LEGE no. 389 389 of 28 September 2004 (* updated *) for the ratification of the Loan Agreement between Romania and the International Bank for Reconstruction and Development on Financing of the Risk Mitigation Project in case of natural disasters and emergency preparedness and the non-reimbursable financial assistance agreement between Romania and the International Bank for Reconstruction and Development, acting as an agency for the implementation of the Global Environment Facility, on the financing of the Mitigation Project risks in the event of natural disasters and preparation for emergency situations, signed in Bucharest on 26 May 2004 ((updated until 14 August 2012 *)
ISSUER
PARLIAMENT
--------------- *) The updated form of this normative act until August 14, 2012 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: ORDINANCE no. 28 28 of 26 January 2006 ; AMENDMENT TO THE LOAN AGREEMENT of 22 November 2005 approved by JUDGMENT no. 225 225 of 16 February 2006 ; Amendment of 5 October 2006 approved by JUDGMENT no. 1.751 1.751 of 6 December 2006 ; Amendment of 3 August 2006 approved by JUDGMENT no. 559 559 of 6 June 2007 ; Amendment of 3 April 2007 approved by JUDGMENT no. 558 558 of 6 June 2007 ; EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 ; Amendment of 20 June 2007 ratified by EMERGENCY ORDINANCE no. 85 85 of 5 September 2007 ; EMERGENCY ORDINANCE no. 85 85 of 5 September 2007 ; EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 ; Amendment of 29 May 2008 approved by JUDGMENT no. 1.492 1.492 of 19 November 2008 ; AMENDMENTS of 16 March 2009 approved by JUDGMENT no. 1.515 1.515 of 2 December 2009 ; AMENDMENTS of 25 June 2010 approved by JUDGMENT no. 1.363 1.363 of 23 December 2010 ; Amendment of 1 October 2010 approved by JUDGMENT no. 607 607 of 16 June 2011 ; AMENDMENT of 13 October 2011 approved by JUDGMENT no. 1.195 1.195 of 30 November 2011 ; Amendment of 1 February 2012 approved by JUDGMENT no. 674 674 of 4 July 2012 ; AMENDMENTS of 21 March 2012 approved by JUDGMENT no. 801 801 of 31 July 2012 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Article 1 (1) The loan agreement between Romania and the International Bank for Reconstruction and Development, amounting to USD 150 million, on the financing of the Risk Mitigation Project in the event of natural calamities and preparation for emergency situations, signed in Bucharest on 26 May 2004, referred to in the following agreement. ... (2) The non-reimbursable financial assistance agreement between Romania and the International Bank for Reconstruction and Development is ratified, acting as an implementing agency of the Global Environment Facility, amounting to $7 million. U.S., regarding the financing of the Risk Mitigation Project in case of natural calamities and emergency preparedness, signed in Bucharest on May 26, 2004, hereinafter referred to as non-reimbursable financial assistance. ... + Article 2 (1) The project is carried out by the project management units, established within the Ministry of Administration and Interior, Ministry of Environment and Water Management, Ministry of Transport, Construction and Tourism and National Agency for Mineral Resources, hereinafter UMP-MAI, UMP-MMGA, UMP-MTCT and UMP-ANRM. The four public institutions mentioned are designated as implementing agencies. The Ministry of Transport, Construction and Tourism will have the task and collection and consolidation of all situations and reports reflecting the physical and financial progress of the project. ... ----------- Alin. ((1) of art. 2 2 has been amended by art. I of ORDINANCE no. 28 28 of 26 January 2006 published in MONITORUL OFFICIAL no. 89 89 of 31 January 2006. (2) As of the date of entry into force of this Law, the Ministry of Transport, Construction and Tourism and the Ministry of Environment and Water Management shall be the special administrator of the investment objectives identified in the Annexes to Government Decision no. 523/2004 on the approval of the "Program for the prevention and management of risk to natural disasters, Component B: Reduction of seismic risk" and technical-economic indicators for the investment objectives provided in stage I of implementation of the programme and in the Annexes to Government Decision no. 442/2004 on the approval of the technical and economic indicators of some investments included in the Project "Reduction of risks in case of natural disasters and emergency preparedness"-Component C-" Reduction of risks in case of floods and landslides ", financed by an external credit granted by the World Bank and co-financed by the state budget. ... (2 ^ 1) The National Agency for Mineral Resources has the status of special administrator of priority investment objects, identified on the basis of risk analysis according to section 2 2 of Part D of Annex no. 2 2 to the Loan Agreement no. 4736 RO and point (a) respectively 2 2 of Part D of Annex no. 2 to the Non-Reimbursable Financial Assistance Agreement from the Environmental Global Facility Fund no. TF 053472 RO, whose technical and economic indicators are approved by Government decision. ------------ Alin. (2 ^ 1) of art. 2 2 has been introduced by section 1 1 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 412 of 20 June 2007. (2 ^ 2) The tasks of the National Agency for Mineral Resources, as a special administrator, shall be established by protocol concluded with the principal authorising officers of investment objects. ------------ Alin. (2 ^ 2) of art. 2 2 has been introduced by section 1 1 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 412 of 20 June 2007. ((. The institutions which have the objectives under management shall continue to be administrators of those objectives. ... (4) The Ministry of Transport, Construction and Tourism and the Ministry of Environment and Water Management will exercise their rights and obligations arising from their quality of special administrator, conferred on the basis of this law, only in order to the implementation of the investment Government Decision no. 523/2004 and in the Annexes to Government Decision no. 442/2004 and strictly related to these. ... (4 ^ 1) The National Agency for Mineral Resources exercises its rights and obligations arising from the quality of special administrator, conferred on the basis of this law, only in order to carry out the investments provided for in the Government's decisions adopted according to para. ((2 ^ 1) and strictly related to them. ------------ Alin. (4 ^ 1) of art. 2 2 has been introduced by section 2 2 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 412 of 20 June 2007. (5) At the time of completion of the investment, the quality of special administrator of the Ministry of Transport, Construction and Tourism and the Ministry of Environment and Water Management ceases by law, the investment being completed after The Ministry of Transport, Construction and Tourism and the Ministry of Environment and Water Management received the work from its executor and made the payment to the executor. ... ((5 ^ 1) On the date of the completion of the investment, the quality of special administrator of the National Agency for Mineral Resources shall cease The investment is considered completed on the date of receipt of the work by the National Agency for Mineral Resources and the payment to the executor. ------------ Alin. (5 ^ 1) of art. 2 2 has been introduced by section 3 3 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 412 of 20 June 2007. (6) The Ministry of Public Finance will conclude subsidiary loan agreements with the Ministry of Administration and Interior, the Ministry of Transport, Construction and Tourism, the National Agency for Mineral Resources and the Ministry of Environment and Water Management, through which all authority and responsibility will be delegated in the implementation of the project and the use of the loan amounts, as well as a convention with the National Agency for Mineral Resources, through which the entire authority and responsibility in making its part of the project and its use non-refundable financial assistance. ... ----------- Alin. ((6) of art. 2 2 has been amended by section 4 4 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 of 20 June 2007, by replacing some phrases. ((7) As of 1 January 2009, the subsidiary loan agreements referred to in par. (6) is amended as subsidiary agreements and will include the rights and obligations of the parties in the application of the loan agreement, 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. ((7) of art. 2 2 has been introduced by section 1 1 of art. 29 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 financing of the project mentioned in 1 will ensure, within the limit of the equivalent in lei of 46,657 million dollars U.S., from the state budget, as follows: -through the budget of the Ministry of Interior and Administrative Reform-4,007 million U.S. dollars; ----------- First indent of art. 3 3 has been amended by section 4.2 1 1 of art. II of EMERGENCY ORDINANCE no. 85 85 of 5 September 2007 published in MONITORUL OFFICIAL no. 622 622 of 10 September 2007. -through the budget of the Ministry of Transport, Construction and Tourism-$16,830 million; -through the budget of the Ministry of Environment and Sustainable Development-21,985 million U.S. dollars; and ----------- Third indent of art. 3 3 has been amended by section 4.2 1 1 of art. II of EMERGENCY ORDINANCE no. 85 85 of 5 September 2007 published in MONITORUL OFFICIAL no. 622 622 of 10 September 2007. -through the budget of the National Agency for Mineral Resources-3,835 million U.S. dollars ------------ Fourth indent of art. 3 3 has been amended by section 4.2 4 4 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 of 20 June 2007, by replacing some phrases. + Article 3 ^ 1 Distribution of the contribution provided in art. 3 may be amended, in compliance with the conditions provided in art. 5 5 para. (1), by Government decision. ------------ Art. 3 ^ 1 was introduced by item 1. 2 2 of art. II of EMERGENCY ORDINANCE no. 85 85 of 5 September 2007 published in MONITORUL OFFICIAL no. 622 622 of 10 September 2007. + Article 3 ^ 2 As of January 1, 2009, the expenses related to the project, representing the expenses equivalent to the amount of the remaining amounts of the loan and from Romania's contribution to the financing of the project, provided 3, will be cumulated in the budgets of the Ministry of Interior and Administrative Reform, the Ministry of Development, Public Works and Housing, the National Agency for Mineral Resources and the Ministry of Environment and Sustainable Development, within the amounts allocated annually with this destination from the state budget. ------------ Article 3 ^ 2 has been introduced by item 2 2 of art. 29 of EMERGENCY ORDINANCE no. 157 157 of 12 November 2008 published in MONITORUL OFFICIAL no. 802 802 of 28 November 2008. + Article 4 The payment of the public debt service related to the loan, namely its reimbursement, the payment of interest, commissions and other costs related to the loan, will be provided by the Ministry of Administration and Interior, Ministry of Transport, Construction and Tourism, the National Agency for Mineral Resources and the Ministry of Environment and Water Management, from amounts with this destination allocated annually from the state budget in its own budget. ------------ Article 4 has been amended by section 4. 4 4 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 13 June 2007 published in MONITORUL OFFICIAL no. 412 of 20 June 2007, by replacing some phrases. + Article 5 (1) The Romanian Government is authorized that, through the Ministry of Public Finance, in agreement with the International Bank for Reconstruction and Development, to introduce, during the use of the loan and non-reimbursable financial assistance, in the report with the concrete conditions for carrying out the agreement and the non-refundable financial assistance, amendments to their content, which concern reallocations of funds, changes in the structure by components, and other changes that are not of a nature increase Romania's financial obligations to the International Bank for Reconstruction and Development or to determine new economic conditionings from those originally agreed between the parties. ... (2) Amendments to the Agreement and to non-reimbursable financial assistance, agreed with the International Bank for Reconstruction and Development according to par. (1), is approved by Government decision. ... This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, September 28, 2004. No. 389. AGREEMENT 26/05/2004 AGREEMENT 26/05/2004
