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Law No. 230, 7 June 2006 Public Lighting Service

Original Language Title:  LEGE nr. 230 din 7 iunie 2006 a serviciului de iluminat public

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LEGE no. 230 230 of 7 June 2006 (* updated *) of the public lighting service ((updated until 21 March 2007 *)
ISSUER PARLIAMENT




------------- *) The initial text was published in the OFFICIAL GAZETTE no. 517 517 of 15 June 2006. This is the updated form of S.C. "" Territorial Center of Electronic Computing " S.A. until March 21, 2007, with the modifications and additions made by LAW no. 51 51 of 8 March 2006 . **) NOTE C.T.C.E. S.A. Piatra-Neamt: Under art. 44 of this normative act, the provisions of this law Legit no. 51 51 of 8 March 2006 , published in MONITORUL OFFICIAL no. 254 254 of 21 March 2006, which shall apply from 21 March 2007. Alin. ((2) art. 1 of LAW no. 51 51 of 8 March 2006 , published in MONITORUL OFFICIAL no. 254 of March 21, 2006 provides as a public utility service and the provision of public lighting, according to those exposed below: " (2) For the purposes of this Law, the Community public utility services, hereinafter referred to as public utility services, are defined as the totality of utility activities and general public interest, carried out at the level of the communes, cities, municipalities or counties under the direction, coordination and responsibility of local public administration authorities, in order to satisfy the requirements of local communities, through which the following utilities are provided: a) water supply; b) sewage and sewage treatment; c) collection, sewage and stormwater discharge; d) production, transport, distribution and supply of thermal energy in centralized system; e) sanitation of localities; f) public lighting; g) administration of the public and private domain of administrative-territorial units, as well as the like; h) local public transport. " The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law establishes the unitary legal and institutional framework on the establishment, organization, operation, management, financing, monitoring and control of the functioning of the public lighting service in communes, cities and municipalities. (2) The public lighting service is part of the scope of the Community public utilities services and includes all the actions and activities of public utility and general economic and social interest carried out at the level of the units administrative-territorial under the management, coordination and responsibility of local public administration authorities, in order to ensure public lighting. (3) The public lighting service includes street-road lighting, street-pedestrian lighting, architectural lighting, ornamental lighting and ornamental-festive lighting of communes, towns and municipalities. + Article 2 (1) The public lighting service is carried out by means of a technological and functional assembly, consisting of specific constructions, installations and equipment, hereinafter referred to as public lighting system. (2) For the purposes of this law, the public lighting system consists of ignition points, distribution boxes, passing boxes, underground or overhead low voltage power lines, foundations, poles, grounding installations, consoles, lighting fixtures, accessories, conductors, insulators, clamps, fittings, control equipment, automation and measurement used for public lighting. (3) In the case of public lighting systems intended exclusively for the public lighting service, their component parts are those provided in par. ((2). (4) If the public lighting service is carried out using elements of the electricity distribution system, the lighting system includes the elements provided in par. ((2), with the exception of elements forming part of the electricity distribution system, as defined by this Law. + Article 3 The terms used in this Law shall be defined as follows: a) competent regulatory authorities-the National Regulatory Authority for Community Services of Public Utilities, hereinafter referred to as A.N.R.S.C., and the National Energy Regulatory Authority, hereinafter referred to as the A.N.R.E.; b) lighting device (s)-the luminaire that serves the distribution, filtering or transmission of light produced from one or more lamps to the outside; c) architectural lighting-lighting intended to highlight art or historical monuments or objectives of public or cultural importance for the local community; d) ornamental lighting-lighting of areas for parks, leisure spaces, markets, fairs and others; e) ornamental lighting-festive-the temporary lighting used on the occasion of holidays and other festive events; f) street-pedestrian lighting-lighting of pedestrian access routes; g) street-road lighting-road traffic lighting; h) license-technical and legal act issued by A.N.R.S.C., recognizing the quality of operator of the public lighting service, as well as the capacity and the right to provide this service; i) delimitation point in the case of systems used exclusively for public lighting-the point of separation between the electricity distribution system and the public lighting system, which is established at the connection point of the departure cables from the paintings and the distribution boxes; j) delimitation point in the case of systems used for both public lighting and electricity distribution-the point of separation between the electricity distribution system and the public lighting system that is established at the connection clips of the food columns of the public lighting fixtures; k) electricity distribution system-the totality of installations owned by a distribution operator comprising all lines, including supporting and protection elements, power stations, transformer substations and other electro-energy equipment connected with each other, with a nominal line voltage up to and including 110 kV, intended for the transmission of electricity from electric transmission grids or from manufacturers to own installations of the electricity consumers; l) public lighting system-assembly consisting of ignition points, distribution boxes, passing boxes, underground or overhead low voltage power lines, foundations, lines supporting elements, grounding installations, consoles, lighting fixtures, accessories, conductors, insulators, clamps, fittings, control equipment, automation and measurement used for public lighting. + Article 4 (1) The public lighting system intended exclusively for the provision of the public lighting service is part of the technical-urban infrastructure of the administrative-territorial units which, in accordance with Law of Community Public Utilities Services no. 51/2006 , published in the Official Gazette of Romania, Part I, no. 254 of March 12, 2006, belong to their public property and stand out and are inventoried in the real estate cadastres of administrative-territorial units. (2) If the public lighting system falls within the provisions of art. 2 2 para. (4), the authorities of the local public administration have the right to use free of charge on the infrastructure of the electricity distribution system, for the duration of its existence, based on a contract concluded between the authorities local public administration and the owner of the electricity distribution system. This contract covers all aspects of ensuring the conditions for the provision of the public lighting service, with the fair respect of the rights and obligations of all parties involved. (3) The contract provided in par. (2) is concluded on the basis of the framework contract issued by joint order of the presidents of A.N.R.E. and A.N.R.S.C. (4) If the local public administration authorities want to develop the public lighting service using the infrastructure of the existing electricity distribution system, the owner of the electricity distribution system is obliged to accept the requested use in accordance with the provisions of the framework contract. (5) In the case provided for in art. 2 2 para. (4), the refusal of the owners of the electricity distribution system to conclude the contract provided in par. (2) oblige the electricity distribution operator to ensure the continuity of the service until a final court decision is delivered. (6) Public lighting systems shall, as a rule, be placed on land belonging to the public or private domain of administrative-territorial units. (7) The use of elements of the electricity distribution system for public services and activities, other than public lighting, is done with the approval of the local public administration authorities. + Article 5 The public lighting service is organized and operates in compliance with the principles set out Law no. 51/2006 . + Article 6 The organization and conduct of the public lighting service must ensure the satisfaction of some requirements and needs of public utility of local communities, namely: a) raising the degree of civilization, comfort and quality of life; b) increasing the degree of individual and collective security within the local communities, as well as the safety of road and pedestrian traffic; c) the enhancement, through adequate lighting, of the architectural and landscape elements of the localities, as well as the marking of festive events and public or religious holidays; d) supporting and stimulating the economic and social development of localities; e) safe operation and operation, profitability and economic efficiency of the infrastructure related to the service. + Article 7 (1) The public lighting service will comply and meet, at the level of local communities, in their entirety, performance indicators approved by decisions of local councils, community development associations or the General Council. of Bucharest Municipality, as appropriate. (2) The performance indicators shall be established in compliance with the provisions of the framework regulation of the service and shall be approved on the basis of a specialized study that will take into account the needs of the local communities, the technical condition and the efficiency of the existing public lighting system. + Chapter II Authorities and powers + Article 8 ((1) Establishment, organization, coordination, monitoring and control of the functioning of the public lighting service at the level of administrative-territorial units, as well as the establishment, development, modernization, administration and operation of Public lighting falls under the exclusive competence of local public administration authorities. (2) Local public administration authorities must ensure the management of the public lighting service on the basis of competitiveness and economic and managerial efficiency, with the objective of achieving and respecting the performance indicators of the service, established by the contract of delegation of management, respectively by the decision to be given in administration, in the case of direct management. + Article 9 (1) Elaboration and approval of local strategies for the development of the public lighting service, investment programs on the development and modernization of the related technical-publishing infrastructure, of the own regulation of the service, the specification, the choice of management modality, as well as the criteria and procedures for delegation of management fall within the exclusive competence of the local councils, community development associations or the General Council of the Municipality Bucharest, as appropriate. (2) The strategies and regulations referred to in par. (1) are based on the National Strategy on Community Public Utilities Services and take into account the plans for urban planning and spatial planning, the economic and social development programs of administrative-territorial units, as well as the domain-specific regulations issued by the competent regulatory authorities. (3) The strategies of local public administration authorities will follow the following objectives as a priority: a) the orientation of the public lighting service to users and beneficiaries; b) ensuring the quality and performance of public lighting systems, at the level compatible with the directives of the European Union; c) compliance with the rules on the public lighting service established by the International Lighting Commission, to which Romania is affiliated, respectively by the Romanian National Lighting Committee, hereinafter referred to as C.N.R.I.; d) ensuring non-discriminatory access of all members of the local community to the public lighting service; e) the reduction of specific consumption by the use of high performance luminaires, specialized equipment and by providing a judicious public lighting; f) promotion of investments, in order to modernize and expand public lighting systems; g) ensuring, at the level of the localities, a street and pedestrian lighting appropriate to the needs of comfort and security, individual and collective, provided by the rules in force; h) ensuring an architectural, ornamental and ornamental-festive lighting, suitable for the enhancement of edifices of public and/or cultural importance and marking through appropriate lighting systems of festive events and holidays legal or religious; i) promotion of high performance technical and technological solutions with minimal costs; j) promoting market economy-specific mechanisms by creating a competitive environment for attracting private capital; k) establishment of comparative evaluation of performance indicators of operators ' activity and participation of citizens and their representative associations in this process; l) promotion of delegated forms of management; m) promotion of modern management methods; n) promotion of professionalism, professional ethics and continuous professional training of staff working in the field. + Article 10 In the exercise of their duties and responsibilities in the field of administration and management of the public lighting service, the local public administration authorities shall adopt decisions or issue provisions, as appropriate, on: a) the approval of the programs for the development, rehabilitation, extension and modernization of the existing public lighting systems, as well as the programs for the establishment of new public lighting networks; b) coordination of the design and execution of technical-publishing works, in order to achieve them in a unified conception and correlated with the programs of economic and social development of localities and spatial planning, urban planning and environment; c) the approval of feasibility studies on the rehabilitation, extension and modernization of public lighting systems, studies that will establish the technical-economic indicators, will identify the sources of financing of investments, as well as the optimal solution in technical-economic point of view; d) the management or delegation of the management of the public lighting service, as well as the entrustment of the exploitation of the goods belonging to the public or private patrimony of the localities, related to the service e) contracting or guaranteeing, under the law, loans for the financing of investment programs and upgrades of public lighting systems; f) the elaboration and approval of the regulation of the service and the specification, in accordance with the framework regulation and the framework specification, developed by A.N.R.S.C.; g) approval of special taxes for the provision of public lighting service, in compliance with the regulations in force h) unilateral termination of contracts to delegate the management of the service for the repeated violation of their clauses and for non-compliance with the performance indicators of the service. + Article 11 In relation to the local communities they represent, the local public administration authorities have the following responsibility: a) to bring to public knowledge, under the law, the decisions and the provisions having as object the public lighting service; b) establish and approve the performance indicators of the public lighting service only after they have previously been subject to public debate; c) to develop and approve the local strategy for the development of the public lighting service and related infrastructure, with the prior consultation of citizens; d) to periodically inform the inhabitants of the state of the public lighting service, to the measures adopted or expected to ensure its operation, including on the need to establish special fees for financing necessary investments; e) to resolve the complaints about the deficiencies arising in the provision of the public lighting service. + Article 12 (1) In relation to operators, local public administration authorities shall, in addition to the rights provided for in Law no. 51/2006 ,, and the following rights: a) to apply the sanctioning clauses, if the operator does not comply with the provisions of the management decision or the contract of delegation of the management, as the case may be, including the provisions of the service regulation and the specifications annexed thereto; b) to verify compliance with the terms of administration, maintenance and delivery of public or private goods affected by the service. (2) The authorities of the local public administration have the public lighting operators, in addition to the oblibations provided for in Law no. 51/2006 ,, and the following obligations; a) ensure and respect the operator's managerial independence from any interference of public authorities and institutions; b) ensure the maintenance of the contractual balance, established by the contract by which the management is delegated; c) to ensure advertising and free access to information of public interest, especially to those information that ensure the preparation of tenders and participation in the procedures for delegation of the management of the service. + Article 13 Against the decisions or provisions of the local public administration authorities, given in application of this law, individuals or interested legal entities can apply to the administrative court, under the law. + Article 14 Administrative-territorial units may be associated with each other in order to establish, implement and operate in the common interest the public lighting service and its related infrastructure, under the conditions established by Law no. 51/2006 . + Article 15 (1) The competent regulatory authority for the public lighting service, A.N.R.S.C., shall exercise the powers and powers granted to it by Law no. 51/2006 to the local public administration authorities and to all operators, regardless of the form of organization, the nature of the capital, the country of origin or the method of management adopted. (2) A.N.R.S.C., in collaboration with C.N.R.I., will realize and develop an information system that will allow the continuous collection, monitoring and comparison of each performance indicator specific to the public lighting service with the level reached by the best performing operator in the field. (3) Local public administration authorities shall have access to any information of public interest held by A.N.R.S.C. regarding the public lighting service. + Chapter III Organisation and operation of the public lighting service + Section 1 Management of the public lighting service + Article 16 (. The management of the public lighting service shall be carried out in the following ways: a) direct management; b) delegated management. (2) The choice of the form of management of the public lighting service is made by decision of the local councils, the General Council of Bucharest Municipality or the associations of community development, as the case may be. + Article 17 ((1) Regardless of the form of management adopted, by virtue of their powers and duties according to the law, the local public administration authorities shall retain the right to approve, supervise and control, as the case may be: a) how to substantiate the tariffs and comply with the methodology of establishment, adjustment or modification thereof, issued by A.N.R.S.C.; b) the fulfilment of the contractual obligations assumed by the operators and the activities carried out by them; c) the quality and efficiency of the service provided, corresponding to the performance indicators of the service, established by law; d) the mode of administration, exploitation, conservation and maintenance in operation, development and/or modernization of the public lighting system. ((. The activities specific to the public lighting service, regardless of the form of management adopted, shall be organised and carried out in accordance with the provisions of the own rules of the public lighting service and of the specification, elaborated and approved by the local councils, by the General Council of the Municipality of Bucharest or by the associations of community development, as the case may be, based on the framework regulation of the public lighting service and the specification of the framework A.N.R.S.C. and approved by order of its president. + Article 18 (1) The management at the level of communes, cities, municipalities or associations of community development of the public lighting service, namely the operation and operation of the related infrastructure, shall be organized in such a way as to ensure compliance performance indicators, illumination and luminance levels provided for in the field-specific normatives and taking into account the following: a) the size, degree of development and economic and social peculiarities of the localities; b) state of the existing public lighting system; c) local possibilities for financing the operation, maintenance and development of the service and related technical-publishing infrastructure. (2) The proposals for performance indicators of the public lighting service, elaborated in accordance with the provisions of art. 7, will be subject to consultations and public debate as a result of which the optimal solution for the community will be adopted. (3) Local councils, community development associations or the General Council of Bucharest Municipality, as the case may be, will approve the performance indicators, in compliance with the provisions established for this purpose in the framework regulation of the public lighting and in the specifications of the framework tasks, which have minimal character. (. The own regulations of the service and the specifications shall contain provisions establishing at least the following: a) the lighting levels, by characteristic areas; b) performance indicators of the service; c) technical conditions; d) infrastructure for the service; e) operator-user relations. + Section 2 Direct management + Article 19 ((1) In the case of direct management, local public administration authorities or community development associations, as the case may be, shall directly assume all tasks and responsibilities with regard to the establishment, organisation, financing, coordination, management, management, operation and ensuring the operation of the public lighting service. (2) Direct management is carried out through operators defined according to the provisions Law no. 51/2006 . ((3) The operators mentioned in par. (2) provides the public lighting service on the basis of the decision to administer the service, adopted by the local public administration authorities, the related technical-publishing infrastructure and on the basis of the license issued by A.N.R.S.C. ((4) The availability of loans, non-reimbursable external funds or transfers from the State budget for the co-financing of specific investment objectives shall be administered and used in accordance with the financing agreements concluded. By way of derogation from the provisions of the legislation on local public finances, annual surpluses resulting from the execution of revenue and expenditure budgets of specialist public departments/services managing and exploiting a public lighting service, left at the end of the budget year, shall be carried over to the following year with the same destination + Section 3 Delegated management + Article 20 ((. In the case of delegated management, the local public administration authorities or the Community development associations, as the case may be, shall transfer, on the basis of a contract by which the management is delegated, hereinafter referred to as the delegation contract, to one or several operators with the status of public, private or mixed companies, their duties and responsibilities with regard to the provision of the service, and the operation and administration of the public lighting system, under the conditions Law. ((2) The operators operating under delegated management are defined in accordance with the provisions of the Law no. 51/2006 . ((3) The operators mentioned in par. ((2) provide the public lighting service under the contract of delegation of management, approved by the local public administration authorities and on the basis of the license issued by the competent authority. (4) The type of the contract of delegation of the management, the form, the content and its annexes shall be established Law no. 51/2006 and corresponding to the legislation applicable to each mode of delegation of the management of the service, depending on the legal regime to be adopted for the delegation of management. + Article 21 (1) In the process of delegating the management of the public lighting service, in accordance with the powers and duties assigned to them according to the law, the local public administration authorities retain the prerogatives regarding the adoption of development of the service, respectively of the programs for the development of the public lighting system, as well as the rights and competences specified in art. 17 17 para. ((1). (2) The monitoring and control activities regarding the compliance of the operators with the conditions for issuing and maintaining the licenses return A.N.R.S.C., and those regarding the performance indicators established in the contracts for delegation of management return to local public administration authorities. + Article 22 (1) May be the subject of contracts for the delegation of management activities of operation itself-management, administration, operation, maintenance-as well as activities of preparation, financing and realization of investments from the related infrastructure public lighting service. ((2) During the performance of the contract of delegation of management, movable or immovable property belonging to the public or private domain of the administrative-territorial units, used for the performance of the service, shall be awarded to the operator to whom the awarded the contract for the delegation of management. (3) Until the transfer provided for in art. 43, if the infrastructure necessary to provide the public lighting service or its component parts are not the property of the administrative-territorial unit, with the conclusion of the contract of delegation of the management of the service, the authority of the local public administration will assign to the public lighting operator the rights and oblibations deriving from the contracts concluded according to art. 4 4 para. (2)-(5); the authority of the local public administration will notify the electricity distribution operator the intention of divestment at least 10 days before the conclusion of the contract for the delegation of the management of the service. ((4) Procedures for the delegation of the management of the public lighting service shall be organized and run according to the provisions Law no. 51/2006 , of this law and in accordance with the legislation specific to each type of management contract. (5) The documentation of delegation of management, including specifications, selection criteria and instructions on the organization and conduct of procedures, shall be elaborated by the local public administration authorities, based on the provisions of the the legislation applicable to each type of management contract. ((6) The existence of the operator's professional and financial guarantees as well as the performance indicators and the level of tariffs applied on the provision of the service under the appropriate quality and quantity conditions constitute the criteria principal for the award of delegation contracts. The newly established operators may be admitted to a procedure for the award of a management delegation under the same conditions as the existing companies. (7) The contracts for delegation of the management of the service shall be terminated by full right, under the conditions of art. 36 36 para. ((2) lit. c), as well as the withdrawal of the operating license. The parties may provide for contracts and other termination clauses. + Article 23 (1) In order to conclude the contracts for the delegation of management, the local councils of the communes, cities, municipalities or the General Council of the Municipality of Bucharest or the associations of community development, as the case may be, shall draw up and approve, in within 6 months of the decision on the delegation of management or the receipt of a proposal made by an interested investor, an opportunity study to substantiate and establish optimal solutions for the delegation of the management of the service, and the documentation provided for in art. 22 22 para. ((5). (2) The procedures for delegation of management will be started within 30 days from the approval of the management delegation documentation. (3) The contract to delegate the management of the public lighting service will necessarily include the clauses provided by Law no. 51/2006 . + Article 24 (1) The award and conclusion of contracts for the delegation of the management of the public lighting service shall be approved by decisions of the local councils or by decision of the General Council of the Municipality of Bucharest or of the associations of community development, where appropriate. (2) Subject to the ongoing contracts on the date of entry into force of this Law, the duration of a contract by which the management is delegated may not be greater than the duration necessary for the amortization of investments, without exceeding 49 years. This duration may be extended only in the following cases: a) for reasons of general interest, in which case the duration of the contract cannot be extended by more than 2 years; b) if the operator, at the request of the local public administration authority and for the proper execution of the service or for the extension of the public lighting system, has made investments that could not be amortized within the remaining term until the expiry of the original contract rather than an excessive increase in local tariffs or charges. (3) The extension will be decided, under the conditions of par. (2), by the local council, the General Council of the Municipality of Bucharest or the community development association, as the case may be. + Chapter IV Operators and users + Section 1 Operators of the public lighting service + Article 25 (. The public lighting service shall be managed and operated by means of licensed providers, hereinafter referred to as operators. (2) The licensing of operators shall be performed under the conditions laid down Law no. 51/2006 , the present law and the secondary legislation issued in application of its provisions. + Article 26 (1) They have the status of operators of the public lighting service providers operating under the license issued under the law of A.N.R.S.C. ((2) The operators of the public lighting service shall enjoy the same rights and obligations in relation to the local public administration authorities or beneficiaries of the service, regardless of the legal status, the form of organization, the type of property, the nature of the capital, the adopted management or the country of origin in the European Union ((3) Operators from the countries of the European Union who hold licenses in the countries of origin, recognized by A.N.R.S.C., have the same rights and obligations as domestic operators, throughout the validity of the licenses. + Article 27 (1) The operators of the public lighting service subordinated to the local public administration authorities, having the status of companies with social capital belonging to the administrative-territorial units, can be privatized, under the conditions the law, provided that the object of activity is kept at least 5 years from the date of privatization. (2) The privatization decision and the choice of the privatization method belong to the local councils, the General Council of Bucharest Municipality or the association of community development, as the case may be, depending on the subordination + Article 28 (1) Operators licensed to provide the public lighting service may participate in the procedures for delegation of management and can provide the service in any locality, directly or through a subsidiary, on contractual basis, by virtue of the principle of free competition in the Community public utility market. (2) The operator providing several types of services, in one or more localities, has the obligation to keep separate records and accounting for each type of service and/or operating locality. + Article 29 (. The rights and oblibations of the operators of the providers of the public lighting service shall be provided for in the service regulation and in a) the decision to be given in administration, in case of direct management; b) the contract for the delegation of management, in the case of delegated management. ((2) The operators who have received the management of the public lighting service shall exercise free of charge the rights of use and servitude on public or private land and property, belonging, as the case may be, to the State, to the administrative-territorial, natural or legal persons, as follows: a) the right of use for the execution of infrastructure works for the provision of public lighting service; b) subsurface, surface or aerial passage servitude for the installation of the public lighting system; c) the right of access to public utilities and the National Energy System. (3) In order to provide the public lighting service, operators can produce or buy, under the law, the necessary electricity. + Article 30 ((. Public lighting service operators shall have the following obligations: a) to manage the public lighting service on the basis of competitiveness and economic efficiency; b) promote the development, modernization and efficient operation of the infrastructure related to the public lighting service; c) comply with the tasks assumed according to the contract of delegation of the management of the service or those established by the decision of giving in administration, as the case may d) ensure compliance with the performance indicators of the public lighting service, established by the local public administration authorities in the regulation of the service, annexed to the administration decision or to the delegation contract of management, as appropriate; e) to provide the local public administration authorities, A.N.R.S.C. and C.N.R.I. the requested information and to ensure access to all the information necessary to verify and evaluate the functioning and development of the public lighting service; f) to implement performance management methods, leading to the reduction of operating costs, including by applying the competitive procedures imposed by the legal norms in force on the procurement of works or goods; g) ensure the financing of the professional training of their employees. ((2) The penalties for non-compliance by operators with performance indicators will be laid down in the regulation of the public lighting service, annexed to the management decision or to the contract of delegation of the management of the service, where appropriate. + Section 2 Users and beneficiaries of the public lighting service + Article 31 (1) The users of the public lighting service are either the local public administration authorities or the community development associations constituted with this purpose. (2) They are beneficiaries of the public lighting service local communities as a whole or, in the case of a community development association, local component communities. (3) The local public administration authorities, as representatives of the local communities and signatories of the management delegation contracts, are responsible for ensuring the public lighting service, compliance with the regulation service and provisions of this law. + Article 32 (1) The right of access to the public lighting service and to benefit from it is guaranteed to all members of the local community, individuals and legal entities, in a non-discriminatory manner. (2) The regulations of public lighting services organized at the level of communes, cities and municipalities must contain provisions regarding the rights of the beneficiaries of the service, namely: a) access to public interest information on the public lighting service; b) the right of any resident and any legal person in the area of provision of the service to have access to the public lighting service under the conditions of compliance with the specific regulations; c) the obligation of the local councils, the General Council of the Municipality of Bucharest or the association of community development, as the case may be, of the A.N.R.S.C. and of the operators to inform the decisions about the public lighting service. + Article 33 (1) The beneficiaries of natural persons and/or legal persons of the public lighting service have the obligation to comply with the provisions of the regulation of the public lighting service and to pay their payment oblibations established in the form of local taxes. ((2) The invoice for the provision of the public lighting service shall be issued at the latest by the 15th of the month following that in which the performance was carried out. Users of public lighting services are obliged to pay the amounts representing the value of invoices issued by operators for the services provided, within 15 working days from the date of their receipt; the date of issue is entered on invoice. The deadline for payment of the invoice shall be taken into account from the date of receipt of the invoice. (3) The non-payment of the invoice by the user within 30 days from the due date draws late penalties, under the conditions art. 42 42 para. ((10) of Law no. 51/2006 . + Chapter V Financing of the public lighting service + Article 34 (1) In order to ensure the continuity of the public lighting service, the local public administration authorities, namely the community development associations, have the responsibility of planning and tracking the investment works necessary to ensure the functioning of the system safely and to the parameters required by technical prescriptions; for this purpose investment programmes based on multiannual investment planning will be drawn up and taking into account the stages of the budgetary process, in accordance with legal regulations. (2) The amount and special tax regime necessary to ensure the financing of the public lighting service shall be determined in accordance with the legal provisions in force. (3) The structure and the level of the special charges will be determined so that a) cover the actual cost of providing the service; b) ensure the provision of the public lighting service at the quality levels and performance indicators established by the local councils through the specifications, the public lighting service regulation and the management contracts, where applicable; c) ensure the achievement of a quality-cost ratio as good as possible for the public lighting service provided during the employee period and ensure a balance between the risks and benefits assumed by the contracting parties; d) to ensure the efficient maintenance and exploitation of goods belonging to the public and private domain of the administrative-territorial units, affected by the public lighting service; e) encourage capital investment; f) respect and ensure the financial autonomy of the operator. + Article 35 ((1) The financing of the current operating and operating expenses of the public lighting service shall be ensured from the operators ' own revenues. (. The operators ' own revenue shall come from: a) budgetary allocations, in the case of direct management; b) collection from the local public administration authorities, as representatives of the local beneficiary communities of the public lighting service, of the amounts representing the value of the service provided, in case of delegated management. ((3) The amounts necessary to finance the operation and operation of the public lighting service shall be provided in the local budgets and shall be approved with them, by decision of the local councils, the General Council of the Municipality of Bucharest or the associations of community development, as appropriate. ((4) The financing of investments for the development, operation and operation of the public lighting service in the local budgets is based on the decision of the local councils, the General Council of Bucharest Municipality or the development associations community, as appropriate, according to law. ((5) The sources of financing of investment works shall be ensured according to the provisions Law no. 51/2006 . (6) The management decisions, namely the contracts for the delegation of management, will provide for the concrete tasks of the local public administration authorities, namely the operator, in terms of financing and making investments. ((7) The goods resulting from the investments for the rehabilitation, modernization and development of the infrastructure specific to the public lighting systems, which are carried out from the operators ' own funds, remain in their property for the duration the contract of delegation of the management, if at its conclusion it was not agreed otherwise and if, according to the law, they are not part of the category of public goods; in the contract of delegation of the management it will be specified the way of distribution of the goods made to termination. (8) In order to attract funds for the modernization, extension or rehabilitation of the public lighting system, as well as for the efficiency of the public lighting service, the operator will be able to provide guarantees on the right to exploit existing or newly created public goods, with the approval of the proprietor of the ownership. + Chapter VI Liabilities and penalties + Article 36 (1) The violation of the provisions of this law attracts disciplinary, patrimonial, civil, contravention or criminal liability, as the case may be. (2) The local public administration authorities have the right to sanction the operator of the public lighting service if it does not provide the service at the level of the performance indicators established in the award decision of the delegation of management or in the management decision, by: a) the application of penalties corresponding to the damage to users or large enough to cause the operator to remedy the deficiencies found; the penalties will be specified in the contract of delegation of the management, in the decision of administration or regulation of the service, as applicable; b) the request to the competent regulatory authority to suspend, withdraw or cancel the operating licenses; c) revocation of the decision approving the delegation of management and termination of the contract of delegation of the management of the service if, for 12 months after its conclusion, the repeated violation of contractual obligations is found. + Article 37 (1) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 30,000 lei (RON) to 50,000 lei (RON) the following facts: a) the provision of the public lighting service without the approval by the local public administration authorities of the management decision or the contract of delegation of the management; b) the award by the mayor of a contract to delegate the management of the public lighting service without complying with the legal procedures; c) the administration by the mayor of the public lighting service to a provider without an operating license, namely the conclusion of the contract for the delegation of the management of the service with a provider without an operating license. (2) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 10,000 lei (RON) to 30,000 lei (RON) the following facts: a) non-prosecution by the mayor of the establishment of the own regulation of the service, within 90 days from the approval of the framework regulation of the service; b) the violation of any other obligation provided by this law, the regulation of the service or the regulations of the competent authority for which a specific sanction has not been provided. (3) The finding of contraventions and the application of sanctions provided in par. (1) and (2) shall be made by authorized representatives of the Minister of Administration and Interior and Presidents A.N.R.S.C. and A.N.R.E., by the mayors of communes, cities and municipalities, by the general mayor of Bucharest, where applicable, and the persons empowered by them, according to their respective powers. + Article 38 Provisions relating to contraventions provided for in art. 37 is completed with the provisions of 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, except art. 28. + Article 39 The local councils of the communes, towns, municipalities, the General Council of Bucharest Municipality or, as the case may be, the community development associations will establish, according to the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, and other facts, than those provided in art. 37 37 para. ((1) and (2), which constitute contraventions in the field of public lighting service. + Chapter VII Transitional and final provisions + Article 40 (1) Within one year of publication in the Official Gazette of Romania, Part I, Law no. 51/2006 , A.N.R.S.C. will develop the framework regulation and the framework specifications of the public lighting service, which is approved by order of its president. (2) Until the entry into force of this law, A.N.R.S.C. and A.N.R.E. will develop the framework contract provided for in art. 4 4 para. (3), approved by joint order of the presidents of the two authorities. + Article 41 (1) The concession contracts of the public lighting service, valid until the date of entry into force of this Law, shall produce their effects according to the contractual provisions. (2) Within 6 months from the entry into force of this law, the local public administration authorities shall establish the form of management of the public lighting service, according to the provisions of art. 16 16 para. ((2). ((3) Until the award or administration of the public lighting service, as the case may be, the electricity distribution operators currently providing the public lighting service will ensure its continuity, with the recovery the related costs, based on a contract concluded with the local public administration authorities through direct negotiation, with the opinion of A.N.R.E. + Article 42 In the case of reorganization or judicial liquidation of the operators operating on the basis of contracts for delegation of management concluded before the entry into force of this law, the local councils or the General Council of the Municipality Bucharest, as the case may be, will start the procedure for awarding the contract to delegate the management and designation of a new operator, according to the provisions of this law. + Article 43 Application of provisions art. 4 4 para. ((1) and (2) of Law no. 51/2006 , within 3 years from the entry into force of this law, the lighting systems provided for in art. 2 2 para. (3) and (4), currently owned by private legal entities, will be transferred, with fair compensation, to the local public administration authorities, at their request. + Article 44 The provisions of this Law shall be completed Law no. 51/2006 . + Article 45 Measures of the nature of State aid shall be notified according to Law no. 143/1999 on state aid, republished, and shall be granted only after their authorization by the Competition Council, in accordance with the criteria set out in the secondary legislation on state aid. + Article 46 This Law shall enter into force on 21 March 2007. + Article 47 The date of entry into force of this Law shall be repealed Government Ordinance no. 42/2003 on the organization and functioning of public lighting services, published in the Official Gazette of Romania, Part I, no. 68 of 2 February 2003, approved with amendments and additions by Law no. 475/2003 , with subsequent amendments and completions. 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 BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 7, 2006. No. 230. ----