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Law No. 186 Of 9 May 2003 On The Promotion Of Culture By

Original Language Title:  LEGE nr. 186 din 9 mai 2003 privind promovarea culturii scrise

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LEGE no. 186 186 of 9 May 2003 (* republished *) on support and promotion of written culture *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 929 929 of 16 November 2006



_________ Note * *) Republicated pursuant to art. II of Government Ordinance no. 24/2006 to amend and supplement Law no. 186/2003 on the promotion of written culture, published in the Official Gazette of Romania, Part I, no. 85 of 30 January 2006, approved with amendments and additions by Law no. 255/2006 , published in the Official Gazette of Romania, Part I, no. 559 of 28 June 2006, giving the texts a new numbering. Law no. 186/2003 was published in the Official Gazette of Romania, Part I, no. 339 339 of 19 May 2003. + Chapter I General provisions + Article 1 (1) This law establishes the legal framework for the support and promotion of written culture. (2) For the purposes of this law, the written culture means the field of reference that includes books, magazines and other publications, having a literary-artistic, technical-scientific character, edited on any kind of support. + Article 2 The provisions of this law benefit the activities of creation, editorial production, printing, broadcasting and promotion of written culture. + Article 3 They are not subject to this law advertising information printing, fashion publications, interior decoration, sports, television and broadcasting information, daily newspapers or periodicals that do not have an incidence with the domain of the reference provided in art. 1, almanacs, horoscopes, calendars, pornographic publications, those intended for gambling and rebus publications. + Chapter II Measures to support the written culture + Article 4 (1) The central and local public administration authorities, as well as public institutions may provide financial support, partially or fully, alone or in partnership, for the editing of publications in the category of those provided in art. 1. (2) The establishment of the publications for which financial support is to be granted shall be made by selection of tenders based on the proposals of the special commissions constituted for this purpose, by the public authorities or institutions provided in par. (1); the offers are formulated by the publishing houses and the editorial offices of the publications. (3) In the localities where an ethnic minority exceeds the threshold of 20% of the total population, from the commissions constituted by the local authorities, in accordance with the provisions of par. (2), there will also be representatives of the respective minority. (4) In the budgets of central and local public administration authorities, as well as of public institutions may be provided, distinctly, funds for the provision of financial support for the publishing of books, magazines and other publications in the the category of those referred to in 1. ((5) The amounts of the financial support granted may cover the costs of editing and copyright, until full. + Article 5 (1) The non-reimbursable financing of the editing of works in the category of those provided in 1, by state order, shall be provided from the own budget of the Administration of the National Cultural Fund, a public institution, with legal personality, subordinated to the Ministry of Culture and Religious Affairs, which operates according to the law. (2) The state order will have as priorities the realization of encyclopedias, treaties, dictionaries, atlases, critical editions of Romanian and foreign classical writers, definitive editions of author, literary debut and children's literature. (3) The funds necessary to ensure the financing provided in par. (1) are provided separately, with this destination, in the budget of the National Cultural Fund Administration. + Article 6 (1) Grant grant agreement, according to art. 5, is made by selection of tenders, based on the proposals of the evaluation and selection committee specially constituted for this purpose. (. The Commission referred to in paragraph 1 (1) is organized and operates under the coordination of the National Cultural Fund Administration, under the law. + Article 7 (1) The central and local public administration authorities, as well as public institutions, may allocate financial resources for the purchase of books and subscriptions to magazines in the category of those provided in art. 1 1 for libraries under their command. ((2) The proposals on book purchases and subscriptions to magazines shall be established by the evaluation and selection committees specially constituted for this purpose, by the public authorities or institutions provided in par. ((1). (3) In the localities where an ethnic minority exceeds the threshold of 20% of the total population, from the commissions constituted by the local authorities, in accordance with the provisions of par. (2), there will also be representatives of the respective minority. (4) In the budgets of central and local public administration authorities, as well as those of public institutions may be provided, distinctly, funds for the purchase of books and publications for libraries subordinated or under their authority. + Article 8 (1) The Ministry of Culture and Religious Affairs carries out the National Program for the purchase of books and subscriptions to magazines in the category of written culture, in order to develop and update the collections in public libraries under the authority local or county councils. (2) Books and subscriptions to magazines, which will be subject to purchase according to par. ((1), shall be determined by a special committee set up for that purpose. (. The Commission referred to in paragraph 1 (2) shall be organized and operated under the authority of the Ministry of Culture and Religious Affairs and shall consist of independent specialists and experts, including representatives of national minorities, designated for each selection session of tenders by order of the Minister of Culture and Religious Affairs (4) The Commission shall, by a majority of the votes of the members present, make proposals for the purchase of titles and subscriptions to magazines, which shall be subject to the analysis and approval of the Minister of Culture and (5) In formulating the proposals, the Commission will consider the qualitative and numerical situation of existing collections in public libraries under the authority of local and county councils, as well as the resources allocated annually by these authorities to purchase of books and subscriptions. (. The Commission shall receive and analyse the appeals made in connection with the selection of tenders and shall make proposals to the Minister of Culture and to the + Article 9 Financial resources for the program provided in art. 8 8 para. (1) are constituted from budgetary allocations, provided distinctly with this destination in the budget of the Ministry of Culture and Religious Affairs, as well as from the funds established according to art. 23. + Article 10 Central and local public administration authorities, as well as public institutions can grant, for the realization of projects in the field of written culture, study scholarships, as well as study and travel grants, in the country and abroad. + Article 11 (1) The Romanian Cultural Institute, other public institutions, as well as central and local public authorities, alone or in partnership, can provide financial support for the translation and/or editing, abroad, of works in the category of those provided in art. 1. (2) The amount of financial support provided in par. ((1) may include payment of corresponding copyright and translation/editing costs, up to full. + Article 12 (1) Scholarships and grants provided in art. 10, as well as the financial support provided in art. 11 11 para. ((1) shall be granted on the basis of the proposals made by the specially constituted committees, for this purpose, by the authorities and the financing public institutions. (2) In the localities where an ethnic minority exceeds the threshold of 20% of the total population, from the commissions constituted by the local authorities, in accordance with the provisions of par. (1), there will also be representatives of the respective minority. + Article 13 (1) Under the authority of the Romanian Cultural Institute, the Commission for the promotion abroad of national written culture shall be established and operated. (. The Commission referred to in paragraph 1 (1) is constituted by domain and is made up of specialists and independent experts. (3) Members of the commission referred to in paragraph (1) are designated by order of the President of the Romanian Cultural Institute (4) The rules of organization and operation, the working procedures of the commission referred to in par. (1), as well as its powers and powers are established by order of the President of the Romanian Cultural Institute. + Chapter III Dissemination and promotion + Article 14 Dissemination of publications provided in art. 1 benefits on the territory of Romania the services of the National Company "Posta Romana"-S.A. at a rate of 50% of the one applied for the broadcast service of imprimates. + Article 15 (1) In order to promote editorial production, in the budget of the Ministry of Culture and Religious Affairs can be provided distinctly funds to support the organization in the country of festivals, fairs, salons, book exhibitions, press and multimedia, including in collaboration with the professional organizations of publishers and broadcasters, as well as with the unions of creators recognized as legal entities of public utility. (2) The Romanian Cultural Institute, alone or in collaboration with the Ministry of Culture and Religious Affairs, as well as with the professional organizations of publishers, broadcasters, unions of creators recognized as legal entities of public utility, can support the organization abroad of events such as those provided in par. ((1). (3) For the organization abroad of festivals, fairs, salons, book exhibitions, press and multimedia, in the budget of the Romanian Cultural Institute, respectively in that of the Ministry of Culture and Religious Affairs, can be provided distinctly funds for this purpose. (4) The Ministry of Education and Research may financially support the organization of events such as those provided in par. (1) and (2), alone or in partnership with the Ministry of Culture and Religious Affairs, respectively with the Romanian Cultural Institute. + Article 16 (1) If the representation of Romania at a fair organized abroad is ensured only by the professional organizations of publishers and broadcasters, as well as by the unions of creators recognized as legal entities of public utility, The Ministry of Culture and Religious Affairs and the Romanian Cultural Institute can contribute, within the limits of the funds provided in art. 15 15 para. ((1) and (3), at the organization of the stand. (2) The Ministry of Culture and Religious Affairs and, as the case may be, the Romanian Cultural Institute may entrust, under the law, the organization of the events provided in par. (1) in the country, respectively abroad, to professional organizations of publishers and broadcasters, as well as to unions of creators recognized as legal entities of public utility, granting for this purpose the necessary financial support. + Article 17 The Ministry of Culture and Religious Affairs and the Romanian Cultural Institute can ensure, on the occasion of festivals, fairs, salons and international exhibitions, organized according to art. 15 15 para. ((2) and art. 16, including participation and promotion expenses. + Article 18 The Romanian Government can establish, by decision, that certain events in the category of those provided in art. 15 be declared of national or international interest, as the case may be, ensuring distinctly the financial support of their organization and conduct. + Article 19 In the budgets of the Ministry of Foreign Affairs, the Ministry of Education and Research and the Romanian Cultural Institute can be provided distinct funds for the purchase and expedition of publications provided in art. 1 for libraries of Romanian communities, of Romanian cultural institutes, as well as of Romanian language and civilization lectorates abroad. + Article 20 (1) The Romanian Radio Broadcasting Society and the Romanian Television Society broadcast, at least once a week, a show to promote the publications provided in art. 1. (2) The Romanian Radio Broadcasting Society and the Romanian Television Society grant a minimum of 1% of the space for advertising to promote the publications provided in art. 1, applying a reduction of 75% compared to the prices charged for commercial advertising. + Article 21 The local public administration authorities grant a 50% reduction of the tariffs representing the rent per square meter, charged for commercial spaces intended exclusively for the dissemination of publications provided in art. 1, as well as for spaces intended for their advertising. + Chapter IV Tax issues + Article 22 (1) For the editing abroad of some works in the category of those provided in art. 1, according to the present law, the payment of the costs representing the editing is made in the currency of the country in which the editing (2) In the situation referred to in par. (1), the authority of the financing public administration and, as the case may be, the financing public institution may grant an advance of up to 30% of the contract value, under the law. + Article 23 (1) The National Company "Romanian Lottery" -S.A. grants 0.4% of the net profit for the acquisition of publications provided in art. 1 for public libraries and for the granting of vouchers for the purchase of publications provided in art. 1 users in public libraries: students, students, people with a monthly income below the minimum wage level, as well as blind and deaf-movers. (2) The fund established under par. (1) is managed by the Ministry of Culture and Religious Affairs, through the specialized direction, which also ensures the distribution of tickets through public libraries. + Chapter V Transitional and final provisions + Article 24 The regulations of organization and functioning, as well as the working procedures of the commissions provided in art. 4 4 para. ((2), art. 7 7 para. ((2), art. 8 and to art. 12 are established by order, respectively decision of the central or local public authority, or by the provision of the head of the financing public institution, as the case may be. + Article 25 (1) Editors have the obligation to print, for the entire circulation, the international standard number corresponding to the type of publication. (2) Editors have the obligation to print on each copy of the publication the description C.I.P. made by the National Library of Romania. (3) Editors have the obligation to print on their publications the barcode, within one year from the entry into force of this law, and to ensure the use of the barcode in computerized records of sales and management. + Article 26 Starting with the school year 2003-2004, the Ministry of Education and Research will include the necessary forms of education and disciplines in the fields of publishing, printing, broadcasting and promoting publications. + Article 27 By way of derogation from provisions art. 11 11 para. ((3) of Law no. 550/2002 on the sale of privately owned commercial premises of the State and of service providers, under the administration of county councils or local councils, as well as those of the patrimony of autonomous regions of local interest, with subsequent amendments and completions, the sale in installments of commercial premises having the destination of bookstore can be approved to the same buyer for several spaces. + Article 28 (1) Violation of art. 25 constitutes contravention and is sanctioned with a fine of 5,000 lei to 10,000 lei. (2) The finding of contraventions and the application of fines shall be made by employees of the National Library of Romania, as well as by other specialists empowered for this purpose by order of the Minister of Culture and Religious Affairs. (3) The limits of the fines provided in par. (1) is updated by Government decision. (4) Contraventions provided in par. (1) the general arrangements provided for by the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (5) The amounts collected shall be constituted as income to the budget of the National Cultural Fund for the non-reimbursable financing of the editing of works in the category of those provided in ((2) of art. 1. + Article 29 On the date of entry into force of this Law any contrary provisions shall be repealed. + Article 30 The provisions of this Law shall supplement accordingly: a) provisions Law no. 356/2003 on the establishment, organization and functioning of the Romanian Cultural Institute, published in the Official Gazette of Romania, Part I, no. 529 of 23 July 2003, with subsequent amendments and completions; b) provisions Government Ordinance no. 42/2000 on improving the financing of programs, projects and sectoral development actions in the field of culture *), published in the Official Gazette of Romania, Part I, no. 39 39 of 31 January 2000, approved with amendments by Law no. 293/2001 . _________ Note * *) Title Government Ordinance no. 42/2000 has been amended by Government Ordinance no. 18/2006 to amend and supplement Government Ordinance no. 42/2000 on improving the financing of sectoral development programs initiated by the Ministry of Culture and Religious Affairs, published in the Official Gazette of Romania, Part I, no. 83 of 30 January 2006, approved by Law no. 209/2006 . ___________