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Law No. 143 Of 27 July 1999 (Republished) Concerning State Aid

Original Language Title:  LEGE nr. 143 din 27 iulie 1999 (*republicată*) privind ajutorul de stat

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LEGE no. 143 143 of 27 July 1999 (* republished *) on State aid
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 744 744 of 16 August 2005



Note * *) Republicated pursuant to art. XIV of Government Ordinance no. 94/2004 on the regulation of financial measures, published in the Official Gazette of Romania, Part I, no. 803 of 31 August 2004, approved with amendments and additions by Law no. 507/2004 , published in the Official Gazette of Romania, Part I, no. 1.080 of 19 November 2004, giving the texts a new numbering. Law no. 143/1999 was published in the Official Gazette of Romania, Part I, no. 370 of 3 August 1999, and has been amended by: - Government Emergency Ordinance no. 97/2002 on the provision of transparency in the field of State aid and financial relations between public authorities and public undertakings, and art. 6 6 of Law no. 143/1999 on state aid, published in the Official Gazette of Romania, Part I, no. 631 of 26 August 2002 (approved with amendments by Law no. 18/2003 , published in the Official Gazette of Romania, Part I, no. 38 38 of 23 January 2003), repealed by Law no. 603/2003 ; - Law no. 603/2003 to amend and supplement Law no. 143/1999 on state aid, published in the Official Gazette of Romania, Part I, no. 930 930 of 23 December 2003. + Chapter I General provisions + Article 1 Law purpose This law aims to regulate the modalities of authorization, granting, control, inventory, monitoring and reporting of state aid, in order to create and maintain a normal competitive environment. + Article 2 Definition, forms and modalities for granting State aid (1) For the purposes of this law, state aid is any measure of support granted by the State or by administrative-territorial units, from state resources or resources of administrative-territorial units, or by other bodies that administer state or local authority sources, regardless of the form, which distorts or threatens to distort competition by favouring certain undertakings, the production of certain goods, the provision of certain services, or affecting trade between Romania and the Member States of the European Union, being considered incompatible with a normal competitive environment. (2) They are compatible with the normal competitive environment and the Competition Council is notified: a) State aid having a social character, granted to individual consumers, provided that they are given without discrimination as regards the origin of the products or services involved; b) State aid for the removal of effects caused by natural disasters or exceptional events. (3) Only the state aid provided for in art. 23 that meet the conditions to be authorized, provided in the Regulations and instructions of the Competition Council. (4) State aid shall be embodied either in a transfer of public funds to an undertaking or in the renunciation of certain future-certain or possible income-and which provides an undertaking with a benefit of an economic or financial nature, who would not have obtained it in the absence of these measures. The resulting benefits will be considered state aid if they confer an advantage on certain regions, certain undertakings or the production of certain goods or services. (5) State aid may take the form of a State aid scheme or individual aid. (6) The State aid scheme is a system on the basis of which specific individual allocations may be granted to undertakings generally defined and abstract or any system on the basis of which the aid, which is not linked to a particular project, may be granted to one or more undertakings for an indefinite period of time or in an undetermined amount. (7) Individual State aid is any form of State aid which is not granted on the basis of an aid scheme. (8) The modalities for granting state aid, not limited to, may be: subsidies; cancellation of debts or taking losses; exemptions, discounts or deferrals from payment of taxes and fees; normal from public funds, including the granting of loans with preferential interest rates; guarantees granted by the State, other central or local public authorities or other bodies managing sources of the State or the local authorities, on preferential terms; capital participation of the State, of central or local public authorities or other bodies managing sources of the State or local authorities, if the rate of profit of such investments is lower than normal, anticipated by a private investor prudent; price reductions on goods supplied and services rendered by central or local public authorities or by other bodies managing sources of the State or local authorities, including the sale of land belonging to the private domain of the State or local public authorities, below market. + Article 3 Defining existing aid (. The existing aid shall be an individual aid or aid scheme which meets one of the following conditions: a) exists before the entry into force of this Law; b) was authorized by the Competition Council; c) The Competition Council did not take, within the legal term, one of the decisions provided by this law; d) any state aid for which the limitation period provided for in art. 28. (2) The specific provisions of aid, granted as part of an existing aid scheme, will be considered as existing aid, unless the Competition Council has expressly requested, in its decision on the aid scheme, the notification such specific allocations of aid. + Article 4 Defining unlawful aid For the purposes of this law, the unlawful aid is a state aid other than an existing one or exempted from the obligation of notification under this law, granted without having been authorized by the Competition Council or granted after it has been notified, but before the issuance of a decision by the Competition Council within the legal deadline. + Article 5 Definition of aid For the purposes of this law, the prohibited aid is the state aid for which the Competition Council issued a prohibition decision, but was nevertheless granted. + Article 6 Interested persons Interested persons are considered the initiator of the State aid, the supplier, the State aid beneficiary and any other person, enterprise or association of undertakings, including trade associations and professional associations, affected by granting state aid. + Article 7 Company definition For the purposes of this law, the enterprise means any natural or legal person, regardless of the form of organization, who carries out activities for profit, in whole or in part. + Article 8 Definition of public For the purposes of this Law, public undertaking means any undertaking on which public authorities may exercise, directly or indirectly, a determining influence by virtue of their ownership, financial participation or of the rules governing its activity. + Article 9 Definition of State aid originator For the purposes of this law, the initiator of the state aid is that authority empowered to initiate draft normative or administrative acts involving the granting of state aid. This includes legislative initiatives according to the provisions of the Romanian Constitution. + Article 10 Definition of the public undertaking operating in the manufacturing sector For the purposes of this Law, a public undertaking operating in the manufacturing sector shall mean any public undertaking whose main object of activity, representing at least 50% of the total annual turnover, shall be carries out in the field of manufacturing. The activities that are included in the manufacturing sector are those from the Classification of Activities in the National Economy (CAEN), Section D-Products of the manufacturing industry, subsections YES up to and including DN. + Article 11 Definition of service of general economic interest For the purposes of this law, the service of general economic interest means that service provided under market conditions, for which there are obligations imposed by the public authorities on the access of consumers in a non-discriminatory manner and/or other obligations imposed. + Article 12 Definition of exclusive and special rights For the purposes of this Law a) the exclusive rights are defined as the rights granted by a public authority to a single undertaking, by any legislative, regulatory or administrative instrument, to provide a service or to carry out an activity within the framework of a given geographical area; b) special rights are defined as the rights which are granted by a public authority to a limited number of undertakings, by any legislative, regulatory or administrative instrument which, within a given geographical area: --limit to two or more the number of undertakings which are authorised to perform a service or to carry out an activity; -designate a few competing undertakings, authorised for the provision of a service or an activity; -confers advantages on one or more undertakings, which substantially affects the ability of any other undertaking to provide the same service or to carry out the same activity in the same geographical area under substantially equivalent conditions. + Article 13 Measures and State aid not covered by the law State aid for agriculture and fish farming is carried out according to specific regulations. + Chapter II Procedural rules + Article 14 Authorisation of State aid (1) Any state aid, in any form and regardless of the beneficiary, must be authorized by the Competition Council in terms of effects on competition, except when this law provides otherwise. (2) State aid in the form of individual scheme or aid, provided for in draft normative acts or in draft administrative acts-laws, ordinances, emergency ordinances, Government decisions, etc. -, shall be notified to the Competition Council and shall be granted only after their authorization. + Article 15 Notification of State aid (1) Any intention to grant new State aid or to modify an existing State aid shall be notified by the supplier and the initiator of the State aid to the Competition Council, unless otherwise provided for in this Law. or in the regulations issued in its application. (2) The notification of a state aid must include the exact and complete information required by the Competition Council to assess the compatibility of state aid with this law and the regulations issued in its application. ((3) The notification will become effective on the date when the information contained in the notification is accurate and complete. (4) If the Competition Council finds that the information contained in the notification is inaccurate or incomplete, it will ask for its correction or completion within 20 days of receipt of the notification. + Article 16 Suspension clause A new State aid cannot be granted and the amendments to existing State aid cannot be implemented until the Competition Council has taken an authorisation decision or until the aid is deemed to have been authorised. + Article 17 Examination of the notification and initiation (1) The Competition Council shall examine the notification as soon as it receives it. (2) If the Competition Council finds that the notified measure does not constitute state aid, it will issue a decision in this regard. (3) If the Competition Council finds that the notified measure does not have doubts regarding its compatibility with this law, it will issue an authorization decision. (4) If the Competition Council finds that the notified measure presents doubts about its compatibility with this law, it will decide to open an investigation. + Article 18 Deadlines set for the initiation of procedures and decisions (1) The Competition Council shall take one of the decisions referred to in art. 17 17 para. ((2)-(4), within 60 days from the date on which the notification became effective, the initiator/supplier being informed of this data. (2) If the Competition Council decides to open an investigation, it will have to make the final decision no later than 4 months after the opening of the investigation. (3) If the Competition Council does not take the decisions mentioned within the established deadlines, the aid may be legally granted after the prior notification of the Competition Council and will become an existing aid. (. The said terms shall not apply, if the State aid is not notified or the notification is not effective. + Article 19 Revocation of a decision The Competition Council may revoke a decision taken earlier, after the submission of arguments by the supplier and the initiator of the State aid, when the decision was based on incorrect information received during the procedure and which were decisive in taking it. + Article 20 Investigative powers In the application of this law, the Competition Council has the powers of investigation provided by Competition law no. 21/1996 ,, as amended. + Chapter III Decisions of the Competition Council + Article 21 Decisions on a new state aid or modification of an existing one (1) In the case of a new state aid or modification of an existing one, the Competition Council shall consider the notified measure in accordance with the provisions of this law and of the regulations issued in its application. In the case of state aid provided for in art. 2 2 para. ((2) lit. a), the Competition Council considers whether they are granted to individual consumers without discrimination regarding the origin of the products or services involved, and in the case of those provided in art. 2 2 para. ((2) lit. b), if these state aids lead to the removal of effects caused by natural disasters or exceptional events. (2) After such an analysis, the Competition Council may decide: a) that the notified measure does not constitute State aid; b) authorise State aid; c) to authorise state aid, imposing by its decision conditions or obligations aimed at ensuring that it does not significantly distort the normal competitive environment and does not affect the proper application of the international agreements to which Romania is part; d) prohibit the granting of state aid, if it significantly distorts the normal competitive environment and affects the proper application of the international agreements to which Romania is a party. (3) When the Competition Council takes a decision to prohibit a State aid, it, if granted, must be cancelled and recovered by the supplier of the aid or reimbursed by the beneficiary. + Article 22 Decisions on existing aid (1) If following the surveillance activity of existing state aid, provided for in art. 38, it is found that an existing aid significantly distorts the normal competitive environment or affects the trade between Romania and the Member States of the European Union, the Competition Council asks the state aid provider to take measures corresponding to the elimination of its incompatibility. The Competition Council's request may include a recommendation to cancel or amend existing aid. (2) If the measures are not taken by the aid provider, within the time indicated in the request, the Competition Council may decide to stop the granting of existing state aid or impose conditions and obligations aimed at ensuring compatibility of State aid with the provisions of this Law The decision will not have retroactive effect and must allow the aid provider a reasonable period of time to comply with it. (3) The procedure provided in par. ((1) and (2) shall also apply if the beneficiary does not comply with the decision authorizing the Competition Council. + Article 23 Aid which may be authorised or prohibited (1) The Competition Council may authorise measures constituting state aid, according to the specific regulations or instructions, such as: a) research and development aid; b) aid to small and medium-sized enterprises c) aid to protect the environment; d) help to train employees and create new jobs; e) aid for rescuing and restructuring firms in difficulty; aid for the maintenance of jobs may be considered as restructuring aid; f) regional development aid; g) general help to promote exports, through actions such as: national weeks, international fairs, presentation shops and the like, provided that they can benefit all interested enterprises; h) aid to promote culture and preserve cultural heritage; i) aid for large investment projects; j) any other aid under the conditions of the regulations and instructions on the state aid to be issued, in compliance with the legislation in force, by the Competition Council. (2) In assessing the effects of state aid, the Competition Council must take into account the cumulative effects of all types of aid granted to the same beneficiary. (3) The measures constituting State aid, such as: a) export aid or any aid which is conditional, rightful or in fact, of export performance, in so far as such aid may affect the proper application of the international agreements to which Romania is a party; b) aid for compensating losses resulting from the activity of enterprises, directly or by exemption from the payment of obligations due to the c) aid measures which are applied in such a way that they create discrimination in favour of domestic products, compared to the like goods produced in countries participating in international agreements to which Romania is a party and where they are prohibited such discrimination. + Chapter IV Recovery, reimbursement or suspension of unlawful aid and prohibited aid + Article 24 Recovery, reimbursement or suspension of unlawful aid (1) The Competition Council will ask the court of appeal in whose territorial constituency the main office of the supplier or state aid beneficiary is located the annulment of the administrative act by which the illegal aid was granted and, by way of consequence, recovery, reimbursement or suspension of payment of any unlawful aid. (2) The Court of Appeal may order, by injunction, the suspension of the granting of illegal aid provided for by the administrative act. The order can be appealed to the High Court of Cassation and Justice. (3) If the Competition Council finds that a state aid was established by a normative act with a power of law, in violation of the provisions of art. 14 and 15, notify the issuing authority. (4) The Competition Council simultaneously informs the supplier and the beneficiary of state aid regarding the complaint sent to the issuing authority. (5) Within 10 days from the date of receipt of the complaint provided in par. ((3), the issuing authority is obliged to take a decision on the suspension of the normative act by which the State aid was granted. (6) Within 30 days from the date of receipt of the complaint provided in par. (3), the supplier and the initiator are obliged to notify the Competition Council in accordance with the provisions of art. 14 14 and 15. The issuing authority, taking into account the decision of the Competition Council, will make a decision on the modification of the normative act granted the state aid, namely on the recovery or reimbursement of state aid already granted. + Article 25 Recovery or reimbursement of prohibited State aid (1) If the Competition Council issues a prohibition decision, the prohibited state aid may not be subject to regulation of any administrative act. (2) If, after the issuance of a prohibition decision, the prohibited state aid is nevertheless granted under an administrative act, the Competition Council will ask the court of appeal in whose territorial constituency the main seat of the the supplier or the beneficiary of the aid annulment of the administrative act granted it and, as a consequence, to order the recovery of the aid by the supplier or its reimbursement by the beneficiary. (3) The Competition Council will ask the court of appeal to order the recovery or reimbursement of the state aid provided for by an administrative act and if the conditions or obligations provided for in the authorization decision have not been complied with. (4) If, after the issuance of a prohibition decision, the prohibited state aid is nevertheless granted under a legislative act with power of law, the Competition Council will refer the matter to the issuing authority, which, within 30 days, will make a decision with regarding the modification of the normative act granting the state aid, namely regarding the recovery or reimbursement of state aid already granted, taking into account the decision of the Competition Council. + Article 26 Recovery of interest and harm caused by unlawful or prohibited aid (1) In the case of unlawful or prohibited state aid, the Competition Council will also ask the appellate court to order the recovery by the state aid provider or the reimbursement by its beneficiary of the interest related to the amount state aid, at a rate proposed by the Competition Council. Such interest may be imposed on: a) in the case of prohibited aid, from the date on which the aid was at the disposal of the beneficiary until its recovery; b) in the case of illegal aid, not subsequently authorized by the Competition Council, from the date on which the aid was at the disposal of the beneficiary until its recovery. (2) Outside the provisions of par. ((1), any interested person has the right to claim compensation for the damage caused by the granting of state aid in violation of the obligation not to grant such aid until his authorization by the Competition Council. + Article 27 Proceedings before the court The actions provided for in this chapter are judged according to the administrative litigation procedure. + Article 28 Limitation period (1) The right of the Competition Council to request the recovery of state aid shall be subject to a limitation period of 10 years. (. The limitation period shall start to run from the day on which the unlawful/prohibited aid is granted to the beneficiary in the form of individual aid or specific allocation under the aid scheme. (3) Any measure taken by the Competition Council in connection with an illegal/prohibited aid interrupts the limitation period. Each interruption leads to the flow of a new term. The statute of limitations is suspended as long as the case is pending at the appellate court or the High Court of Cassation and Justice, as the case may be. + Chapter V Exempted categories + Article 29 Minimum threshold The aid granted to an undertaking, within a period of up to 3 years, totalling 4 billion lei *), is considered to be authorised and does not fall within the scope of the notification obligation, under the conditions laid down by Council Regulation Competition. ----------- Note *) The ceiling has been amended by Order of the President of the Competition Council 251/2002 , published in the Official Gazette of Romania, Part I, no. 49 49 of 29 January 2003, Order of the President of the Competition Council 51/2004 , published in the Official Gazette of Romania, Part I, no. 248 248 of 22 March 2004. + Article 30 Regulations and instructions in law enforcement (1) The Competition Council may also adopt and implement regulations and instructions, other than those referred to in art. 29, in order to define the essential criteria to be fulfilled for the authorisation of State aid, in particular those relating to certain sectors of the economy or to specific objectives of State aid. (2) Regulations, instructions and amendments shall require the assent of the Legislative Council, in order to be adopted in the plenum of the Competition Council and shall be published in the Official Gazette of Romania, Part I, by order of President of the Competition Council (3) The regulations of the Competition Council elaborated in the application of this law can be appealed in administrative litigation to the court of appeal in whose territorial area the interested person has his seat or domicile. + Chapter VI Inventory, monitoring and reporting of State aid + Article 31 Inventory of State aid The Competition Council draws up the inventory of State aid, which will cover all existing State aid schemes and individual aid. + Article 32 Annual update of State aid inventory (1) The inventory of state aid shall be updated annually by the Competition Council, taking into account the following elements: a) the new aid schemes and the new individual aid authorized by the Competition Council during the reporting year; b) the new aid schemes and the new individual aid exempted from the notification to the Competition Council. (2) For the realization and updating of the inventory, the state aid providers, as well as any other bodies managing the sources of the state or local authorities, are obliged to submit to the Competition Council information relating to: a) the nature of the aid b) conditions imposed on the granting of aid, as appropriate; c) origin of aid; d) the amount of State aid granted by each beneficiary; e) the duration of the state aid. (3) The Competition Council supervises the financial relations between public authorities and public enterprises, as well as ensuring transparency within enterprises with special or exclusive rights or entrusted with the provision of services of general economic interest. (4) State aid providers, any other bodies managing sources of the State or local authorities, as well as State aid beneficiaries shall keep a specific record of State aid granted/received. + Article 33 Obligation of public The public authorities have the obligation to provide, at the request of the Competition Council, information in relation to the existing financial relations between them and public enterprises. + Article 34 Obligations of public Public undertakings have the following obligations: a) keep for 5 years the information on the financial relations taking place between them and the public authorities; b) to provide, at the request of the Competition Council, information in relation to the existing financial relations between them and the public authorities; c) to communicate to the Competition Council, within 60 days from the end of the financial year, the fulfilment of the conditions of employment as a public enterprise, established by regulation of the Competition Council. + Article 35 Obligations of undertakings benefiting from special or exclusive rights or providing economic services of general interest Undertakings benefiting from special or exclusive rights or providing economic services of general interest shall have the following obligations: a) to provide, at the request of the Competition Council, information on costs and revenues related to different activities, full details on the methods by which the costs and revenues are allocated to different activities; b) keep for 5 years the information on the financial relations taking place between them and the public authorities; c) to communicate to the Competition Council, within 60 days from the end of the financial year, the fulfilment of the framing conditions established by the Regulation of the Competition Council. + Article 36 Obligations of public undertakings acting in the manufacturing sector Public undertakings acting in the manufacturing sector have the following obligations: a) keep for 5 years the information on the financial relations taking place between them and the public authorities; b) to provide, at the request of the Competition Council, information in relation to the existing financial relations between them and the public authorities; c) to communicate to the Competition Council, within 60 days from the end of the financial year, the fulfilment of the framing conditions established by the Regulation of the Competition Council; d) to submit, at the request of the Competition Council, a report containing: -annual financial statements; -the decisions and minutes of general meetings of shareholders and meetings of the board of directors; -information on the contribution of social capital in actions and method of realization; -information on the destination of paid dividends and undistributed profits; -information related to the receipt of grants or grants and the conditions under which they were received and used; -information related to the contracting of loans, specifying the conditions for granting, the interest rate and the guarantees; -information relating to guarantees granted by public authorities for loans; -information relating to membership in a group of undertakings; -information on the waiver by the state of the amounts due to it; -information on the amounts received from donations and sponsorships, as well as their use. + Article 37 Provision of expert assistance in the development of new state aid schemes (1) The authorities providing state aid will constitute specialized compartments in the field of state aid, with powers in application of this law and the regulations issued in its application. (2) In the case of the elaboration of a new state aid scheme, as well as the extension or modification of an existing scheme, the authorities involved may request the specialized technical assistance to the Competition Council. + Article 38 Monitoring existing aid (1) For the purposes of this law, monitoring is understood the activity of surveillance and control of existing state aid, in order to verify compliance with the provisions of the normative or administrative act that establishes them and authorization decisions issued by the Competition Council. (2) In applying the regulations, instructions and decisions issued by the Competition Council under this law, the monitoring actions shall be completed by drawing up a monitoring report. (3) The obligation to monitor state aid lies with the Competition Council. (4) In order to carry out state aid monitoring, the Competition Council has the following tasks: a) supervise the observance by the suppliers and beneficiaries of state aid of the provisions of the normative or administrative acts establishing state aid; b) pursues the effective application of the authorization decisions issued; c) verify compliance by suppliers and state aid beneficiaries with the rules on the cumulation of aid; d) verify that the state aid granted falls within the maximum allowable intensity thresholds provided for by the legislation in the field. + Article 39 Procedures for reporting, inventory and monitoring of State aid Procedures regarding the reporting, inventory and monitoring of state aid, those on the supervision of financial relations provided for in art. 32 32 para. (3) shall be established by regulations of the Competition Council. + Article 40 Powers of Investigation of the Empowered Personnel of the Competition Council (1) In the exercise of the powers provided by this law, the authorized personnel of the Competition Council shall have the following powers of investigation: a) to require state aid providers, bodies managing sources of the state or local authorities, as well as state aid recipients the information and documents that are required, mentioning the legal basis and the purpose of the request, and may set deadlines until such information and documents are provided to it; b) be allowed access, in the presence of the legal representative of the beneficiary of state aid or in the presence of another person designated by him, in any space in which the beneficiary of the state aid operates; c) to request explanations and statements to representatives of state aid providers, bodies managing sources of the state or local authorities and beneficiaries of state aid, as the case may be; d) be allowed access, during the control, to registers, documents, documents or accounting records and to obtain copies thereof. (2) Providers, bodies managing sources of the State or local authorities, as well as State aid recipients, as the case may be, are required to ensure the exercise of the powers of investigation conferred by this law to staff Empowered by the Competition Council. (3) The investigation procedures shall be established by the Regulation of the Competition Council. (4) Upon request, the authorized personnel of the Competition Council shall enjoy protection from the competent bodies of the state. + Article 41 Penalties and contraventions (1) It constitutes contraventions and will be sanctioned with a fine not fulfilling the obligations provided by art. 34, 35 and 36, as well as the following acts committed by state aid beneficiaries: a) providing inaccurate or incomplete information and documents, as well as non-provision of information and documents required under the provisions of this law; b) refusal to submit to the control carried out according to the provisions of the c) refusal to grant explanations and to provide the statements required under this law; d) failure to carry out the obligation to organise the specific state aid records received. (2) The fines of fines shall be established and updated by Government decision. (3) Contraventions provided in par. (1) the provisions apply to them Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 42 Annual report The Competition Council draws up an annual report on state aid granted in Romania, which it submits for approval to the Government. The report shall be submitted to the European Commission and published in the Official Gazette of Romania, Part I, in order to ensure transparency in this field. + Chapter VII Final provisions + Article 43 Ceilings The ceilings expressed in percentages or in amounts to the absolute value referred to in art. 23 and 29, can be updated by order of the President of the Competition Council. + Article 44 Publication of the Competition Council decisions The Competition Council ensures the publication of decisions taken in the application of this law by any means of information, taking into account the interest of the parties and ensuring the protection of state secret information or secret service information. + Article 45 Rights of people (1) The Competition Council shall publish, by any means, information on the notifications received, as well as the orders regarding the opening of investigations in accordance with art. 17 17 para. ((4). ((. Any interested person may submit his or her point of view on the extent to which the initiation of the investigation has been ordered in accordance with art. 17 17 para. ((4). (3) Any interested person may inform the Competition Council of any alleged illegal state aid or any alleged misuse of state aid. If the Competition Council, on the basis of the information available to it, considers that there are not sufficient grounds for ruling on the case, inform the interested persons on this fact. (4) On request, any interested person may obtain a copy of any decision issued by the Competition Council. + Article 46 Attacking the decisions of the Competition Council The decisions of the Competition Council, issued on the basis of this law, can be appealed by the interested persons, within 30 days from publication or, as the case may be, from the communication, in the administrative litigation procedure, to the Bucharest Court of Appeal. The ruling will be rendered without appeal, against her being able to be declared an appeal to the High Court of Cassation and Justice. + Article 47 Privacy (1) The Competition Council, the state aid providers, their employees, other public servants, as well as other interested persons have the obligation not to disclose the information or documents obtained in the application of this law and which have the character of state secret information or secret service information. ((2) Any person who uses or discloses, for purposes other than those provided for by this law, documents or information of a professional secret character, received or made aware of in the performance of his duties or in connection with the service, responds according to the criminal law, and can be ordered to repair the damage caused ((3) The information and documents may be given to other competition authorities, in accordance with the international agreements to which Romania is a party, provided that these competition authorities are subject to similar confidentiality rules. + Article 48 Entry into force of the law (1) This law shall enter into force on 1 January 2000. (2) On the date of entry into force of this Law, any contrary provisions shall be repealed. NOTE: We reproduce below art. II of Law no. 603/2003 and art. XXXIX of Government Ordinance no. 94/2004 , approved with amendments and additions by Law no. 507/2004 ,, which are not incorporated into the republished text of the Law no. 143/1999 : - Art. II of Law no. 603/2003 : "" Art. II. -On the date of entry into force of this Law, Government Emergency Ordinance no. 97/2002 on the provision of transparency in the field of State aid and financial relations between public authorities and public undertakings, and art. 6 6 of Law no. 143/1999 on state aid, published in the Official Gazette of Romania, Part I, no. 631 of 26 August 2002, approved with amendments and additions by Law no. 18/2003 ,, shall be repealed. ' - Art. XXXIX of Government Ordinance no. 94/2004 : "" Art. XXXIX. -State aid established by the normative acts subject to this ordinance shall be granted only after their authorization by the Competition Council, in accordance with the relevant national legislation. " -----------