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Law No. 410 Of 18 October 2004 On Modification And Completion Of The Law Nr. 132/1997 Concerning Requisitions For Goods And Services In The Public Interest

Original Language Title:  LEGE nr. 410 din 18 octombrie 2004 pentru modificarea şi completarea Legii nr. 132/1997 privind rechiziţiile de bunuri şi prestările de servicii în interes public

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LEGE no. 410 410 of 18 October 2004 to amend and supplement Law no. 132/1997 on requisitions of goods and services in the public interest
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 986 986 of 27 October 2004



The Romanian Parliament adopts this law + Article I Law no. 132/1997 on the requisitions of goods and services in the public interest, published in the Official Gazette of Romania, Part I, no. 161 of 18 July 1997, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -the requisition of goods and services represents the exceptional measure by which the public authorities empowered by law bind economic agents, public institutions, as well as other legal and natural persons to the disposal of temporary of movable or immovable property, under the conditions of this law. " 2. Paragraph 1 of Article 2 shall read as follows: "" Art. 2. -(1) The requisitioned goods shall be made available to the national defence forces or to the public authorities, to the declaration of partial or total mobilization of the armed forces or the state of war, to the establishment of curfew or urgency, both to prevent, locate, eliminate the consequences of disasters, and during these situations. " 3. Article 4 shall read as follows: "" Art. 4. -The requisition of goods and the call of individuals for services in the public interest are available as follows: a) to declare partial or total mobilization, as well as the state of war, by the declaration of declaration issued by the President of Romania; b) at the establishment of the curfew or emergency, by the decree establishing issued by the President of Romania; c) in case of prevention, localization and removal of consequences of disasters, by decision of the Government or by orders of the prefects. " 4. Article 5 (1) shall be inserted after paragraph 1, with the following contents: " (1 ^ 1) For the goods referred to in par. ((1) lit. a)-f), h), i) and n) the planning of the requisition is carried out in peacetime by the county requisitions plan, respectively of the city of Bucharest. " 5. In Article 6, paragraphs 1 to 3 shall read as follows: "" Art. 6. -(1) The recall of the goods and the call of natural persons for the provision of services in the public interest, in the situations provided by this law, shall be made by the military centers, in case of mobilization or war, as well as by the prefect, to prevent, locate and remove the consequences of disasters. ((2) Requisition of ships, floating and port means shall be made by the General Staff of the Naval Forces. ((3) The repurchase of aerodrome aircraft, installations and technique shall be made by the Air Force Staff. " 6. Article 10 shall read as follows: "" Art. 10. -(1) Economic agents, public institutions and other legal entities shall keep records of the requisitionable goods they have in the property or in legal use, according to the rules provided by law on the record of assets of their patrimony. (2) The records of goods subject to requisition, owned by individuals, shall be held by the local public administration authorities. (3) Local public administration authorities, legal and natural persons, owners or legal holders of goods distributed by the requisition plan, are obliged to communicate data on their existence, state and characteristics, at the request of the beneficiaries, namely the prefect, the military center, the Air Force Staff and the Naval Staff, as the case may be. (4) The changes in the record and in the state of the goods contained in the approved requisition plan shall be communicated by the owners or legal holders, semi-annually, to the authorities provided in par. ((3). ' 7. Article 11 shall be repealed. 8. Article 12 shall read as follows: "" Art. 12. -(1) The government may periodically order the census of certain categories of goods subject to requisition, while establishing the period, information and public authorities to which the result is communicated. (2) The owners and legal holders of the goods subject to the requisition are obliged to declare them and, upon request, to submit them to the census commissions. (3) Public administration authorities shall be obliged to participate in the census operations. " 9. In Article 14, paragraph 3 shall read as follows: "(3) The teaching order shall be handed to the owner or to the legal holder by the delegate of the military center, the local public administration authorities, the police or the beneficiary unit, as the case may be." 10. Article 18 shall read as follows: "" Art. 18. -(1) During the mobilization or during the war, persons called for services in the public interest are reservists in the availability of the military center, not caught in the work of mobilization at work, as well as persons without military obligations. (2) In the situations provided in par. ((1), persons called for services in the public interest shall be subject to regulations, discipline and military jurisdiction. " 11. The title of Chapter IV shall read as follows: " Commissions of requisitions. Compensation. Refunds. Appeals " 12. In Article 19, paragraph 1 shall read as follows: "" Art. 19. -(1) The owners of the requisitioned goods are entitled to compensation, established in accordance with the provisions of this law. 13. Article 19 (3), (4), (5) and (6) shall be repealed. 14. Article 20 shall read as follows: "" Art. 20. -In order to establish the quantities of requisitionable goods, compensation, as well as for the settlement of disputes arising from the execution of requisitions shall be established and operated: a) mixed commissions of requisitions; b) the Central Commission of Requisites. " 15. Article 21 shall read as follows: "" Art. 21. -(1) The joint commission of requisitions at the level of the county or Bucharest municipality, as the case may be, is composed of a) the prefect of the county or of Bucharest-president; b) the commander of the county military center, respectively the commanders of the military centers of the sectors of Bucharest, as c) the representative of the Air Force Staff or, as the case may be, the General Staff of the Naval Forces; d) representative of the county gendarmes command or of the city of Bucharest; e) the representative of the county police inspectorate or of the General Police Department of Bucharest; f) the head of the legal department of the prefecture; g) representative of the general directorate of county public finances or Bucharest municipality-specialist in prices and valuations of goods; h) the head of the national economy mobilization office and the preparation of the territory for defence; i) the director of the county trade register office, respectively of the city of Bucharest; j) county council representative; k) president of the chamber of commerce and industry of the county or city of Bucharest; l) representative of the territorial structure for emergency situations. (2) The representatives of public institutions competing in the preparation and realization of supplies of goods and services in the public interest may be invited to the works of the joint commission of requisitions. " 16. In Article 22, paragraphs 1 and 3 shall read as follows: "" Art. 22. -(1) The commissions provided for in art. 20 lit. a) shall be convened by their chairperson on a semi-annual basis or whenever necessary. .......................................................................................... (3) The Joint Committees of requisitions shall propose the limits of the prices for the main requisitionable consumptible goods, which they submit to the Central Commission of Requisites. " 17. Article 23 shall read as follows: "" Art. 23. -The Central Commission of Requisites, an organ of preparation and execution of requisitions, subordinated to the Government, is composed of: a) Head of the Central State Office for Special Issues-President; b) 4 representatives of the Ministry of National Defence c) 2 representatives of the Ministry of Administration and Interior; d) a representative of the Ministry of Justice e) 2 representatives of the Ministry of Public Finance f) a representative of the National Institute of Statistics; g) Director General of the National Trade Register Office; h) a representative of the National Bank of Romania; i) one representative from the ministries established by Government decision. " 18. In Article 24, paragraphs 2 and 3 shall read as follows: " (2) The Central Commission of Requisites, based on the proposals of the price limits of the mixed commissions of requisitions, carried out according to art. 22 22 para. ((3), establishes the prices of the main consumptible goods necessary to estimate the funds used to pay their compensation. (3) The prices set by the Central Requisites Commission shall be published in the Official Gazette of Romania, Part I. " 19. Article 25 shall read as follows: "" Art. 25. --(1) The compensation for the non-sumptible goods requisitioned shall be granted as follows: a) by rent, the way of calculation is determined by Government decision; b) by granting the corresponding value difference, for goods that are returned with major degradations; c) by granting a similar good or by paying the value of the property, established according to the technical condition and the degree of attrition at the time of requisition, if, for objective reasons, it can no longer be returned. (2) The compensation for the consumptible goods is granted by paying at the market price at the time of taking over, according to the measures ordered in exceptional circumstances by the Government, according to the law. (3) Assessment of the damage to the goods referred to in ((1) lit. b) and c) shall be made by a commission of experts from which representatives of the beneficiary, the prefect and the owner or the legal holder, as the case may be, of the good requisitioned. (4) The amount of compensation at the level of administrative-territorial units shall be compulsorily endorsed by the joint commission of requisitions. (5) The methodology, the organization framework and the criteria for the assessment of compensation, by categories of goods, shall be established by Government decision. " 20. in Article 26, after paragraph 3, paragraphs 4 and 5 shall be inserted, with the following contents: "" (4) The payment of services in the public interest during the mobilization or during the war is carried out at the level established by the salary system for civil employees in public institutions with attributions in the field of defense, safety national and public order, under the law. ((5) The payment of services in the public interest, carried out in order to prevent, locate and eliminate disasters, shall be carried out at the level established by the salary system of the contract staff in the budgetary sector, under the conditions law. " 21. Article 27 shall read as follows: "" Art. 27. -The payment of compensation for requisitioned goods and for the provision of services in the public interest is made by the beneficiaries, as follows: a) by the ministries and other public authorities for the benefit of which the requisitions or the provision of services in the public interest were carried out, from the funds with this destination made available from the state budget or from other funds constituted according to the law, in the case of the state of war, mobilization, siege or emergency; b) by the public administration authorities, from local budgets or from the state budget, to prevent, locate and eliminate the consequences of disasters. " 22. In Article 30, paragraph 1 shall read as follows: "" Art. 30. -(1) Appeals regarding the prices charged, the amount of compensation of the requisitioned goods entered in the official documents and the manner of payment thereof shall be addressed to the joint commission of requisitions, no later than 90 days from the date of conclusion the minutes of the refund. ' 23. Article 33 shall read as follows: "" Art. 33. -The refusal to provide the requisitioned legal goods, the evading from the fulfillment of these obligations or the non-declaration to the census of the goods subject to requisition shall be punished according to the criminal law. " 24. Article 34 shall read as follows: "" Art. 34. -(1) The following facts constitute contraventions: a) the non-communication by natural and legal persons, at the request and at the time requested by the authorities of the public administration concerned, of the records on requisitionable goods, as well as of the changes in their records; b) unjustified absence or refusal of legal persons called to provide services in the public interest to prevent, locate and eliminate the consequences of disasters. (2) Contraventions provided in par. (1) is sanctioned with a fine of 5,000,000 lei to 50,000,000 lei, for individuals, respectively from 75,000,000 lei to 250,000,000 lei, for legal entities. (3) Finding the contraventions provided in par. ((1) and the application of sanctions shall be made by the persons empowered by the chairman of the Central Commission of Requisites ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (2), the finding agent making mention of this possibility in the minutes. (5) The provisions on the contraventions provided for in this Article shall be supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " 25. Article 35 shall read as follows: "" Art. 35. -The facts provided in art. 34 34 para. (1), committed during the curfew, emergency, mobilization or war, constitute crimes and are punishable by imprisonment from 6 months to 2 years. " 26 articles 36 and 37 shall be repealed. + Article II Law no. 132/1997 on the requisitions of goods and services in the public interest, published in the Official Gazette of Romania, Part I, no. 161 of July 18, 1997, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, October 18, 2004. No. 410. ------------