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Law No. 293 Of 27 June 2003

Original Language Title:  LEGE nr. 293 din 27 iunie 2003

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LEGE no. 293 293 of 27 June 2003 on approval Government Emergency Ordinance no. 15/2003 to amend and supplement Government Ordinance no. 16/2002 on public-private partnership contracts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 501 501 of 10 July 2003



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 15 15 of 20 March 2003 to amend and supplement Government Ordinance no. 16/2002 on public-private partnership contracts, published in the Official Gazette of Romania, Part I, no. 204 of 28 March 2003, with the following amendments and additions: 1. In the single article, point 1 shall read as follows: "" 1. Letters b), d), g) and h ^ 1) of Article 2 shall read as follows: b) public-private project-the project that is carried out entirely or in the majority with own financial resources or attracted by the investor, based on a public-private partnership model, as a result of which a public good will result; can also be achieved through a project company; .............................................................. d) project company-a commercial company resident in Romania, constituted by the private investor and public authority through the units subordinated or under its authority, operating under the law, having as sole purpose the design, the financing, construction, operation, maintenance and transfer of the public good resulting from a public-private partnership project; ............................................................... g) central public authority-the Government of Romania, represented by one or several ministries, directly or through the units subordinated, respectively under their authority, public authorities or institutions, responsible for the projects of public-private partnership of national interest; ............................................................... h ^ 1) document attached to the letter of intent-the document filed by investors together with the letter of intent; the document attached to the letter of intent includes all the information and documents requested by the public authority through the notice of intent, certifying the eligibility and ability of the investor to carry out the project. " 2. In the single article, after point 1, points 1 ^ 1 -1 ^ 4 are inserted as follows: "" 1 ^ 1. Paragraph 1 of Article 6 shall read as follows: Article 6. -(1) After the conclusion of the selection of the attached documents and the letters of intent expressed, the public authority shall conclude a draft agreement, within 15 days, with each of the investors meeting the conditions contained in the notice published, according to the provisions of art. 4. 1 1 ^ 2. After paragraph 3 of Article 6, paragraphs 3 ^ 1 and 3 ^ 2 are inserted as follows: (3 ^ 1) In parallel with the analysis of the letters and the attached documents submitted by the investors, the public authority elaborates the feasibility study of the project. (3 ^ 2) The feasibility study is the exclusive property of the public authority. 1 1 ^ 3. Paragraph 4 of Article 6 will read as follows: (. The Commission referred to in paragraph 1 (3) will present to the public authority the results of the negotiation of the project conditions and the proposals for the continuation of the negotiation with the selected investors, based on the feasibility study. 1 1 ^ 4. Article 7 shall be repealed. ' 3. In the single article point 2, paragraph 1 of Article 10 shall read as follows: "" Art. 10. -(1) The negotiated public-private partnership contract shall be submitted for approval to the Government or to the local public authority, according to the competence and legal duties related to the category of the public good in question. " 4. In the single article, after point 2, insert point 2 ^ 1 with the following contents: "" 2 ^ 1. Paragraph 3 of Article 12 shall read as follows: (3) Private property of the state or administrative-territorial units on which public-private partnership projects are executed, including those intended for the location of the related facilities, buildings and facilities, and the land expropriated, according to para. (2), shall pass free of charge in the administration of the investor or of the project company, as the case may be, by decision of the Government or the authority of the local public administration, 5. In the single article point 3, paragraphs (3 ^ 1) and (3 ^ 2) of Article 12 shall read as follows: " (3 ^ 1) The right of use on installations, buildings, including unfinished buildings, as well as of facilities related to the public-private partnership project, private property of the state or administrative-territorial units, may be transmit to the investor or project company, as the case may be, by decision of the Government or local public authority, as the case may be (3 ^ 2) The goods referred to in par. (3 ^ 1) and/or the right of use on them may constitute, during its existence, contribution in kind, in case of establishment of a project company having the purpose provided in art. 2 lit. d). " 6. In the single article, after point 3, points 4 and 5 are inserted as follows: "" Four. After paragraph 2 of Article 13, paragraph 3 is inserted as follows: ((3) Where for the financing of public-private partnership projects, reimbursable and non-refundable funds come from: a) a treaty or an international agreement aimed at implementing or operating a project, jointly with one or more foreign partners; b) a treaty, international agreement or other such documents relating to the stationing of troops; c) loan or financing contracts concluded by the public authority with international financial bodies or other donors/creditors, the procedures for the preparation of the project, the selection of investors, the negotiations on the conditions for the implementation of the project are applicable to the 5. Article 14 shall read as follows: Article 14. -Within 60 days from the date of entry into force of this ordinance, the central public authority will develop methodological norms on the types of public-private partnership projects, how to define projects, form and the content of the feasibility studies, the form and content of the attached document, the establishment of the criteria for the analysis of the eligibility of investors, the methodology for calculating the project costs and the comparative cost of reference, the agreement and the project contract, as well as the definition of the distribution matrix of project risks, which will be approved by Government decisions. " + Article II Government Ordinance no. 16/2002 on public-private partnership contracts, approved with amendments and additions by Law no. 470/2002 , with subsequent amendments and completions, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of May 22, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of June 5, 2003, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, June 27, 2003. No. 293. --------------