termination of the concession or administration shall take effect 30 days after the date of notification of the force majeure. (2) If, within the deadline of 30 days provided in par. ((1), the competent authority shall notify the holder of the licence to refuse or accept the event invoked by the holder as a cause of force majeure, causing the initiation or continuation of the operation of the mining activities to be definitively The holder of the licence may ask the administrative court to pronounce the unilateral cancellation of the licence for the case of force majeure without obligation to pay damages. ((3) In the event of the cancellation of the license, after the irrevocable stay of the judgment, the competent authority will issue the decision to terminate the concession or the administration. (4) The procedural provisions provided for in art. 32 32 para. ((4) and (5) shall apply accordingly. + Article 37 (1) The decision to terminate the concession or the administration granted by license shall be published in the Official Gazette of Romania, Part I, with the mention of the date on which it produces effect, and shall be entered in the Mining Book by the competent authority. ((2) Within 3 months from the termination of the concession or administration for any of the causes provided for in art. 31 lit. a)-d), the technical annexes and the dependencies whose dismantling may jeopardize the security of the works pass into the property of the state, without any allowance and free of any tasks, regardless of their nature. ((3) Concessions or administrators shall respond materially and financially to the restoration of all environmental factors affected by mining activities, in accordance with the environmental recovery plan approved by the competent authority. ((. Within a maximum of 3 months after the cessation of the concession or administration, the competent authority shall determine the measures to be taken in respect of the exploration/exploitation area and its related facilities. (5) The holder of the licence shall remain, according to the rules of the non-contractual civil liability, to repair the damage caused to other natural or legal persons at fault through the mining activities carried out until the expiry date or waiver, even if such damage is found after the cessation of the concession or administration. + Chapter IV Rights and obligations of the holder + Article 38 The license holder shall have the following rights: a) have access, under the law, to the land necessary to carry out mining activities within the limits of the perimeter provided in the license/permit; b) to execute all the mining activities provided for in the license/permit, within the limits of the granted perimeter; c) dispose of the quantities of mining products made; d) to use, in compliance with the legal provisions in the field of water management and environmental protection, sources of surface or underground water necessary to carry out mining activities; e) to associate with other legal entities in order to execute the mining activities provided for in the license, with the prior approval of the competent authority. The responsibility of fulfilling the obligations of the license rests exclusively with the associate who is the license holder. In order to issue the approval of the association the competent authority will consider at least the following elements: the technical and financial capacity of the one with which the association is concluded, the object of the association, the way of delimiting the rights and obligations Associates. Companies and national companies that perform mining activities will obtain the approval of the competent authority only with the prior consent of the relevant ministry; f) obtain from the competent authority, under the law, the data and information necessary to carry out its mining activities, to own and use this data and information, as well as those obtained from its own activities, for the duration the validity of the licence/permit; g) to interrupt the activity for a period exceeding 60 days, with the prior consent of the competent authority; h) to build roads, bridges, railways, power grids, as well as other infrastructure utilities necessary for mining activities, under the law. + Article 39 (. The licence holder shall have the following obligations: a) comply with the provisions of this law, the rules and instructions issued in its application and the provisions of the license/permit; b) to develop, on the basis of the license/license, before the start and during the mining activities, technical and economic documentation for their realization, documentation in order to obtain the environmental agreement/authorization according to the environment in force, according to art. 22 22 para. ((1) lit. d), and submit them to the approval of the competent authority, according to art. 14-20 14-20, 28 and 30. In the case of economic agents under the authority of the relevant ministry, its prior opinion is necessary; c) to start mining activities no later than 210 days after the entry into force of the license; d) obtain, draw up, keep up to date and transmit to the competent authority, at the fixed deadlines, the data, information and documents provided for in the license/permit, relating to the mining activities executed, and the results obtained, for to be registered in the Mining Book and the Extractive Cadastre. In the case of radioactive ores, this data will also be transmitted to the competent authority in the field, according to the legal provisions; e) to inform the competent authority of the control acts carried out by the local authorities for the protection of the environment and the protection of work; f) to maintain confidentiality on the data and information obtained, under the law, from the competent authority and the relevant ministry, as well as from its own activity and to disseminate them only under the conditions provided for in the license; g) to update the cessation plan periodically and to submit it to the competent authority; h) to recover and protect natural mineral associations with aesthetic and scientific value, called mine flowers, found in the executed mining works, and to inform the competent authority; i) in case of termination of concession by any of the modes provided in art. 31, to proceed to the surrender to the competent authority of the perimeter established, under the conditions provided in art. 37 37 para. ((2) and (5); j) meet within the deadlines established the measures ordered in writing by the competent authority, in the exercise of their duties, according to the law; k) to execute and complete the environmental restoration works in the perimeters affected by the mining activities; l) to carry out the necessary topographic measurements to the day and to complete the situation plans of all works carried out during the course of the mining activities, in accordance with the Mining Surveying Regulation; m) not to transport, not to use, not to manipulate and not to store in the works carried out waste and dangerous and/or toxic, radioactive substances or any other polluting substances, except in compliance with the legal provisions; n) obtain the opinion of the port authorities and of the competent public authorities in the field of transport and water management for carrying out mining activities in the area of waterways; o) organize, in addition to the entries in the mine through which the access of the personnel is made, as well as underground, first aid medical services, equipped with personnel, equipment, specialized instrumentation and materials, according to the norms issued by the authority competence in health care; p) at the end of the concession, to execute the works of preservation and/or closure of the mine/career, according to the plan of cessation of activity, including the monitoring of the post-closing environmental factors q) to bear the expenses related to the transfer of technology and professional improvement, provided in the license. These amounts will be transferred to a separate account of the competent authority, opened for this purpose, and will be highlighted as such; r) to prepare and finance the implementation of the measures contained in the social impact mitigation plan; s) to maintain throughout the period of exploitation the financial guarantee for environmental restoration; t) to pay the taxes on mining activity and mining royalty within the deadlines set by this law. ((2) If the holder of the license is a company or a national mining company, it shall also have the following obligations to the relevant ministry: a) to base and transmit annually, at the established deadlines, the financing volumes necessary to carry out the works provided for in the license; b) to transmit the requested information regarding the production and investments made, as well as to the use of funds granted from the state budget; c) transmit to the competent authority the data and documents referred to a) and b), approved by the relevant ministry, to be registered in the Mining Book and the Extractive Cadastre; d) to execute, in the case of privatization, the works of preservation/closure of mines/quarries and the restoration of the environment on the affected areas until the moment of privatization. + Chapter V Authorisations + Article 40 The procedures for obtaining permits, agreements and/or environmental and labor protection notices, necessary for the conduct of mining activities, will be coordinated by each authority, according to the powers and regulations established by legislation in force. + Article 41 (1) The competent authority shall inform in writing, within 10 days from the date of entry into force of the operating licences, the county councils, the local councils and the county prefectures within which the concession perimeters are located about mining activities and perimeters leased through these licences. (2) Within 90 days from the receipt of the information provided in par. (1), county councils and local councils will amend and/or update existing spatial planning plans and general urban plans, to enable the execution of all operations necessary to carry out activities. Concession mining. + Article 42 (1) The authorizations, agreements and other approvals and opinions necessary for the construction-assembly activities of mines and other construction activities necessary for the commencement and carrying out of the mining activities will, as a rule, be issued for the whole of these constructions and not separately for each construction, as requested by the licence holders. ((2) The authorizations, agreements and other approvals and opinions necessary for the construction-assembly activities of mines and other construction activities necessary for the commencement and carrying out of mining activities may impose conditions on parameters and the operating characteristics of the respective constructions and installations. + Article 43 ((1) The authorizations, agreements and other approvals and operating notices necessary for carrying out mining activities shall be valid for the duration of the licences and licences under which these activities are carried out. In case of modification of the conditions contemplated in the issuance of permits, agreements and other approvals and approvals necessary to carry out mining activities, the holders of these activities must request the issuance of new authorizations, agreements, opinions and approvals. ((2) The authorizations, agreements and other approvals and operating notices necessary to carry out the mining activities shall be issued for all the operations necessary for the mining activities or separately for each operation or category of operations, according to the licence holders ' request. (3) Compliance with the conditions imposed by the permits, agreements and other approvals and opinions issued for the construction-assembly activities of mines and other necessary constructions in order to start and carry out mining activities, according to art. 42 42 para. (2), and compliance with the conditions provided by law regarding the conduct of mining activities shall be monitored by the license holders and shall be verified by the competent authorities in the field, during the technological evidence, which cannot be months after completion of construction-assembly operations. (4) If compliance with the conditions in accordance with the provisions of par. (3), authorisations, agreements and other approvals and operating notices necessary for the conduct of mining activities shall be issued no later than 10 days after the completion of the technological evidence, only if the legislation in force does not provide otherwise. + Chapter VI Taxes, mining royalties and tariffs + Article 44 (1) The holders of licenses/permits are obliged to pay to the state budget a fee for the activity of prospection, exploration and exploitation of mineral resources, as well as a mining royalty. (2) The annual fee for the prospecting activity shall be fixed at 341 lei/sq km. ---------- Amount of annual fee referred to in paragraph ((2) of art. 44 has been updated according to lit. a) a art. unique of JUDGMENT no. 350 350 of 20 May 2015 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2015. (3) The annual fee for the exploration activity is fixed at 1.367 lei/kmp; it doubles after 2 years and becomes 5 times higher after 4 years. ---------- Amount of annual fee referred to in paragraph ((3) of art. 44 has been updated according to lit. b) a art. unique of JUDGMENT no. 350 350 of 20 May 2015 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2015. (4) The annual fee for the operating activity is set at 34.180 lei/kmp. ---------- Amount of annual fee referred to in paragraph ((4) of art. 44 has been updated according to lit. c) a art. unique of JUDGMENT no. 350 350 of 20 May 2015 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2015. (5) The amount of taxes provided in par. (2)-(4) will be updated annually, at the proposal of the competent authority, by Government decision, depending on the inflation rate. (6) The fees provided in par. ((2)-(4) is due annually and shall be paid in advance for next year, until December 31 of the current year. + Article 45 (1) The mining redevelopment due to the state budget shall be established, at the conclusion of the license or at the issuance of the operating permit, as follows: a) a percentage share of 5% of the value of mining production for ferrous, non-ferrous ores, aluminium and aluminium rocks, radioactive, rare earth and disperse, precious and semi-precious stones, mining waste products, bituminous rocks, waters therapeutic minerals, thermomineral waters, geothermal waters and their accompanying gases, non-combustible gases, sludge and therapeutic peat; b) a percentage share of 4% of the value of coal mining production; c) a percentage share of 6% of the value of mining production for noble metals; d) the equivalent in lei of 0,875 euros, on the mining production unit, for non-standard substances; e) the equivalent in lei of 0.4375 euros, on the mining production unit, for magmatic rocks, metamorphic rocks, industrial ironing and construction, dolomite, sandstone and industrial bushes; f) the equivalent in lei of 0.50 euro, on the mining production unit, for clays, sizes, loess, sand and gravel, sand and caolinous rocks; g) the equivalent in lei of 0.6875 euros per unit of mining production, for industrial blue, pumice stone, nefelinic sienite, gypsum, chalk, siliceous sand, bentonite, caolinos sand, slate and diatomitis; h) the equivalent in lei of 2.5 euros, on the mining production unit, for ornamental basalt, dacit ornamental, ornamental andeit, ornamental riolith, ornamental granite and ornamental granodiorit; i) the equivalent in lei of 3,125 euros, on the mining production unit, for ornamental blue, ornamental aragonite and ornamental siliconite; j) the equivalent in lei of 3.75 euros, on the mining production unit, for marble, ornamental limestone, ornamental tiles, travertine and ornamental bushes; k) the equivalent in lei of 1.0 euro, on the mining production unit, for haloid salts. ------------- Alin. ((1) of art. 45 45 has been amended by art. VI of EMERGENCY ORDINANCE no. 102 102 of 14 November 2013 , published in MONITORUL OFFICIAL no. 703 703 of 15 November 2013. (1 ^ 1) Mining redevents provided in par. ((1) shall be paid at the official exchange rate of lei/euro established on the first working day of October of the previous year, published in the Official Journal of the European Union. ------------- Alin. ((1 ^ 1) of art. 45 45 has been introduced by section 4 4 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 5 5 ^ 1. (2) The mining redevence due to the state budget for natural mineral waters is established at source, in the equivalent in lei of 4 euro/1,000 liters, at the rate of the National Bank of Romania from the date of payment. ------------- Alin. ((2) of art. 45 45 has been amended by section 3 3 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending section 5 5 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. ((3) Abrogat. ------------- Alin. ((3) of art. 45 45 has been repealed by section 6.6. 6 6 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (4) The mining redevance shall be due from the day of commencement of production and shall be payable quarterly, with maturity up to the 25th of the first month of the following quarter. ------------- Alin. ((4) of art. 45 45 has been amended by section 1 1 of art. V of EMERGENCY ORDINANCE no. 47 47 of 1 September 2012 , published in MONITORUL OFFICIAL no. 635 635 of 6 September 2012. + Article 46 Holders are required to submit to the competent authority the data and information necessary to calculate the mining royalty due under the law. + Article 47 (1) Verification of the accuracy of the data and information on the basis of which the fee for mining activity is calculated and the mining royalty is made by the competent authority, as well as by the fiscal bodies subordinated to the National Agency for Tax Administration. ((2) The amounts representing the fee for the mining activity and the mining fee due to the state budget shall be declared by the payer to the competent fiscal body until the payment deadline provided for in art. 45 45 para. ((4). (3) For the non-payment of the taxes for the mining activity and the mining fee, interest and late payment penalties are due, according to the tax legislation in force. --------- Article 47 has been amended by section 6.6. 2 2 of art. V of EMERGENCY ORDINANCE no. 47 47 of 1 September 2012 , published in MONITORUL OFFICIAL no. 635 635 of 6 September 2012. + Article 48 (1) For acts issued in the exercise of his/her duties: opinions, prospection and exploitation permits, exploration and exploitation licenses, reserve registration documents, mining activity termination decisions, association approvals, transfer of the licence, addenda to licences, attestations, authorizations or other such acts, as well as for the consultation and use of documents and information relating to mineral and mining resources, the competent authority shall charge tariffs established by order of the President of the competent authority published in Official Gazette of Romania, Part I. (2) Extrabudal incomes made according to par. ((1) the competent authority shall be used to finance expenditure for the compilation of data packages and the launch of public calls for tenders, the organisation of the rounds of presentation of the conditions for participation in the public offering, tenders and elaboration of studies, surveys and technical advice and other material expenses, as well as for endowments. ------------- Alin. ((2) art. 48 was amended by Article VI of the EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. ((. The remaining unused revenue at the end of the budget year shall be taken as revenue in the following year at the disposal of the competent authority. (4) The categories of expenditure to be financed from extra-budgetary income approved by the state budget law shall be established by order of the President of the competent authority. ------------- Alin. ((4) art. 48 was amended by Article VI of the EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Article 49 The payment of taxes, tariffs and royalties provided for in this Law does not exempt the holder of the license/payment permit due under the tax legislation in force. + Article 50 Repealed. ------------- Article 50 was repealed by point (a). 1 1 of the single article of LAW no. 237 237 of 7 June 2004 , published in MONITORUL OFFICIAL no. 553 553 of 22 June 2004. + Chapter VII Closure of mines + Article 51 (1) The mining activity of a deposit shall cease when: a) exploitable mineral resources have been exhausted; b) the continuation of exploitation has become impossible due to natural causes-floods, surpasses, landslides or caused-endogenous fires, gas explosions-, the effects of which cannot be removed by technical interventions, under conditions economic; c) exploitation has become economically unprofitable. (2) When one of the causes listed in par. ((. The licence holder shall submit to the competent authority the approval of the cessation of exploitation. (3) The competent authority shall have the final or temporary closure of the operating activity on the basis of the cessation plan. For the perimeters leased to the companies and the national mining companies the closure will be approved in advance by the relevant ministry. + Article 52 ((. The initiative for the cessation of the activity of a mine or quarries belongs to the holder of the operating licence, which shall submit to the competent authority an application accompanied by the updated termination plan, including a) the motivation of the cessation of activity, based on a technical-economic documentation; b) the technical program of decommissioning or conservation of exploitation, which will also include the monitoring program of the post-closing environmental factors. In the case of companies and national mining companies, the program will be approved in advance by the relevant ministry; c) the social protection program of personnel, through redistribution and/or retraining, financial compensation and/or regional development measures for the creation of new jobs, drawn up according to the law, after consultation with the groups affected, and approved by the competent authority on social protection. In the case of companies and national mining companies, it is also approved in advance by the relevant ministry; d) the authorization of water management and the environmental authorization for the closure of the mine or the respective career; e) the procedure for decommissioning and releasing the land. (2) The mining activity shall cease by the decision of the competent authority, after the analysis and acceptance by the competent authority and the relevant ministry, as the case may be, of the plan of termination of the activity and after its implementation. The decision to preserve/close the mine or the quarry belonging to the national mining companies and companies will be approved by the Government, with the preservation/closure to be financed also from budget funds. (3) The closure of mines and the restoration of the environment in the case of mines or quarries, of exploration works stopped before the entry into force of this Law and which are not subject to a licence shall be made with the consent of the competent authority, by the relevant ministry, through the specialized directions, with budgetary funds. (4) Mining perimeters with temporary closed operation activity, approved according to art. 51 51 para. ((3), may be given in concession/administration to another holder after stopping the activity. To that end, the competent authority shall hold a public tender. + Article 53 ((1) The responsibility of following the obligations arising from the plan to terminate the mine or career activity belongs to the competent authority. For companies and national mining companies this tracking will be done together with the relevant ministry. (2) During the implementation of the plan for the cessation of the mine or career, the holder must meet the conditions imposed by the legal authorities who have granted opinions. ((3) The implementation of the post-closing environmental factors monitoring program will be done by the holder, with own funds. For companies and national mining companies the monitoring of the post-closing environmental factors will be done by the relevant ministry, through the specialized directions, with budget funds. + Chapter VIII Competent authority + Article 54 The competent authority empowered for the application of the provisions of this law is the National Agency for Mineral Resources, organized as a public institution of national interest, with legal personality, principal authorising officer, subordinated Government. + Article 55 (1) The National Agency for Mineral Resources has the following main tasks: a) manages the mineral resources and the national geological fund, public property of the state; b) establishes the terms and conditions of licenses/permits, grants and issues the licenses/permits provided by law and regulates the carrying out of mining activities by technical rules and instructions on the conduct of mining activities, issued in application of this law c) receives, verifies and records the data and information on mineral resources and reserves and organizes the national geological fund; it constitutes the national fund of mineral resources/reserves. Official data on mineral resources/reserves are those registered in the national fund; d) sets the tariffs provided in art. 48 48 para. (1), under the law; e) pursue and verify the production of mineral resources for the calculation of royalties f) pursues the application of the measures established for the protection of the surface and subsoil, during and after the completion of the mining activities, in accordance with g) control the observance by the holder of the provisions of the license/permit, as well as those of the rules and instructions in the field and order measures to impose them; h) endorses the documentation on the execution of mining activities, as well as the documentation for the cessation of mining activities, only with the provision and approval, according to the law, of environmental protection and ecological reconstruction measures; i) establish hydrogeological protection perimeters for natural mineral groundwater deposits, geothermal and thermomineral, sludge and therapeutic turbe fields and endorse the establishment of health protection perimeters; j) in the exercise of the control activity, collaborates with the territorial authorities of water management, environmental protection and labor protection; k) orders the suspension of mining activities executed outside the established perimeter, those without approved technical documentation, as well as those who by way of deployment can lead to unjustified losses of reserves or degradation deposits, until the causes that have occurred to them; l) develop the technical norms and instructions for the application of this law, with the assistance of the ministries m) elaborates and keeps up to date the Mining Book and the Extractive Cadastre, as provided in the rules for the application of this law. The legal acts and documents not registered in the Mining Book and the Extractive Cadastre are not opposable to third parties; n) ascertains and notifies the non-compliance o) develop draft laws and draft decisions of the Government for mining activities. (2) The operation and organization of the National Agency for Mineral Resources shall be established by Government decision. + Chapter IX Responsibilities of the relevant ministry + Article 56 The relevant ministry ensures the carrying out of mining activities according to this law: a) develop strategies and policies in the field of mineral resources, which are subject to Government approval; follow and participate in their realization, in accordance with their own competences. Elaborate strategies and policies apply to participants in mining activities only in a favorable sense; b) evaluates and approves the budget for the production of mineral resources at national mining companies and companies, according to art. 39 39 para. ((2); c) develop programmes in the implementation of the strategies and policies referred to in a), as well as the budget provided for in lett. b), including prospection programs that are carried out with funds allocated from the state budget; d) is the principal authorising officer for budgetary allocations for retrofit-development, prospecting programs, as provided for in the annual geological plan elaborated according to lit. c), technological research, environmental protection and restoration, restructuring, preservation/closure of mines or quarries, according to lit. k), social protection measures in case of closure of mines, according to lit. j), and other activities in the field of mineral resources; e) ensure the preparation of studies, on the basis of which, together with the competent authority in the field of finance, select the mining products whose exploitation is carried out with funds from the state budget; the law; f) endorses, together with the competent authority in the field of labor and social solidarity, normative protection of labor in mining; g) endorses, together with the competent authority in the field of environmental protection, normative environmental protection specific to the mining activity; h) elaborates, together with the competent authority in the field of social work and solidarity and with employers ' and trade union organizations, health and insurance assistance programs for risk and accidents, in order to rehabilitate and compensate those who have suffered accidents at work and occupational diseases in the mining activity; i) endorse feasibility studies and plans for the development of national mining companies and companies, as well as permanent or temporary cessation of exploitation activities; j) substantiates and develops national policies in the field of social problems in areas with mining activity, together with the competent authority in the field of social work and solidarity and with the local public administration bodies; k) through the specialized directions, commits the execution of works of preservation/closure of mines or quarries belonging to national mining companies and companies, as well as mines or quarries, of exploration works stopped before the entry into force of this Law and which are not subject to a licence and shall ensure the monitoring of post-closure environmental factors; l) endorse the draft laws and draft decisions of the Government for mining activities. + Chapter X Sanctions + Article 57 (1) Non-compliance by the holders of the permits and licenses of the obligations provided for in this law constitutes contravention if, according to the criminal law, it is not a crime and is sanctioned with contravention fine as follows: a) from 30,000,000 lei to 60,000,000 lei, for violation of the obligations established in art. 23 and to art. 39 39 para. ((1) lit. b), d), e), f), h) and i) and para. ((2) lit. c); b) from 60,000,000 lei to 200,000,000 lei, for violation of the obligations established in art. 39 39 para. ((1) lit. a), c), g), j), l), n), o) and s); c) from 200,000,000 lei to 500,000,000 lei, for violation of the obligations established in art. 4 4 para. ((3) and in art. 39 39 para. ((1) lit. k), m), p) and t). (2) Execution of mining activities without a license or license, except in the cases provided in art. 29, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. ----------- Alin. ((2) of art. 57 57 has been amended by section 1 1 of art. 128, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. ((3) Abrogat. ----------- Alin. ((3) of art. 57 57 has been repealed by section 6.6. 2 2 of art. 128, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 58 (1) The commission for the second time of any of the contraventions sanctioned according to the provisions of art. 57 is sanctioned with double the maximum fine provided for in art. 57. (2) Further violation of the provisions for which sanctions are established in art. 57 attracts revocation of license/license. (3) Contraventions provided in art. 57 are applicable to them, insofar as this law does not otherwise have the legal provisions on the legal regime of contraventions. (4) The value limits of the fines provided for in art. 57 will be updated periodically, according to art. 44 44 para. ((5). + Article 59 (1) The finding of contraventions and the application of sanctions shall be made by the authorized personnel of the competent authority. (2) The amounts from fines are made to the state budget, according to the legal provisions on the legal regime of contraventions. + Chapter XI Transitional and final provisions + Article 60 (1) The provisions of the licences in force remain valid, for their entire duration, as they have been concluded. ------------- Alin. ((1) of art. 60 60 has been amended by section 5 5 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (1 ^ 1) Granting facilities of the nature of state aid to holders of exploration and/or exploitation licenses concluded before the entry into force of this law, for those pending approval by the Government and for new applicants shall be granted. comply with the legislation in the field of State aid. ------------- Alin. ((1 ^ 1) art. 60 60 has been introduced by section 3 3 of the single article of LAW no. 237 237 of 7 June 2004 , published in MONITORUL OFFICIAL no. 553 553 of 22 June 2004. ((2) Abrogat. ------------- Alin. ((2) of art. 60 60 has been repealed by section 6.6. 6 6 of art. I of LAW no. 262 262 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 101 101 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 8. (3) The direct granting of exploitation licenses will be made under the conditions existing at the time of submission of requests only for public institutions, national mining companies and companies that on June 15, 2001 had submitted to the competent authority shall require the necessary documentation. + Article 61 The settlement of disputes in connection with the interpretation and execution of licenses/permits is the jurisdiction of the courts of Romania, if the parties have not agreed the arbitration, including the international courts. + Article 62 Within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the competent authority will develop the norms for its application, which are approved by Government decision. + Article 63 The relevant ministry together with the competent authority in the field of labor and social solidarity, in consultation with trade unions and branch employers, will elaborate, within 90 days of the publication of this law in the Official Gazette of the Romania, Part I, Staff Regulations of the mining industry, which are approved by Government decision. + Article 64 The competent ministry together with the competent authority will develop, within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the Mining Surveying Regulation. + Article 65 (1) For rapid intervention in cases of accidents and damage, the holder organises mining stations. (2) The organization of the mining stations is made with mines and quarries or in central units, on basins or mining regions. The organization decision belongs to the holder, who is obliged to obtain in advance the opinion of the territorial inspectorate for labor protection and the territorial environmental inspectorate. (3) The organization and functioning of the mining rescue stations shall be made according to the Romanian legislation in the fields of environmental protection and labor protection. + Article 66 (1) In order to prevent accidents in mining activity, as well as for the recovery of labor and/or the granting of compensation and aid to legal offspring in cases of death, professional associations may be organized, according to the law, as non-profit legal entities. (2) The associations provided in par. ((1) shall be organized and operated in accordance with the legislation in force. (3) The obligation of the contribution of the holders of the licenses to the intervention funds of the association will be entered in their status, and the amount of the contribution will be agreed + Article 67 For radioactive raw materials The National Nuclear Activities Control Commission exercises nuclear security control, the National Atomic Energy Agency reported, and it reports to international nuclear safety bodies. specialty, according to agreements and conventions to which Romania is a party. + Article 68 This law enters into force on the date of its publication in the Official Gazette of Romania, Part I. + Article 69 The date of entry into force of this Law shall be repealed Mine Law no. 61/1998 , published in the Official Gazette of Romania, Part I, no. 113 113 of 16 March 1998, with subsequent amendments and completions, as well as any other provisions to the contrary. This law was passed by the Senate at the meeting of February 20, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at its meeting on February 25, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, March 18, 2003. No. 85. ---------