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Law No. 233 Of 13 July 2005

Original Language Title:  LEGE nr. 233 din 13 iulie 2005

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LEGE no. 233 233 of 13 July 2005 to amend and supplement Land improvements law no. 138/2004 and a Government Emergency Ordinance no. 23/2000 on the establishment of the National Society "Land Improvement"-S.A. by reorganizing the Autonomous Regia of Land Enhancements
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 648 648 of 21 July 2005



The Romanian Parliament adopts this law + Article I Land Improvement Law no. 138/2004 , published in the Official Gazette of Romania, Part I, no. 369 of 28 April 2004, as amended, shall be amended and supplemented as follows: 1. In Article 6 (1), the introductory part shall read as follows: "" Art. 6. -(1) Individuals or legal persons who hold on the basis of a valid title of property or use land served by irrigation or dissecting systems and drainage or defense works against floods or combating soil erosion may constitute a land improvement organisation, hereinafter referred to as the organisation, to carry out one or more of the following activities of public interest: '. 2. In Article 9 (1), the letter a) shall read as follows: "" a) tariffs for irrigation services; '. 3. Article 12 shall read as follows: "" Art. 12. -Any natural person or legal person, who holds on the basis of a valid title of property or land use located on the territory of his organization that has, under the conditions Law no. 213/1998 on public property and its legal regime, in administration or in use such land or land improvement infrastructure located in the public or private property of the state or administrative-territorial units, can be a member of an organization. " 4. In Article 13, paragraph 1 shall read as follows: "" Art. 13. -(1) In order to acquire the legal personality, persons who have indicated their will to be members of the organization shall conclude the constitutive act and the status of the organization, in authentic form, under the sanction of absolute nullity. " 5. In Article 13, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The status of the organization is adopted by the simple majority of the votes of the participants in the constitutive assembly, provided that these participants hold in the property, in administration or in use at least half of the land area of the territory of the organisation and agree to take full responsibility for the operation, maintenance and repairs of the land improvement infrastructure located within the territory of the organisation. ' 6. in Article 13, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The organization established according to the law shall remain open and shall receive new members to the territory of the organization." 7. in Article 23, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The federations shall be organized and operated in accordance with the provisions of the methodological norms for the application of this law. 8. Article 25 shall read as follows: "" Art. 25. -Associations of water users for irrigation, established according to Government Emergency Ordinance no. 147/1999 on water users ' associations for irrigation, approved with amendments and additions by Law no. 573/2001 , as amended, which shall be reorganized, under the conditions of this law, in organizations of water users for irrigation, take over the movable and immovable property owned or in their use, as well as: a) ownership held by the association of water users for irrigation on irrigation infrastructure, consisting of pumping stations for pressure and hydrotechnical construction, together with related facilities and land, pipelines underground, as well as other such assets located in the territory of the organization and the correlative b) the right of use held by the association of water users for irrigation on irrigation infrastructure belonging to the private domain of the state or administrative-territorial units, consisting of pumping stations hydrotechnical pressure and construction, together with related facilities and land, underground pipes, as well as other such goods located on the territory of the organization. " 9. Article 30 shall read as follows: "" Art. 30. -Land improvement infrastructure belonging to the private domain of the state, located on agricultural land owned by commercial companies with majority state capital, is transmitted under administration to the Administration and is recorded in its patrimony, with the corresponding reduction of their share capital, by diminishing the state's participation. " 10. In Article 35, paragraphs 4 and 5 shall read as follows: " (4) The administration operates in accordance with the legal provisions in force and with the organization and functioning regulation, which is approved by Government decision. (5) The administration has in its structure branches without legal personality, which have in their composition management units organized at the level of land improvement facilities or land improvement facilities. " 11. In Article 36 (1), points e) and f) shall read as follows: " e) through the land improvement facilities under the administration to ensure also the water supply of some localities, fish facilities, agricultural and industrial premises, under the law; f) provides land improvement services to organizations, federations and other natural and legal persons; ". 12. In Article 36 (1), after letter f), a new letter, letter f ^ 1) is inserted, with the following contents: "" f ^ 1) carry out activities of international cooperation, within the limits of the empowerment granted by the ministry; ". 13. In Article 37, paragraphs 2 and 3 shall read as follows: " (2) The initial list of land improvement facilities to be administered by the Administration is included in the Administration and functioning regulations of the Administration. (3) A land improvement arrangement or a functional autonomous part of a land improvement arrangement is declared by the public utility, according to the criteria established by the methodological norms for the application of this law. " 14. In Article 37, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) Annually, depending on the fulfilment of the criteria established under par. (3), the list of facilities to be administered by the Administration shall be amended or supplemented and approved by Government decision, on the proposal of the Administration. " 15. In Article 38, paragraphs 1 to 4 shall read as follows: "" Art. 38. -(1) If a land improvement arrangement or part of a land improvement arrangement no longer meets the criteria provided for in art. 37 37 para. (3), by decision of the Government, the recognition of public utility and, as the case may be, shall be passed from the public domain in the private domain of the state or administrative-territorial units. (2) Fines of land improvement or parts of land improvement facilities, provided in par. ((1), may be: a) transmitted in property or data in free use to an organization or federations, according to the law; b) sold to a private buyer according to the law; c) leased or rented, according to the law; d) preserved for up to 3 years; e) decommissioned, according to the law; f) recovered, according to the law. (3) The transition to conservation of a land improvement arrangement or part of a land improvement arrangement is carried out by ensuring its security and proper storage of equipment and pumping facilities. decommissioned. (4) The conservation and security costs of the security shall be borne from the state budget grants. " 16. Article 38 (5) shall be repealed. 17. In Article 39, letter n) shall read as follows: "n) endorses the technical documentation, contracts and finances the investment works contracted with third parties suppliers and verifies the development and reception of works, according to the law;". 18. Article 39, point q) shall be repealed. 19. Article 40 shall read as follows: "" Art. 40. -For the realization of its activities, the Administration contracts with third-party suppliers the elaboration of studies, the provision of research and/or design services, the execution of construction, maintenance and repair works, including the purchase or the rental of the equipment necessary to carry out its activities, as well as intervention equipment to deal with emergency situations, in compliance with the legislation in force on public procurement. " 20. Article 41 shall read as follows: "" Art. 41. -(1) The financing of the current expenditures of the Administration shall be ensured from its own income and from state budget subsidies. (2) The expenses of the nature of the investments shall cover all or part of the state budget, as follows: a) the new or further investment objectives regarding the land improvement infrastructure in the public domain of the state, total from the state budget, and those regarding the land improvement infrastructure in the private domain of the state, partially from the state budget; b) studies, design and applied research related to its object of activity, total from the state budget; c) independent facilities related to land improvement facilities in the public domain of the state, total from the state budget; d) expertise of the works of land improvement within the infrastructure belonging to the public domain of the state and expert advice on these works, total from the state budget; e) other expenses assimilated to investments, according to the law, total from the state budget. (3) The Administration's own revenues shall be from: a) Irrigation service rates charged to beneficiaries for irrigation water delivery services, maintenance and repairs of irrigation facilities declared by public utility; b) tariffs for the provision of dissecting and drainage services, flood defences and combating soil erosion, perceived to the beneficiaries, regarding the operation, maintenance and repairs of the land improvement facilities declared by public utility other than irrigation; c) interest collected on deposits and amounts available from own accounts; d) interest and penalties charged for the services rendered, the consideration of which has not been received at the deadline; e) tariffs of water supply services of some localities, fish facilities, agricultural and industrial premises. (4) The administrative, material and personnel expenses necessary to carry out the activities of the Administration shall cover all or part of the subsidies from the state budget, as follows: a) exploitation, maintenance, repairs and administration of land improvement facilities declared by public utility, which are not irrigation facilities, total from the state budget; b) actions to defend against floods, dangerous weather events and accidents at hydrotechnical constructions, as well as to build stocks of materials and means of defense, totally from the state budget; c) rehabilitation of the infrastructure belonging to the public domain of the state from the existing land improvement facilities or the preservation of the stopped or temporarily interrupted investment objectives, total from the state budget; d) rehabilitation of the infrastructure belonging to the private domain of the state from the existing land improvement facilities, partially from the state budget; e) environmental protection through works of land improvement and monitoring of the effects of these works, total from the state budget; f) public information and training in the field of land improvements, partially from the state budget; g) the functioning of the national system of surveillance, evaluation, forecasting and warning regarding the economic and ecological effects of the land improvement activities, total from the state budget; h) conservation and ensuring the security of unused land improvement facilities, which are in total conservation from the state budget; i) salary of personnel provided in the central unit, territorial branches and administration units of the Administration, as well as the current expenses necessary for their operation, partially from the budget of the state; j) security of land improvement facilities outside the period of use, total from the state budget; k) execution of technological samples, exhausts and energy consumption during non-operation, total from the state budget. " 21. In Article 48, letter n) shall read as follows: "n) approve the contracting of internal credits according to the regulations in force;". 22. In Article 51, paragraph 1 shall read as follows: "" Art. 51. -(1) The director-general is proposed by the board of directors, according to the law, and appointed by order of the minister for a 5-year term, which can be renewed. The Director-General is employed on the basis of an individual employment contract and performance contract, an annex to the individual employment contract, concluded with the board of directors, under the law. " 23. Article 51 (4), letter f) shall read as follows: " f) employ and lay off staff and conclude individual employment contracts; '. 24. Article 53 shall read as follows: "" Art. 53. -(1) The administration operates at territorial level, through its branches, and at the level of arrangement of land improvements or group of land improvement facilities, through the management units subordinated to the branches. territorial. ((2) The branches are units without legal personality, with economic and financial management, which keep the bookkeeping at the level of the verification balance. (3) The management units exploit, maintain, repair and manage land improvement facilities and carry out land improvement activities within a demarcated area based on the functional structure of the facilities or groups. of the facilities that they manage. (4) Number of branches, their territorial competence and functional relations with the Administration, as well as the number of management units within each branch, their territorial competence and functional relations with the branch territorial shall be established by the Regulation on the organization and functioning of the (5) The directors of the territorial branches of the Administration shall be committed under the law and shall be appointed by decision of the Director General, with the approval of the Management Board. The heads of the management units shall be committed under the law and shall be appointed by decision of the Director General, at the proposal of the branch directors. The duties of the branch directors and heads of the management units shall be established by the Regulation on the organization and functioning of the Administration and by individual employment contracts. " 25. Article 54 shall read as follows: "" Art. 54. -(1) The activity of each territorial branch shall be supervised by a branch council and the activity of each management unit shall be supervised by a management unit board. These councils include representatives of organizations, federations and other beneficiaries of land improvement services provided by the Administration. The branch councils are also locally recognized specialists in the field of land improvements. Branch councils shall submit to the Management Board of the Administration, and those of management unit, to the branch management under which the management unit is located to improve the activity of the branch. the territorial and administrative unit. (2) The duties of the branch councils and the management unit councils, the conditions and the procedure for appointing and appointing their members, as well as the operation of these councils are provided by the Rules of Organization and Operation of Administration. (3) For the work carried out, the members of the branch council and the management unit board shall not be remunerated. " 26. In Article 61, paragraph 2 shall read as follows: " (2) The administration shall conclude new multiannual contracts or renew those in force only if the application for delivery of water for irrigation, subject to multiannual contracts, involves the irrigation of at least 20% of the area served by water delivery points for irrigation and distribution channels within the irrigation arrangement, as well as from the area of the whole arrangement or the landscaping part declared by the public utility. " 27. Article 63 shall read as follows: "" Art. 63. -(1) The administration shall develop the proposals for annual tariffs and water delivery tariffs for irrigation, which it shall submit to the approval of the Administration Board of the Administration. (2) The amount of the annual tariff and the water delivery tariff for the approved irrigation shall be published in the Official Gazette of Romania, Part IV, until 31 August of each year, for the irrigation season of the following year. " 28. In Article 67 (1), letter c) shall read as follows: "c) the payment to the electricity supplier of the electricity cost and the settlement of the thermal energy expenditure for irrigation through the water delivery points provided for in the multiannual contract." 29. In Article 67, paragraph 2 shall read as follows: "(2) The subsidies for the irrigation season of the following year shall be granted only if the organizations and federations have paid their own contribution at the annual rates until September 30 of this year." 30. In Article 68, paragraph 2 shall read as follows: " (2) The maximum amount of the grant to be granted to each organization or federations shall be calculated on each pumping station of pressure or water delivery point for irrigation referred to in the multiannual contract in force and on each land area within the territory of the organisation or federation, expressed in hectares, which is held on the basis of a valid property or use title by members of the organisation or federation and may receive water for irrigation from that water delivery point for irrigation. The subsidy shall be calculated separately for each of the pumping stations under pressure or other water delivery points for irrigation located in the territory of the organization or federation. " 31. Article 70 (1) (b) shall be repealed. 32. In Article 73, letters d) and j) shall read as follows: " d) attest to natural and legal persons who show their intention to carry out activities of land improvement and/or manufacturing and use of installations and equipment specific to these activities, according to the methodological norms approve by order of the Minister; ........................................................................................ j) organizes, executes and updates the information system of record at national level of land improvement facilities in the agricultural field; ". 33. In Article 73, a new letter is inserted, letter o), with the following contents: " o) apply the measures provided for in art. 38 38 para. ((2) lit. b), c) and f), through the State Domains Agency, and those provided in lett. a), d) and e), through Administration. " 34. In Article 80, paragraph 1 shall read as follows: "" Art. 80. --(1) Persons made redundant by collective dismissal, carried out under the conditions art. 68 68-75 of Law no. 53/2003 -The Labor Code, from 1 June to 30 November 2005, following the reorganization of the SNIF, will benefit from the following rights: a) at the time of redundancy, of an amount equal to twice the average net salary on economy in April 2005, communicated by the National Institute of Statistics; b) unemployment benefit, established according to the legal regulations in force, as well as a monthly income of completion. The monthly completion income is equal to the difference between the average net average salary over the last 3 months before redundancy, established on the basis of the items in the individual employment contract, but no more than the average net salary on the economy of April 2005, communicated by the National Institute of Statistics, and the level of unemployment benefit. " 35. Article 84 shall read as follows: "" Art. 84. -(1) In order to benefit from the rights granted by this Law, until 31 December 2005 the associations of water users for irrigation established in accordance with Government Emergency Ordinance no. 147/1999 on water users ' associations for irrigation, approved with amendments and additions by Law no. 573/2001 , as amended, reorganize and register as organizations of water users for irrigation, in accordance with the provisions of this law. (2) Associations of water users for irrigation, which meet the conditions for the establishment of the territory of organizations, become, on request, organizations of water users for irrigation, approved by order of the Minister, provided that the status of the organization to be adopted by members of the water users association for irrigation, who own at least half of the land area of the territory of the future organization, by an extract from the membership register On the date of registration in the National Register of Land Improvement Organizations, the irrigation water user organization takes over all rights and obligations of the water users association for irrigation. (3) Within 30 days from the date of registration of the water users organization for irrigation, the water users association for irrigation, which is reorganized, will transmit to the organization, based on a report of teaching-reception, the assets held and will require the deregistration of the Register of Associations On the date of radiation from the Register of Associations and Foundations, the association of water users for irrigation dissolves from law. " 36. Article 90 shall read as follows: "" Art. 90. -Until 31 December 2005, the associations of water users for irrigation, constituted according to Government Emergency Ordinance no. 147/1999 , will benefit from subsidies from the state budget, provided that the Administration or with other water suppliers for irrigation of multiannual contracts, which they will transmit to the new organizations, to establish and register them. " 37. Article 91 shall read as follows: "" Art. 91. -Until December 31, 2005 economic operators and public institutions that, on the date of entry into force of this law, benefit, directly or through the water supplier for irrigation, from subsidies from the state budget to cover some categories of expenses in the field of land improvements and which hold in the property, administration or use land arranged with works of land improvements, which are not located on the territory of a water users ' association for irrigation, will benefit from subsidies to cover the cost of electricity or pumping thermal, within 75% of the maximum ceiling per hectare, unitary at national level, for the year 2005. " 38. Annex no. 1 "The meaning of some terms within the meaning of this law" introduces two new definitions, with the following contents: " Functional autonomous part of a land improvement arrangement-all works and infrastructure elements of land improvements within a land improvement arrangement, which can be used and operate independently in the area. the case in which the remaining works and infrastructure elements of land improvements in the land improvement arrangement are out of service. Administration of land improvement facilities totality of the activities carried out by the Administration in order to achieve the conditions necessary for the exploitation, maintenance and repairs of the land improvement infrastructure within land improvement facilities declared by the public utility, including the provision of security and the protection of the land improvement infrastructure. " + Article II Government Emergency Ordinance no. 23/2000 on the establishment of the National Society "Land Improvement"-S.A. by reorganizing the Autonomous Regia of Land Improvement, published in the Official Gazette of Romania, Part I, no. 136 of 30 March 2000, approved with amendments by Law no. 440/2001 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, paragraph 1 shall read as follows: "" Art. 2. -(1) The National Company "Land Improvement"-S.A. is a company on shares, with state capital, based in Bucharest, Sos. Oltenitei nr. 35-37, sector 4, and has in the structure branches without legal personality. " 2. in Annex no. 1, in Article 13 (5), after letter d), a new letter, letter d ^ 1) is inserted, with the following contents: "" d ^ 1) the establishment of the number of branches, the area of competence and the headquarters of each of them; '. 3. Annex no. 2 2 is repealed. + Article III Within 30 days from the date of entry into force of this law, the Methodological Norms of Application of the Land improvements law no. 138/2004 and the Administration and Operation Regulation of the Administration. + Article IV Land Improvement Law no. 138/2004 , published in the Official Gazette of Romania, Part I, no. 369 of April 28, 2004, as amended, as well as 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. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 13, 2005. No. 233. ----