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Law No. 440 Of 27 October 2003

Original Language Title:  LEGE nr. 440 din 27 octombrie 2003

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LEGE no. 440 440 of 27 October 2003 (* updated *) on the ratification of the Financing Contract between Romania and the European Investment Bank for the financing of the Romanian School Infrastructure Rehabilitation Project, signed in Bucharest on 11 July 2003 ((updated until 23 January 2012 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until January 23, 2012 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by Amendment of 21 December 2006 approved by JUDGMENT no. 216 216 of 28 February 2007 ; EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 ; Agreement of 28 October 2008 on AMENDMENT no. 3 approved by EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 ; AMENDMENT no. 2 2 of 9 April 2008 approved by JUDGMENT no. 156 156 of 3 March 2010 ; AMENDMENT no. 4 4 of 2 October 2009 approved by JUDGMENT no. 156 156 of 3 March 2010 ; AMENDMENT no. 5 5 of 21 September 2011 approved by JUDGMENT no. 1.254 1.254 of 21 December 2011 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Article 1 The financing contract between Romania and the European Investment Bank for the financing of the Romanian School Infrastructure Rehabilitation Project, signed in Bucharest on July 11, 2003, hereinafter referred to as the financing contract, is ratified. value of 131 million euros. + Article 2 (1) The application of the provisions of the Financing Contract will be carried out by the Ministry of Education, Research and Youth, designated as an implementing agency. (2) The Ministry of Public Finance will conclude with the Ministry of Education, Research and Youth a subsidiary loan agreement, establishing the rights and obligations of the parties in application of the provisions of the Financing Contract, including the distribution of the necessary amounts for the project by activities and funding sources. ((3) As of January 1, 2009, the Subsidiary Loan Agreement referred to in par. (2) is amended as a subsidiary agreement and will include the rights and obligations of the parties in the application of the financing contract, according to the provisions art. 14 of Government Emergency Ordinance no. 64/2007 on public debt, approved with amendments and additions by Law no. 109/2008 ,, as amended. ----------- Alin. ((3) of art. 2 2 has been introduced by section 1 1 of art. 25 of EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 published in MONITORUL OFFICIAL no. 802 802 of 28 November 2008. + Article 3 Romania's contribution to the implementation of the project mentioned in 1, also co-financed from the loan worth 43.5 million euros, granted by the Council of Europe Development Bank, will be provided from the state budget, through the budget of the Ministry of Education, Research and Youth, and will be equal to the equivalent in lei of 26.5 million euros, for the coverage of taxes and fees related to the project, as well as for the partial coverage of the administrative costs of the project. + Article 3 ^ 1 As of January 1, 2009, the expenses related to the project, representing the expenses equivalent to the amount of the remaining amounts to be used and drawn from the loan and from Romania's contribution to the financing of the project 3, will be cumulated in the budget of the Ministry of Education, Research and Youth, within the amounts allocated annually with this destination from the state budget. ----------- Art. 3 ^ 1 was introduced by item 1. 2 2 of art. 25 of EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 published in MONITORUL OFFICIAL no. 802 802 of 28 November 2008. + Article 4 The Ministry of Education, Research and Youth will conclude with the local public administration authorities protocols for the administration of the Ministry of Education, Research and Youth, during the project, of the state pre-university education that is the subject of rehabilitation, reconstruction, modernization and endowment works, under the conditions of this law, and for the passage of state pre-university education units, after the completion of the project, in administration of local public administration authorities, who will have the obligation to maintain, repair and ensure their full functioning throughout their lifetime, according to the legislation in force. + Article 5 The funds in lei necessary for the repayment of the loan, the payment of interest, commissions and other costs related to the loan will be borne by the Ministry of Education, Research and Youth from amounts with this destination, allocated annually by to the state budget in its own budget. + Article 6 (1) The Romanian Government is authorized that, through the Ministry of Public Finance, in agreement with the European Investment Bank, to introduce, during the use of the loan, in relation to the concrete conditions for carrying out the financing contract, amendments to its content, which concern changes in the technical description, changes of deadlines, as well as any other changes that are not likely to increase Romania's financial obligations to the European Investment Bank or to determine new economic conditionings from those originally agreed between the parties. ((2) Amendments to the financing contract agreed with the European Investment Bank according to par. (1) will be approved by Government decision. This law was adopted by the Senate at its meeting of 18 September 2003, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of October 6, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, October 27, 2003. No. 440. CONTRACT 11/07/2003