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Law No. 241 Of 22 June 2006 Service Of Water Supply And Sewerage

Original Language Title:  LEGE nr. 241 din 22 iunie 2006 serviciului de alimentare cu apă şi de canalizare

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LEGE no. 241 241 of 22 June 2006 (* republished *) on the water supply and sewerage service *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 679 679 of 7 September 2015



Note
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* *) Republicated pursuant to art. V of Law no. 224/2015 to amend and supplement Law of the water supply and sewerage service no. 241/2006 , published in the Official Gazette of Romania, Part I, no. 570 of 30 July 2015, giving the texts a new numbering.
The law on water supply and sewerage service was also republished in the Official Gazette of Romania, Part I, no. 85 85 of 8 February 2013.
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+ Chapter I General provisions + Article 1 (1) The present law establishes the unitary legal framework on the establishment, organization, management, financing, operation, monitoring and control of the regulated supply/provision of the public water supply and sewerage service of localities. (2) The provisions of this Law shall apply to the public water supply and sewerage service organized at the level of communes, cities, municipalities, counties or, as the case may be, of intercommunity development associations with object of activity water supply and sewerage service. (3) The public water supply and sewerage service is part of the scope of Community public utility services as defined by Law of Community Public Utilities Services no. 51/2006 , republished, with subsequent additions. The public water supply and sewerage service includes all the regulated activities provided for in art. 1 1 para. ((2) lit. a), b) and c) of Law no. 51/2006 , republished, with subsequent additions, ensuring the satisfaction of the needs of utility and general public interest of local communities. + Article 2 (1) The public water supply and sewerage service, hereinafter referred to as the water supply and sewerage service, shall be established, organized and managed under the direction, coordination, control and responsibility of the authorities local public administration and aims to supply water, sewage and wastewater treatment for all users on the territory of the localities. (2) The water supply and sewerage service is provided/provided by the operation of a specific technical-urban infrastructure, called public water supply and sewerage system. (3) Public water supply and sewage systems, hereinafter referred to as water supply and sewerage systems, constitute integrated technological and functional assemblies covering the entire technological circuit, from the capture from the source of the raw water to the discharge into emissaries of the wastewater. (4) In rural areas, only the water supply service can be organized, provided that the waste water is collected through other individual systems. + Article 3 The technical terms used in this Law shall be defined as follows: a) water supply and sewerage service-the totality of public utility activities and of general economic and social interest carried out for the purpose of capture, treatment, transport, storage and distribution of drinking or industrial water to all users in the territory of a locality, respectively for the collection, transport, purification and disposal of waste water, meteoric waters and surface waters from its intravilan; b) water supply service-all the activities necessary for: -the capture of raw water, from surface or underground sources; -raw water treatment; -the transport of drinking and/or industrial water; -water storage; -the distribution of drinking and/or industrial water; c) sewerage service-all activities necessary for: -collection, transport and disposal of wastewater from users to treatment plants; -wastewater treatment and evacuation of water purged in the emissary; -the collection, evacuation and proper treatment of waste from stormwater drains and ensuring their functionality; -the disposal, treatment and storage of sludge and other similar waste derived from the activities referred to above; -the evacuation of stormwater and surface water from the intravilan of the localities; d) public water supply system-construction and land assembly, technological installations, functional equipment and specific facilities, through which the public water supply service is carried out. Public water supply systems usually comprise the following components: --catchments; -bringing; --treatment plants; --pumping stations with or without hydrophore; -storage tanks; -transmission and distribution networks; -connections, to the point of delimitation; e) public sewerage system-the construction and land assembly related to technological installations, functional equipment and specific facilities, through which the public sewerage service is carried out. Public sewerage systems usually comprise the following components: -sewerage connections from the delimitation and take-over point; -sewerage networks; --pumping stations; --treatment plants; -exhaust manifolds to the emissary; -mouths of shedding in the emissary; -dehydrated sludge deposits; f) public water transport network-part of the public water supply system consisting of the pipeline network between the capture and the distribution network; g) public water distribution network-part of the public water supply system, consisting of the network of pipes, fittings and construction-annexes, which ensure the distribution of water to 2 or more independent users; h) public sewerage network-part of the public sewerage system, consisting of collecting channels, dormitories, drains and construction-annexes that ensure the takeover, evacuation and transport of sewage from 2 or more independent users. Do not constitute public networks: -the internal networks of use related to a residential building with several apartments, even if it is owned by several natural or legal persons; -networks related to a private property premises or to a public institution on which several buildings are located, regardless of their destination, separated from green areas and private indoor alleys; -networks related to an industrial platform, in which access roads and green spaces are privately owned, even if it is managed by several legal entities; i) water connection-the part of the public water supply network that provides the connection between the public distribution network and the inner network of a premises or a building. The connection serves only one user. In duly justified cases and when the technical conditions do not allow another solution it can be allowed to supply several users through the same connection. The component parts of a branching shall be specified in the framework regulation of the water supply and sewerage service. The connection, up to the counter, including the connection home and the meter, belong to the public distribution network, regardless of how the execution is financed. The financing of the connection execution is provided by the operator, respectively by the user, corresponding to the delimitation point of the installations. The location of the connection home is established at the delimitation point of the installations, as a rule at the limit of ownership of the user, in compliance with the legal regime of the property and only on the basis of a documentation approved by the operator. In the case of existing condominiums, the separation and individualization of consumptions at the property level/individual apartment are made by mounting the cost allocators. The expenses related to the individualization of consumptions are borne by the co-owners of the condominium, the operator having only the obligation to mount the main connection meter at the level of the property limit; j) cost allocator-apparatus used in condominial buildings equipped with internal installations of common use, in order to individualize the consumptions and distribution on individual properties/apartments of the costs related to the total consumption of water registered at the level of the building; k) the distribution of costs-the totality of the actions carried out, according to the legal regulations in force, by a natural person or legal person for the purpose of distribution on individual properties/apartments water in condominial buildings equipped with internal common use facilities; l) sewerage connection-the part of the public sewerage network that provides the connection between the user's indoor sewage plants and the public sewerage network, including the connection home; the component parts of a connection shall be specify in the framework regulation for the organization and operation of water supply and sewerage services. The connection from the home to the network, including the connection home, belongs to the public sewerage network; m) notice of connection/connection-the written document, issued by the operator of the water supply and sewerage service, establishing the technical conditions regarding the design, location and execution of the water connections, respectively sewerage agreements and establishing the demarcation point between public networks and installations for use; n) supply agreement-the written document, issued by the operator, which establishes the conditions of supply for the user and defines the quantitative and qualitative parameters of the service at the user's connection and through which the operator undertakes to provide the water supply service; o) takeover agreement-the written document, issued by the operator of the sewerage service for the user, by which he undertakes to provide the sewerage service and which defines the quantitative and qualitative conditions and parameters of the wastewater domestic and/or industrial taken to public sewage; p) domestic waste water-sewerage waters resulting from the use of water in households, public institutions and services, which mainly result from human metabolism and from household and hygienic-sanitary activities; q) industrial waste water-sewerage waters resulting from economic-industrial activities or corresponding to a water use other than the domestic one; r) municipal waste water-sewerage waters resulting from the mixture of domestic waste water with industrial or agrootechnical waste water, prepurged or not, as well as the waters that come from the sprinkling and washing of public or private roads, alleys, of the gardens and the courts of the buildings; s) rainwater-sewerage waters coming from atmospheric precipitation; s) indoor water installations-the totality of the facilities owned or in the administration of the user, located after the delimitation point between the public network and the indoor water use installation, and which provide transport water taken from the public network at points of consumption and/or use facilities; t) indoor sewerage installations-the totality of the facilities owned or in the administration of the user, which ensures the taking and transport of wastewater from the water use facilities to the connection home in the network public; t) delimitation point-the place where the installations owned or in the administration of the user are brandished at the installations under the administration of the provider/service provider, respectively the place where they are actually carried out providing/providing the service to the user. The demarcation point of the installations ensures the identification of the site of the connection chamber, specifies the mounting position of the measuring-recording devices of the consumptions, allows the establishment of the plant belonging, as well as specify the rights and obligations of the parties with regard to the supply/provision of the service, namely the operation, maintenance and repair of installations. The delimitation between the indoor sewerage installations and the public sewerage network is made by/at the connection home, which is the first component of the public sewerage network, in the sense of wastewater flow; u) connection meter-the water volume measuring device consumed by the user, which is mounted on the connection between two vane-taps at the limit of the user's property; the meter is the last component of the public distribution network in the meaning of water flow; v) association of intercommunity development with object of activity the water supply and sewerage service-association of intercommunity development with object of activity public utilities services, as defined by Law no. 51/2006 , republished, with subsequent additions, constituted for the purpose of establishing, organizing, financing, exploitation, monitoring and control of the supply/provision of water supply and sewerage service, including for the creation, modernization and/or the development of public water supply and sewerage systems; w) regional management of the water supply and sewerage service-supply/provision of water supply and sewerage service, respectively the administration and operation of public water supply and sewerage systems related to the service in the common interest of the administrative-territorial units members of an intercommunity development association with the object of activity the water supply and sewerage service, through a regional operator; x) operator/regional operator of the water supply and sewerage service-regional operator defined according to art. 2 lit. g) and h) of Law no. 51/2006 , republished, with subsequent additions, which has the exclusive right to provide/provide the service in the operating area established by the contract of delegation of the management of the service; y) master/zonal master plan for the water supply and sewerage service-public policy document that sets out the service/provision and development strategy of the service, the short, medium and long term investment plan on establishment, development, modernization and rehabilitation of the technical-urban infrastructure related to the water supply and sewerage service in a county/area. The county/zonal master plan is approved by the county council/county councils/General Council of Bucharest Municipality, as the case may be. The master/zonal master plan correlates with the local strategies of the water supply and sewerage service; z) local strategy of the water supply and sewerage service-public policy document adopted at the level of an administrative-territorial unit establishing the objectives and the way of supply/provision and development of the service water supply and sewerage, detailed by multiannual investment programs for the rehabilitation, expansion and modernization of existing water and sewerage systems, as well as the objectives of establishing new systems at the level of the unit administrative-territorial, correlated with the master plan of the county/zonal plan for water supply and sewerage service developed in compliance with the provisions of the general urban plan; aa) the strategy of the intercommunity development association on the water supply and sewerage service-public policy document developed and approved by the intercommunity development association on behalf of the administrative-territorial units representing them, for the development of the water supply and sewerage service in the current or possible operating area of the regional operator to which the intercommunity development association delegated the management of the service under the contract by delegation of management. The strategy of the intercommunity development association is elaborated according to the master/zonal master plan and contains the investment plan and the list of priority investments; ab) operating area-geographical area comprising the unit/administrative-territorial units member/member/of an association of intercommunity development with object of activity the water supply and sewerage service in which the regional operator/operator receives the right to supply/provide the water supply and sewerage service; ac) human agglomeration-the area where the population and/or economic activities are concentrated enough to make possible the collection of wastewater and their routing towards a treatment plant or towards an end point of evacuation, calculated in the inhabitants equivalents, which may include several administrative-territorial units or only a part thereof, in correlation with the provisions of the master/zonal master plan for the water supply and sewerage service; ad) price-the value of drinking water supplied to users reported to the unit of measurement; ae) tariff-the value of the sewage service provided to the users reported to the unit of measurement; af) price/single tariff-the price/tariff set at the level of an operating area, calculated on the basis of the rules of the Cost-benefit analysis methodology for investments in water and sewerage infrastructure financed by public funds granted from the state budget and/or from non-reimbursable funds, covering the operating costs after the completion of the investment and part of the capital expenditure depreciation costs, taking into account the accepted level of the supportability rate, calculated under the law; ag) the pricing strategy-the strategy applied to finance the water supply and sewerage service that is based on the single price/tariff and which ensures the coverage of operating costs and investment costs; ah) economic operator-supplier/provider of water supply and sewerage services operating a private system. + Article 4 (1) Drinking water distributed through water supply systems is intended to satisfy with priority the household needs of the population, public institutions, economic operators and, as the case may be, to combat and extinguish fires in the absence of industrial water. (2) Drinking water distributed to users must meet, at their connections, the potability conditions provided for in the technical norms and legal regulations in force, as well as the flow and pressure parameters specified in the agreements and supply contracts. (3) The goods related to the technical-urban infrastructure belonging to the water supply and sewerage system made by new investments by an administrative-territorial unit within another administrative-territorial unit belong to the public domain of the administrative-territorial unit they serve. ((4) The use of drinking water for purposes other than those mentioned in par. (1) is allowed only to the extent that there are availabilities of the drinking water requirements of the localities, established according to the technical prescriptions in force. (5) If the drinking water requirements of economic operators cannot be fully covered or only partially covered, they may provide their supply of drinking water through their own systems, carried out and operated under the conditions of Law. (6) For the satisfaction of other needs, such as the sprinkling of streets and green spaces, the washing of markets and streets, the periodic washing of the sewage system, the washing of motor vehicles and the technological consumption of industrial units, will mainly use industrial water. (7) Industrial or non-drinking water can be ensured either through public industrial water supply systems or through individual systems made and operated by economic operators. (8) Any connection or interconnection between drinking water supply systems and industrial water supply systems shall be prohibited. + Article 5 (1) The sewerage system must ensure in particular the collection, transport, purification and evacuation in a natural receiver of wastewater from the users of the water supply service, as well as stormwater or surface water. collected from the territory of the localities. ((2) Namols from water treatment plants, sewage systems and wastewater treatment plants shall be treated and processed for neutralisation, dehydration, controlled storage or recovery, according to the legal regulations in force on environmental protection and conservation, namely hygiene and population health. (3) The waste water discharged into the sewerage systems must comply with the conditions specified by the takeover agreement in public sewerage, respectively by the service contract, as well as those imposed by the technical regulations in force, so that by nature, the quantity or their quality does not lead to: a) degradation of constructions and components of sewerage systems; b) diminishing transmission capacity of networks and collecting channels; c) disruption of the normal operation of the treatment plant, by exceeding the flow and loading or by inhibiting the treatment processes; d) the occurrence of hazards for the hygiene and health of the population or the operating personnel of the system e) the occurrence of explosion hazards. (4) The discharge into the natural receivers of the wastewater and the storage of sludge from the treatment plants shall be made only in the qualitative and quantitative conditions specified in the environmental approvals, agreements and authorisations issued by the the competent authorities, according to the regulations in force in the field of water quality and environmental protection, so as to guarantee the protection and preservation of the environment, namely hygiene and public health. (5) The processing of waste water sewage systems from industrial economic operators or other users not granted to public water distribution networks may be approved only to the extent that the capacity of the systems is not Hydraulically outdated or non-contaminating substances and only if they do not contain toxic pollutants or that can inhibit or block the treatment process. + Article 6 The conduct of activities specific to the water supply and sewerage service, regardless of the form of management chosen, is carried out on the basis of a regulation of the service and a specification, developed and approved by the authorities local public administration or, as the case may be, intercommunity development associations with water supply and sewerage service, in accordance with the framework regulation, respectively with the service-framework specifications of the service water supply and sewerage, developed by the National Regulatory Authority for Community Services of Public Utilities, hereinafter referred to as A.N.R.S.C., and approved by order *) of its President. In the case of intercommunity development associations with the object of activity the water supply and sewerage service, the service regulation and the specification are elaborated within them, shall be endorsed by the deliberative authorities of the the administrative-territorial units and shall be approved by the general meetings. Note
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* *) See Order of the President of the National Regulatory Authority for Public Services of Communal Household no. 88/2007 for the approval of the Framework Regulation of the water supply and sewerage service, published in the Official Gazette of Romania, Part I, no. 324 324 and 324 bis of 15 May 2007 and Order of the President of the National Regulatory Authority for Public Services of Communal Household no. 89/2007 for the approval of the Specification of the Water Supply and Sewerage Service, published in the Official Gazette of Romania, Part I, no. 324 324 and 324 bis of 15 May 2007.
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+ Article 7 (1) The water supply and sewerage service shall be established, organized and operated on the basis of the following principles: a) security of service; b) fair pricing; c) profitability, quality and efficiency of the service; d) the solidarity of users reflected in the tariff strategy; e) transparency and public accountability, including consultation with employers, trade unions, users and their representative associations; f) continuity from a quantitative and qualitative point of view; g) adaptability to user requirements; h) equal accessibility of users to the public service, on contractual basis; i) compliance with specific regulations in the field of water management, environmental protection and population health. (2) The principles provided in par. (1) will be compulsorily contained and developed both in the framework regulation of the water supply and sewerage service, and in the regulations of locally approved water and sewerage services. + Article 8 (1) The service provided/provided through the water supply and sewerage systems must meet, at the level of the users, the performance indicators provided for in the regulation of the water supply and sewerage service. (2) The performance indicators of the service provided/provided to the users shall be established on the basis of a specialized study prepared by the local public administration authorities or, as the case may be, by intercommunity development associations with object of activity the water supply and sewerage service, according to the needs of the users, the technical condition of the water supply and sewerage systems and their efficiency, in compliance with the minimum performance indicators set out in the framework Regulation, respectively in the framework specification of the water supply and sewerage service. In the case of intercommunity development associations with the object of activity the water supply and sewerage service, the specialized study shall be elaborated within them, shall be endorsed by the deliberative authorities of the units administrative-territorial members and shall be approved by the general meetings. (3) The proposals for performance indicators of the water supply and sewerage service provided/provided to users, resulting from the specialized study carried out for this purpose, will be subject to public debate before their approval to the local public administration authorities.
+ Chapter II Authorities and powers + Article 9 (1) The State supports through legislative, administrative and economic measures the sustainable development of the water supply and sewerage service, as well as the related water supply and sewerage systems. ((. The measures adopted at the level of the competent central public administration authorities shall lead to the following strategic objectives: a) the development and expansion of the water supply and sewerage service throughout the country, in order to improve the living conditions of the local communities; b) the realization of a service and a modern technical-urban infrastructure, able to support the economic and social development of localities, attract private investments and stimulate the sustainable development of local communities; c) conservation and protection of the environment and public health. + Article 10 (1) The deliberative authorities of the administrative-territorial units have exclusive competence, which can also be exercised through the intercommunity development associations with the object of activity the water supply and sewerage service, under the conditions Law no. 51/2006 , republished, with subsequent additions, on behalf of and on behalf of the associated administrative-territorial units, on the basis of their mandate, in respect of: a) approval of local strategies for the establishment, organization, management and operation of the water supply and sewerage service; b) approval of investment programs on the establishment, development, modernization and rehabilitation of the technical-urban infrastructure related to the service; c) approval of the regulations and specifications of the service; d) the adoption of the management modality and the approval of the documentation for the organization and implementation of the procedures for the delegation of management; e) approval of performance indicators of the service. (2) The administrative-territorial units may associate with each other in order to establish, organize, finance, monitor and manage in the common interest the water supply and sewerage service and to establish, modernize, development and exploitation of the technical-publishing infrastructure related to it, under the conditions established by Law no. 51/2006 , republished, with subsequent additions. + Article 11 (1) Local councils or associations of intercommunity development with object of activity the water supply and sewerage service, as the case may be, establish their own strategies of the water supply and sewerage service, correlated with master/area plans taking into account the plans for urban planning and planning, the economic and social development programs of the administrative-territorial unit, as well as with the commitments made by Romania in the field of protection environment. (2) The local council/county councils/the General Council of the Municipality of Bucharest establish their master/area plans for the water supply and sewerage service, correlated with the urban planning and landscaping plans, the economic and social development programs of the administrative-territorial unit, as well as with the commitments made by Romania in the field of environmental protection. (3) The strategies of local public administration authorities will follow the following objectives as a priority: a) service orientation to users; b) ensuring non-discriminatory access of all members of the community to the water supply and sewerage service; c) ensuring the quality of service at the level of European Union rules d) improving the quality of the environment, through the rational use of natural water resources and proper wastewater treatment, in accordance with the provisions of environmental legislation and directives of the European Union; e) reduction of water losses and energy consumption from water supply and sewerage systems; f) reducing the specific consumption of drinking water to the user, including by metering the connections and individual consumptions; g) promotion of investment programs, in order to develop and modernize the water supply and sewerage systems; h) the adoption of technical and technological solutions, with minimal costs and in accordance with the urban-urban and demographic development forecasts of the community; i) promoting market economy-specific mechanisms, creating a competitive environment, stimulating private capital participation and promoting delegated forms of management; j) promotion of modern management methods; k) promotion of professionalism, professional ethics and continuous professional training of personnel working in the field. (4) In order to ensure the continuity of the service and the functioning of the water supply and sewerage system safely and to the parameters required by the technical norms and prescriptions, the local public administration authorities, respectively intercommunity development associations, have the responsibility of planning and tracking the execution of investment works, in correlation with their own strategies of the water supply and sewerage service and urban planning plans General. To this end they will draw up multiannual investment programs for the rehabilitation, expansion and modernization of existing water and sewerage systems, as well as the establishment of new systems at the level of the administrative-territorial unit based on multiannual planning of investments and taking into account the stages of the budgetary process, in accordance with the legal regulations, correlated with the investment plans in the master/area plans. (5) Intercommunity development associations having as their object of activity the water supply and sewerage service develop and approve their own strategies only for the area of competence of the administrative-territorial units, even then when the county is a member of the association, without affecting the water supply and sewerage service of those administrative-territorial units in the county that are not members of the association, but taking into account the master/zonal plan on this service, in order to ensure consistency of service development and investment in infrastructure related to service. + Article 12 (. In the exercise of their duties, the local public administration authorities shall adopt decisions or issue provisions, as appropriate, regarding: a) approval of local strategies of the water supply and sewerage service and multiannual programs for the rehabilitation, extension and modernization of existing systems, as well as programs for the establishment of new food systems with water and sewerage, under the law; 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) approval of feasibility studies on the extension, modernization and rehabilitation of water supply and sewerage systems; d) association with other administrative-territorial units in order to manage in regional system the water supply and sewerage service, namely the establishment and joint operation of public water supply and sewerage systems and for the realization of investments in their related infrastructure, including by accessing public funds allocated to ongoing investment programs; e) the administration or delegation of the management of the service, as well as the entrustment of the exploitation of public or private property of administrative-territorial units related to water supply and sewerage systems; f) participation with social capital or goods in the establishment of joint commercial companies for the realization of water supply and sewerage systems and/or supply/provision of the service; g) contracting or guaranteeing, under the law, loans for the financing of investment programs related to water supply and sewerage systems, such as expansions, capacity developments, rehabilitation and modernization; h) elaboration and approval of local norms and regulation of the water supply and sewerage service, on the basis of framework norms and framework regulations developed and approved by A.N.R.S.C.; i) approval of prices and tariffs for the water supply and sewerage service, in compliance with the methodology of establishment, adjustment or modification of the prices/tariffs in force developed by A.N.R.S.C., if the financing investment projects in water infrastructure are carried out through public funds granted from the local budget and/or from sources other than those from the state budget and/or from non-reimbursable funds; j) unilateral termination of contracts for the delegation of the management of the service, for repeated violation of their clauses and for non-compliance with the quality parameters of the service; k) elaboration and approval of the methodology of distribution and individual billing of the water consumption recorded at the condominium connection; l) elaboration and approval of the tariff strategy for the water supply and sewerage service, if the financing of investment projects in water infrastructure is ensured, in whole or in part, through public funds granted from the state budget and/or non-reimbursable funds; m) establishment of social protection measures for the payment of the water supply and sewerage service and the granting of monthly aid from the local budget for persons in the dwellings/households to which the rate of supportability, under the law. (2) Against the decisions or provisions of the local public administration authorities, adopted in application of this law, interested natural or legal persons may apply to the administrative court, under the law. + Article 13 (1) Local public administration authorities have the right to verify, approve or reject, under the law, without jeopardizing the profitability, quality and efficiency of the service, prices and tariffs proposed by operators, as well as to pursue the manner of compliance by them with the methodological norms for the establishment, adjustment and modification of prices and tariffs developed by A.N.R.S.C. and approved by order of its president. ((2) The differences in prices and tariffs between local public administration authorities and operators shall be handled by the competent courts. (3) The local public administration authorities have access to any information of public interest held by A.N.R.S.C. regarding the water supply and sewerage service, regardless of the form of management adopted for its realization. + Article 14 The local public administration authorities have, in relation to the users they represent, the following tasks and responsibilities: a) to manage the water supply and sewerage service on the basis of competitiveness and economic efficiency; b) to promote the development, modernization and rehabilitation of the technical-urban infrastructure related to the service; c) to monitor and control the service delivery/provision activities and to adopt the measures provided for in the management delegation contract, if the operator does not provide the assumed performance indicators; d) establish and approve the performance indicators of the service only after they have been subject to public debate in advance; e) adopt the local rules and the ways of managing the water supply and sewerage service; f) to inform and consult their users and associations on the development strategies of the service, as well as the need to establish local taxes on the water supply and sewerage service; g) mediate the resolution of conflicts between users and the operator or operators, at the request of one of the parties. + Article 15 (1) The local public administration authorities have, according to the prerogatives assigned by law, the following obligations to the operators: a) to apply equal treatment to all operators and to ensure through the local rules adopted a transparent business environment; b) respect the managerial independence of the operator; c) adopt and maintain a balanced, equidistant and non-discriminatory conduct between the operator and the users; d) promote balanced, result-oriented contractual relations; e) 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; f) to bring to public knowledge, under the law, the decisions and the provisions having as object the organization and functioning of the service; g) establish the conditions of association or formation of joint ventures, in accordance with the legal provisions governing each type of contract by which the management is delegated; h) to comply with and fulfil its obligations under the contracts for the delegation of the management of the service; i) to preserve the confidentiality of information, other than those of public interest, with regard to the activity of operators; j) to conclude with the operator a contract for the collection, sewerage and purification of stormwater from the public and private domain of the locality. (2) Local public administration authorities shall, in relation to operators, the right and the obligation to monitor and control: a) maintaining the contractual balance resulting from the procedure of delegation of the management of the service; b) the classification of the operator's profit within the minimum and maximum negotiated limits and the use of the Maintenance, Replacement and Development Fund (IID Fund) under the law; c) compliance with the terms of administration, maintenance and delivery of public goods and preservation of the integrity of public or private patrimony related to the service d) compliance with the social program to limit the negative effects of redundancies; e) compliance with contractual obligations according to the contract of delegation of management and performance of the performance indicators of the service, regardless of the form of management; f) the application of the penalties provided by the contractual documents, in case of non-fulfilment by operators of the assumed performance indicators; g) efficient operation of the water supply and sewerage system; h) compliance with administrative, technical, fiscal and commercial regulations in the field; i) the environmental and public health impact of the service; j) service safety and user protection; k) insurance of assets taken under management and insurance for damages caused to third parties, in case of delegated management. + Article 16 (1) The competent regulatory authority for the public water supply and sewerage service is A.N.R.S.C. It shall exercise the powers and powers granted to it by Law no. 51/2006 , republished, with subsequent additions, to all operators of the water supply and sewerage service, regardless of the form of organization, of the nature of the capital, of the management method adopted or by the country of origin. (2) A.N.R.S.C. elaborates and approves, by order of its president: a) the methodology and framework procedure for establishing, monitoring, measuring, comparing and analysing the performance indicators of the service; b) the methodology for establishing, adjusting or modifying prices/tariffs for public water supply and sewerage services *). Note
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* *) See Order of the President of the National Regulatory Authority for Public Services of Communal Household no. 65/2007 on the approval of the Methodology for the establishment, adjustment or modification of prices/tariffs for public water supply and sewerage services, published in the Official Gazette of Romania, Part I, no. 192 192 of 20 March 2007.
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(3) Based on the methodology provided in par. ((2) lit. b), A.N.R.S.C. approves the prices and tariffs for economic operators and public institutions that provide a water supply and sewerage service of the nature of the public and which are not subordinated to the public administration authorities local and do not operate a public water supply and sewerage system. (4) A.N.R.S.C. monitors the evolution of performance indicators of the service, for the purpose of dissemination, at the level of local public administration authorities and operators, of best practices in the field. A.N.R.S.C. will develop an information system that will allow the preparation of a database and the continuous comparison of each performance indicator with the level reached by the best performing operator in the field. For the implementation of the monitoring and database implementation activities, the operators have the obligation to provide A.N.R.S.C. with all the information requested in relation to the performance indicators of the service. (5) In relation to operators and local public administration authorities, according to the powers and duties provided for in Law no. 51/2006 , republished, with subsequent additions, regardless of the form of management adopted, A.N.R.S.C. monitors the following: a) compliance with and fulfilment of obligations and measures established under the conditions of issue or maintenance of licences; b) compliance with the system of regulations issued in the field of primary legislation; c) compliance with the methodology of establishment, adjustment or modification of prices and tariffs; d) compliance with the regulations on competition and transparency, in order to prevent anticompetitive practices that have as their object or may have the effect of restricting, preventing or distorting competition.
+ Chapter III Organization and operation of the water supply and sewerage service + Section 1 Management of the water supply and sewerage service + Article 17 (1) Establishment, organization, coordination, management, monitoring and control of the regulated supply/provision of the water supply and sewerage service at the level of communes, cities, municipalities, counties, as well as administration, the operation and ensuring the functioning of public water supply and sewerage systems related to it constitutes exclusive competences of the local public administration authorities, which they exercise under the law. These powers may also be exercised through intercommunity development associations with the object of activity the water supply and sewerage service, on behalf of and on behalf of the associated administrative-territorial units, on the basis of their mandate under the conditions Law no. 51/2006 , republished, with subsequent additions. (2) The organization and functioning of the intercommunity development associations with the object of activity the water supply and sewerage service is established by the constitutive act and the association's statute, in compliance with the provisions Law no. 51/2006 , republished, with subsequent additions. ((3) The management of the water supply and sewerage service, namely the operation and operation of the related systems, shall be organized so as to ensure compliance with the conditions provided by the legislation in force on drinking water quality and wastewater treatment and according to: a) needs of local communities; b) the size, degree of development and economic and social peculiarities of the localities; c) the state of the existing water supply and sewerage systems; d) local possibilities for financing the operation and functioning of the service, namely the establishment or development of the related technical-urban infrastructure; e) cost-optimal quality ratio for the service provided/provided to users. (4) The establishment, organization, operation and management of the water supply and sewerage service are based on specialized studies that will analyze the elements provided in par. (3); the optimal solution will be adopted after the public debate of the study and after consulting the users. + Article 18 (1) The management of the water supply and sewerage service shall be organized and carried out in the following ways: a) direct management; b) delegated management. (2) The choice of the form of management of the water supply and sewerage service is made by decisions of the deliberative authorities of the administrative-territorial units. + Section 2 Direct management + Article 19 (1) In direct management the local public administration authorities shall assume all tasks and responsibilities regarding the organization, management, management, administration, operation and functioning of the service. (2) Direct management is carried out only by means of public law operators as defined in art. 28 28 para. ((2) lit. c) of Law no. 51/2006 , republished, with subsequent additions. ((3) The structures referred to in paragraph 1. (2) carries out the activity of supply/provision of the service on the basis of the decision to give in administration and exploitation of the service and the related water supply and sewerage systems and on the basis of the license issued by A.N.R.S.C. (4) Annual accounts resulting from the execution of revenue and expenditure budgets of operators with the status of specialized public compartments/services that manage and operate a water supply and sewerage service, remaining at the end of the budget year, shall be carried over to the following year with the same ((5) 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. + Section 3 Delegated management + Article 20 ((1) In the case of delegated management, the local public administration authorities or, as the case may be, the intercommunity development associations with the object of activity the water supply and sewerage service, in the name and on behalf of the units administrative-territorial members, assign to one or more operators all their powers and responsibilities to ensure the supply/provision of the water supply and sewerage service, including administration and operation water supply and sewage systems related to it, on the basis of a contract of delegation of management defined according to the provisions art. 29 29 para. ((6) of Law no. 51/2006 , republished, with subsequent additions. ((2) The operators carrying out the activity of supply/provision of the water supply and sewerage service under delegated management are those established by Law no. 51/2006 , republished, with subsequent additions. ((3) The operators mentioned in par. (2) carries out its activity of supply/provision of the water supply and sewerage service through the operation and administration of the technical-publishing infrastructure related to it, based on the contract of delegation of management and license issued by A.N.R.S.C. (4) The contracts for the delegation of the management of the service shall be approved by award decisions adopted by the deliberative authorities of the administrative-territorial units and shall be signed by their executive authorities or, as the case may be, by the presidents intercommunity development associations with the object of activity the water supply and sewerage service, on behalf of and on behalf of the associated administrative-territorial units, on the basis of their mandate and under the conditions Law no. 51/2006 , republished, with subsequent additions. + Article 21 (1) The procedures for the award of contracts for the delegation of the management of the water supply and sewerage service are open public tender and direct negotiation, as defined according to the provisions of art. 29 29 of Law no. 51/2006 , republished, with subsequent additions. ((2) The organization of procedures and their conduct, namely the award of contracts for the delegation of the management of the water supply and sewerage service are made on the basis of an award documentation approved by the deliberative authorities of the administrative-territorial units or, as the case may be, the general meeting of the intercommunity development associations with the object of activity the water supply and sewerage service, as a trustee of the member administrative-territorial units. The award documentation shall necessarily include the service regulation, the service specification and the selection criteria specific to it and shall be drawn up in accordance with the framework procedure for the organisation, development and the award of contracts for the delegation of the management of public utilities and on the basis of the framework regulation, the service-framework specification of the service and the criteria for the specific framework selection of the water supply and sewerage service. + Article 22 ((1) By way of derogation from provisions art. 29 29 para. ((8) of Law no. 51/2006 , republished, with subsequent additions, the contract for the delegation of the management of the water supply and sewerage service, including the concession of the water supply and sewerage systems related to it, is awarded directly in the following Situations: a) regional operators established by the administrative-territorial units members of an intercommunity development association with the object of activity the water supply and sewerage service, as they are defined at art. 2 lit. h) of Law no. 51/2006 , republished, with subsequent additions; b) operators with the status of regulated companies Law no. 31/1990 on companies, republished, with subsequent amendments and completions, and with full capital of the administrative-territorial units established after the entry into force of this law, by administrative reorganization, under the conditions law, of autonomous regions of local or county interest or of public services of local or county interest subordinated to local public administration authorities, which had in administration and exploitation of goods, activities or services of Water supply and sewage. (2) The direct award of contracts for the delegation of the management of the water supply and sewerage service is done in compliance with the following cumulative conditions: a) the administrative-territorial units of an intercommunity development association with the object of activity the water supply and sewerage service, as shareholders/associates of the regional operator, through the association, or, as the case may be, the administrative-territorial unit, as the sole shareholder/associate of the controller, through the general meeting of the shareholders and the board of directors, exercises a direct control and a dominant influence on the operator's strategic and/or significant decisions regional/operator in relation to the service provided/provided, similar to those it exercises over its own structures in the case of direct management; b) the regional operator, respectively the operator, as a delegate, carries out exclusively activities from the sphere of supply/provision of water supply and sewerage service intended to satisfy the needs of users within the competence of the administrative-territorial units of the association, respectively of the administrative-territorial unit that delegated the management of the service; c) the share capital of the regional operator, respectively the operator is fully owned by the administrative-territorial units of the association, respectively by the administrative-territorial unit; the social operator/operator is excluded. ((3) In case of termination from any case of contracts for the delegation of the management of the water supply and sewerage service awarded according to par. (1), their subsequent assignment may be made only in compliance with the provisions art. 29 29 para. ((8) of Law no. 51/2006 , republished, with subsequent additions. (4) In the case of contracts for the delegation of the management of the water supply and sewerage service assigned directly to the regional operator, namely the operator, the intercommunity development association with the object of activity with water and sewerage, respectively the local public administration authorities will assess, based on the provisions of the specification attached to the contract of delegation of management, the performance of the regional operator, respectively the operator, as well as the of compliance with performance indicators. ((5) If serious, repeated or prolonged non-compliance with performance indicators is found in the supply/provision of services, it shall be done at: a) the change of operator management, in the case of public law operators or private law operators with capital of administrative-territorial units, under the terms of the mandate contract; b) the termination of the contract for the delegation of the management of the service, in the case of private or mixed private equity operators. + Article 23 (1) The professional and financial guarantees of the operator shall constitute mandatory elements for the award of contracts for the delegation of management, in order to protect the local public administration authorities. Companies covered by Law no. 31/1990 , republished, with subsequent amendments and completions, newly-created may be admitted, in a procedure for the award of a delegation of management, under the same conditions as already existing companies. (2) The contracts for delegation of the management of the service shall be terminated by full right if the operator does not comply with the contractual conditions. In the case of withdrawal of the licence, the contract for delegation of management shall cease to be full (3) The Regulation of the Service, the specification of the service and the selection criteria specific to the water supply and sewerage service, applicable in the framework of the procedure for the award of the contract for the delegation of the service, shall be approve by the deliberative authorities of the administrative-territorial units or, as the case may be, the general meeting of the intercommunity development associations with the object of activity the water supply and sewerage service, according to the mandate entrusted to them by the administrative-territorial units, based on the framework regulation, the specification for the framework and the criteria for specific framework selection of the water supply and sewerage service, respectively on the basis of the framework procedures, developed and approved according to the provisions of the Law no. 51/2006 , republished, with subsequent additions. (4) In the process of awarding and executing contracts for the delegation of the management of the service, the local public administration authorities or, as the case may be, the intercommunity development associations with the object of activity the water supply service and the sewerage will aim to obtain the best cost-quality ratio achieved under similar conditions, as well as to meet the general public interest needs of local communities. + Article 24 (1) The delegation of the management of the service does not cancel the prerogatives of the local public administration authorities or, as the case may be, of the intercommunity development associations with the object of activity the water supply and sewerage the adoption of the policies and strategies for the development of the service, respectively of the water supply and sewerage systems development programmes and does not exclude their responsibilities and their right, in accordance with the competences and the tasks assigned to them according to the law, to supervise and control: a) how to comply with the contractual obligations assumed by the operators; b) the quality and efficiency of the service provided/provided and compliance with the performance indicators established in the management contracts; c) module of administration, operation, conservation and maintenance in operation, development and/or modernization of the water supply and sewerage system entrusted by the contract of delegation of management; d) how to train and set tariffs for the water supply and sewerage service. (2) The deliberative authorities of the administrative-territorial units or, as the case may be, the intercommunity development associations with the object of activity the water supply and sewerage service, in the name and on behalf of the units administrative-territorial member and on the basis of the mandate entrusted by the administrative-territorial units, may delegate both the actual management of the water supply and sewerage service, namely the supply/provision of the service of water supply and sewerage and infrastructure management and operation related technical-publishing, as well as the preparation, financing and realization of public investment projects for the establishment, rehabilitation, modernization and/or development, as the case may be, of the public water supply and sewerage systems related to service. + Article 25 (1) The contracts for delegation of management will provide for the concrete tasks of the local public administration authorities, namely the operator, regarding the initiation, foundation, promotion, approval, financing and realization investments. (2) Investments made for the rehabilitation, modernization and/or expansion of water supply and sewerage systems are return goods and will recover from amortization in accordance with the legal provisions for the funded part of own funds and, respectively, the royalty established according to the delegation contract for the publicly funded part. + Chapter IV Operators and users + Section 1 Operators of the water supply and sewerage service + Article 26 (1) The quality of operators/suppliers of the water supply and sewerage service ensuring the operation, management, administration and operation of the water supply and sewerage systems related to the service and which they operate on the basis of a licence. The operators of the water supply and sewerage service are defined according to the provisions Law no. 51/2006 , republished, with subsequent additions. (2) The licensing of the operators of suppliers/suppliers of the water supply and sewerage service falls within the competence of A.N.R.S.C. License is issued under the conditions Law no. 51/2006 , republished, with subsequent additions. ((3) The operators of the water supply and sewerage service have, under this law, the same rights and obligations in the relations with the local public administration authorities or with the users, regardless of the management or the legal status, the form of organisation, the nature of the capital, the type of property or the country of origin in the European Union. + Article 27 (1) In order to achieve the objectives and tasks assigned to them in the field of water supply and sewerage service, operators must ensure: a) the production, transport, storage and distribution of drinking water, respectively the takeover, sewerage, purification and evacuation of wastewater; b) exploitation of water supply systems, respectively of sewerage systems in safe and technical-economic efficiency, in compliance with technologies and technical operating instructions; c) establishment, supervision and maintenance, corresponding to legal provisions, sanitary protection zones, constructions and installations specific to drinking water supply systems, sewage and wastewater treatment; d) strict monitoring of the quality of drinking water distributed through water supply systems, in accordance with the hygienic-sanitary norms in force; e) the capture of raw water, namely the discharge of municipal waste water in natural receptors, only in compliance with the conditions imposed by the agreements, opinions and environmental and water management permits; f) maintenance and maintenance of water supply and sewerage systems in permanent condition; g) metering of the quantities of water produced, distributed and invoiced respectively; h) increasing efficiency and efficiency of systems in order to reduce tariffs, by eliminating losses in the system, reducing production costs, specific consumption of raw materials, fuels and electricity and by retrofitting, retooling and retrofitting them; i) limiting the quantities of drinking water distributed through public networks, used in industrial processes, and reducing specific consumption by recirculating, reusing and reusing it. (2) The right of passage for utilities on land affected by the works of execution, rehabilitation, maintenance and exploitation of water supply and sewerage systems shall be exercised throughout the existence of these systems, regardless of title holders, as follows: a) free of charge, in the case of land belonging to public or private property of the state or administrative-territorial units; b) with fair compensation, in the case of land belonging to private individuals or legal entities affected by the execution of new investment works. (3) If during the intervention works for retrofitting, repairs, revisions, removal of damage, damage is caused, operators have the obligation to pay these compensation under the law. The amount of compensation shall be determined by the agreement of the parties or, if the parties do not understand, by judicial decision. ((4) The operators of the water supply and sewerage service organized as regulated companies Law no. 31/1990 , republished, with subsequent amendments and completions, can also operate in other localities, on contractual basis. ((5) Operators have the obligation to keep separate records for each activity, having separate accounts for each type of service and/or operating locality. (6) Regional operators/Operators operating in several localities establish secondary offices in the localities where they serve more than 30,000 inhabitants. + Section 2 Users of the water supply and sewerage service + Article 28 (1) It has the individual user status of the water supply and sewerage service any natural or legal person who owns, as owner or with the right of use given by the owner, a building having its own water connection drinking or own sewerage connection and benefiting from the services of the operator on the basis of supply/provision contract concluded in its own name. (2) They are considered individual users of the water supply and sewerage service and the natural or legal persons in condominium buildings who have executed, at their expense, their own drinking water connections, upstream of the meter The connection of the condominium. The upstream notion corresponds to the water flow meaning in the installations, from the operator to the user. (3) The users of the water supply and sewerage service can be: a) economic operators; b) public institutions; c) individual domestic users, individuals; d) collective domestic users, associations of owners/tenants with legal personality. (4) The own water connections shall be executed by the individual users under the law and the notice of connection issued by the operator. The realization of own water connections in condominium buildings without the opinion of the operator attracts contravention, administrative or criminal liability, as the case may be, both for the user and for the executor of the work. (5) The evacuation of wastewater from individual users in condominium buildings, which have made their own water connections, is done at the common indoor sewerage installations. No owner has the right to restrict the exercise of the use by the other co-owners of the common sewerage facilities. (6) In the condominiums in which the indoor hot water distribution plant is carried out in vertical system, the consumption of cold water for the hot water consumption recorded by the thermal energy meter from the connection is made to the association and is assigned by the administrator on each property, according to the legal regulations in force. (7) Their own connection to the counter, including the meter, shall be surrendered free of charge to the local public administration authority. Reception and takeover of the connection as a fixed means is carried out by the local public administration authority according to the legislation in force. The self-connection meter is located at the point of delimitation of the installations from the point of view of the property, which also represents the place where the provision of the service is actually carried out by the individual user. The commissioning of the water connection is made after the conclusion of the contract for the supply/provision of the service in its own name, in accordance with the provisions of the framework contract approved by A.N.R.S.C. + Section 3 Rights and obligations of users and operators + Article 29 The right of non-discriminatory access and use of the service is guaranteed to all users, under contractual conditions and in compliance with the provisions of the service regulation and rehabilitation, extension and modernization programs of Water supply and sewerage systems. + Article 30 (1) The legal reports between the operator and the users, the rights and obligations of the users, respectively of the operator, shall be detailed in the service regulation and in the contract for the supply/provision of (2) The regulation of the water supply and sewerage service shall contain provisions relating to: a) access to information of public interest regarding the water supply and sewerage service; b) the conditions of access and use of the service, depending on the characteristics of the water supply and sewerage system, their rehabilitation, extension and modernization programs and in compliance with the technical regulations and specific trade; c) the right of any user to have mounted on the connection that serves him, at the property limit, a consumption measuring machine; d) the obligation of the local councils, the county councils, the General Council of the Municipality of Bucharest or the associations of community development, as the case may be, or of the A.N.R.S.C. to inform the decisions about the service of Water supply and sewage. + Article 31 (1) The supply/provision of the water supply and sewerage service is carried out only on the basis of supply/provision contract, which can be individual or collective. (2) In order to move to the conclusion of individual contracts, the contract for the supply/provision of the service concluded with the collective user may terminate, at its request, only with the written consent of all the owners, expressed by the decision of the general meeting of the association taken unanimously, and after the up-to-date payment of all the debits due to the operator. (3) In condominiums with vertical cold/hot water distribution system, the conclusion of individual supply/service contracts is admitted, if the following conditions are cumulatively met: a) in all places of consumption of cold water and hot water from individual property, only water meters with remote reading that are used as measuring devices of individual consumption are mounted at the expense of the user. check metrologically at maturity; b) in all the individual properties in the condominium are mounted, with the opinion of the operator, the same type of meter; c) Metrological certificates issued by the manufacturer/metrologically authorized laboratory for remote reading water meters mounted in all individual properties shall be handed over to the operator. (4) In condominiums with horizontal distribution system of cold water is admitted the conclusion of individual contracts for the supply/provision of the service, if the following conditions are cumulatively met: a) the water meter related to the individual property is used as an individual consumption measure and verifies metrologically at maturity, at the expense of the user; b) in condominiums in which hot water is distributed in vertical system, in addition to the conditions of lit. a), users must also ensure, at their expense, the installation of water meters with remote reading in all places of consumption of hot water from individual property; in all individual properties in the condominium is mounted, with the opinion the operator, the same type of meter that is used as an individual hot water consumption measure and verifies metrologically at maturity; c) metrological certificates issued by the manufacturer/metrologically authorized laboratory for water meters related to individual properties and, as the case may be, for hot water meters with remote reading mounted in individual properties shall be I teach (5) Regardless of the water distribution system in the condominium, the individual contracting of the supply/provision of the service with the users in the condominium is made at the delimitation point between the public network and the interior installation of the condominium, respectively the meter mounted at the connection of the condominium, for the water supply, and the connection home, for taking over the sewerage. (6) The individual contracts for the supply/provision of the service with the users in the condominium end with the operator, and the contract concluded with the owners/tenants association ceases by the right only after the day payment by the user collectively all debits due to the operator. (7) The main obligations of the operator in relation to the users in the condominium in case of conclusion of individual contracts for the supply/provision of the service are: a) to ensure at the connection of condominium the quality parameters of drinking water; b) to distribute on each real estate unit the consumption of water recorded by the meter mounted at the connection of the condominium; the difference between the consumption recorded by the connection meter and the amount of individual consumptions is distributed equally per unit real estate and are made individually; c) to issue monthly the invoice to each user; the invoice will also include a column with the maturity terms of all meters for which the user must ensure, at his expense, the periodic metrological verification; d) to make in pausal system users who do not ensure the installation of water meters in all consumption places related to individual property or that do not metrologically check the meters at the maturity date or do not replace all meters rejected metrologically e) do not stop the supply/provision of the service at the condominium level in case of non-payment of individual invoices. (8) The main obligations of the users in the condominium in case of conclusion of individual contracts for the supply/provision of the service are: a) to bear in proportion to the individual share the expenses of administration, maintenance and repair of the common water supply and sewerage facilities in the condominium; b) pay up to the maturity date the individual invoices issued by the operator; c) to bear the expenses of mounting, periodic metrological verification and replacement of water meters related to the individual property; d) replace the water meters with remote reading only with meters of the same type and communicate to the operator, not later than 48 hours, the series and index of the new meter together with the series and index of the replaced meter; e) allow the operator access to their property, in case of suspicion of fraud, for checking the integrity of meters and the operation of indoor water facilities, no later than 48 hours after the request, under penalty billing in pausal system within 5 days of written notification; the individual user is not exempted and from the application of other sanctions provided by law if the violation of seals applied to meters or taps is found, or any other actions that may distort the accuracy of the consumption recorded by the meter. (9) The individual contract for the supply/provision of the service ending with the users in the condominium buildings shall be elaborated by the operator, by linking the obligations provided in par. ((7) and (8) on the structure of the framework contract approved by A.N.R.S.C. The contract will also include clauses on how to determine and pay the quantities of waste water and meteor, as the case may be. ((10) Operators may request the conclusion of individual conventions based on the methodology of distribution and individual billing of the water consumption recorded at the condominium connection, developed and approved by the authority of the public administration local, and users can request, in their own name, the conclusion of supply/provision contracts with operators. (11) Individual invoicing conventions may be concluded only under the following cumulative conditions: a) on the basis of the decisions adopted by the deliberative authorities of the administrative-territorial units; b) at the level of the entire building/association; c) in compliance with the provisions of the framework contract *) of supply/provision of the service. Note
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* *) See Order of the President of the National Regulatory Authority for Public Services of Communal Household no. 90/2007 for the approval of the Framework Contract for the supply/provision of the water supply and sewerage service, published in the Official Gazette of Romania, Part I, no. 324 324 and 324 bis of 15 May 2007.
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(12) The individual conventions will also include clauses on how to determine and pay, in condominium, the quantities of waste water and meteor, as the case may be. (13) Users have the obligation to comply with the terms of the contract for the supply/provision of the water supply and sewerage service, including the provisions of the service regulation. (14) Users, natural or legal persons, including those who have their own water supply systems, are required to connect to existing or newly established public sewerage systems, if they do not hold advanced treatment plants that do not exist. comply with the conditions for the discharge of water in the natural environment. (15) The invoice for the supply/provision of the water supply and sewerage service shall be issued, at the latest, until the 15th of the month following that in which the performance was carried out. By way of derogation from provisions art. 42 42 para. ((9) of Law no. 51/2006 , republished, with subsequent additions, users are obliged to pay the bills representing the value of the service they received, within the maturity of 15 days from the date of issue of the invoices; the date of issue of the invoice and the deadline of maturity are entered on the invoice. ((16) The non-payment of the invoice within 30 days from the due date shall entail late payment penalties, as follows: a) the penalties are equal to the level of interest due for the non-payment of the budgetary obligations, established according to the legal regulations in force; b) the penalties are due from the first day after the due date; c) the total amount of penalties may not exceed the amount of the debit and shall be the income of the operator. (17) The individual invoice for the water supply and sewerage service is enforceable. (18) The non-compliance of the users with the provisions of the supply/provision contracts of the water supply and sewerage service or of the service regulation attracts the payment of penalties and compensation for the damage caused, and in certain cases, even the cessation of service provided, in accordance with the provisions of the contract. (19) Users ' non-compliance with the qualitative and quantitative conditions of discharge of wastewater into public sewerage systems, established by the takeover agreements and the connection notices issued by the operator according to the regulations legal effect, leads to their withdrawal, the cancellation of operating permits and the payment of penalties and compensation for damages caused, in accordance with the polluter pays principle. (20) In the case of existing condominial buildings, the individualization of cold water consumption for the distribution of individual properties/apartments of the related costs is carried out, depending on the design and realization of the installation interior distribution adopted, as follows: a) by individual meters mounted on their own connection at the entrance of each apartment or space with another destination-in the case of horizontal interior distribution; b) with the help of cost allocators mounted on the connections of the devices/consumer devices related to each apartment or space with another destination-in the case of vertical interior distribution. (21) In the case of existing condominiums, the transition from vertical distribution to the horizontal distribution of water in condominium is done with the written consent of all holders with any title of the premises within the condominium and at their expense, expressed by the decision of the general assembly of the association taken unanimously, on the basis of a technical-economic documentation prepared in accordance with the legal provisions in force and the building permit issued by the authority local public administration. (22) The transition to the horizontal distribution of water in condominium is made in full, for all spaces with housing destination and/or other destination, being prohibited the distribution of consumption in both distribution systems.
+ Article 32 (1) Operators have the right to stop the supply/provision of the service to those users who do not pay the value of the services provided/rendered no later than 30 calendar days from the expiry date of the payment deadline, by the disconnection from the public water distribution networks or from the public sewerage networks, and to request the recovery of the debits in court. (2) The measure of disconnection from the public network can only be taken following a prior notification addressed to the outstanding user and can be implemented after 5 working days from the date of its receipt; transmission can be made by courier or by registered letter. The notification procedure will also be considered to be fulfilled in the event of an eventual refusal to receive it from the user. (3) Resumption of supply/supply of water supply and sewerage service to the user is made after the payment of the amounts invoiced by the operator according to the provisions of the framework contract *) approved by A.N.R.S.C. Note
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*) See the asterisk of art. 31 31 para. ((11) lit. c).
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(4) The resumption of supply/provision of the water supply and sewerage service will be made within a maximum of 5 working days from the payment; the justified expenses related to the cessation, respectively the resumption of the supply/provision of the service, is supported by the user. (5) The owner/lessee association, as a transferor, may assign to the operators, as assignees, for the recovery, the debits of users in the condominium buildings more than 60 days old, if they are to be recovered. the value of the debits represents no more than 15% of the monthly invoice value of each connection. The recovery of these debits is to be carried out by operators including by acting users, as assigned debtors, in the courts/execution courts. (6) The regional operators/operators do not have the right to stop the supply/provision of the water supply and sewerage service in the condominium buildings if the conditions provided in par. ((5).
+ Article 33 (1) The rights and obligations of the operators in relation to the local public administration authorities shall be provided in the own regulations of the water supply and sewerage service, following principles: a) the collection of prices and tariffs related to the public service provided/provided, established according to the rules in force; b) periodic adjustment of prices and tariffs, in relation to changes in costs; c) changes in prices and tariffs, under the law, if a significant change in the contractual balance or in the cost structure has occurred. (2) The operators have the following obligations to the users of the water supply and sewerage service: a) to supply/perform the water supply and sewerage service only on the basis of a contract concluded with the users of the service; b) comply with the contractual provisions; c) to serve all users in the coverage area for which they were authorized, under the provisions of the regulation of the service; d) comply with the performance indicators approved by the local public administration authorities through the administration decisions, respectively from the contracts for delegation of the management of the service; e) provide the local public administration authorities and A.N.R.S.C. with the requested information and ensure access to all information necessary to verify and evaluate the operation and development of the service, in accordance with the clauses the delegation contract and the legal provisions in force; f) to implement performance management methods, leading to the reduction of operating costs, including through the application of the competitive procedures provided by the legal norms in force for the procurement of works, goods and services; g) to equip with meters the connections of the users at the point of delimitation of the installations, within the deadlines set by the local councils in accordance with the legal provisions, but not later than 2 years from the date of entry into force of the present law. (3) The penalties and penalties applicable to operators for their non-compliance with the performance indicators of the service shall be compulsorily provided for in the management decision or in the contract of delegation of the management. + Article 34 (1) Provide the necessary amounts to finance the metering at the user's connection, provided in art. 33 33 para. ((2) lit. g), will take priority at the adoption of local budgets, of community development associations, respectively of operators, if the contract for delegation of management has provided for this investment, regardless of the form of organization of operators, of the type of ownership or the management method adopted. (2) The contravail of the water meters fitted by the users with the agreement of the operators, including the value of their installation, shall be settled by the operators on the basis of the supporting documents submitted by the users. Settlement is made within funds with this destination provided in local budgets or community development associations, approved according to the law and transferred to operators, respectively in operators ' budgets, according to investments established on the basis of contracts for the delegation of management. Until the meters are mounted, the invoiced consumption will not exceed the consumption established in pausal mode.
+ Chapter V Financing of the water supply and sewerage service + Article 35 (1) The financing of the operating expenses necessary for the operation and operation of the service shall be ensured by collecting from the users, on the basis of the invoices issued by the operators, the value of the services provided (2) If investment projects in water supply and sewerage systems develop through public funds provided, in whole or in part, from the state budget and/or from non-reimbursable funds, the financing of the service is made by the operator's application of the single price/tariff and the tariff strategy, which is based in accordance with the Cost-Benefit Analysis Methodology for investments in water infrastructure, approved by Government decision. (3) The tariff strategy shall be drawn up by the administrative-territorial unit/community development association for a minimum period of 5 years, shall be updated whenever necessary and approved by decision of the deliberative authority. of the administrative-territorial unit or, as the case may be, by decision of each administrative-territorial unit of the association of intercommunity development with object of activity the water supply and sewerage service. The tariff strategy is a condition of financing of investment projects in water infrastructure made from public funds granted from the state budget and/or from non-reimbursable funds. (4) The establishment of the level of the single price/tariff is approved, with the opinion of A.N.R.S.C., by decision of the deliberative authority of the administrative-territorial unit or, as the case may be, in compliance with the mandate entrusted, by decision the association of intercommunity development with the object of activity the water supply and sewerage service. After establishment, the subsequent adjustments of the single price/tariff shall be approved by the A.N.R.S.C. in accordance with the pricing strategy and the formulas provided for in the contract of delegation of the management and/or in the co-financing contracts, annexes to the delegation contract. (5) The prices and tariffs for the payment of the water supply and sewerage service shall be established, adjusted and modified on the basis of the foundation sheets on expenditure items prepared according to the methodological norms developed by A.N.R.S.C. and approved by order of its President. (6) The foundation of the prices and tariffs of the water supply and sewerage service is made by the operator, so that the structure and their level: a) to cover the economically justified cost of providing/providing the service; b) ensure the efficient and safe functioning of the service, the protection and preservation of the environment, and the health of the population c) discourage excessive consumption and encourage capital investment; d) ensure compliance with the operator's financial autonomy; e) to guarantee continuity of service. (7) The procedures for the establishment, adjustment or modification of prices and tariffs shall be established by the methodological norms developed by A.N.R.S.C. and approved by order *) of its president. Note
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*) See the asterisk of art. 16 16 para. ((2) lit. b).
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((8) Establishment, adjustment or modification of prices and tariffs for water supply and sewerage services that are provided/supplied by means of a public infrastructure that develops/extends from other sources of financing than the ones mentioned in par. (2), shall be approved by decisions of the deliberative authorities of the administrative-territorial units or, as the case may be, in compliance with the mandate entrusted, by decisions of the general meetings of the intercommunity development associations with object of activity the water supply and sewerage service, based on the specialized opinion issued by A.N.R.S.C. and provided that the following requirements are met: a) to ensure the supply/performance of the service at the level of performance indicators established by the local public administration authorities and specify in the decision to be given in administration or in the contract of delegation of the management of the service, after case; b) realization, during the employee period, of a quality-cost ratio as good as possible for the service provided/provided and ensuring a balance between the risks and benefits assumed by the contracting parties; c) ensuring the efficient exploitation, maintenance and administration of the infrastructure related to the service and goods belonging to the public or private domain of the administrative-territorial units. (9) The prices/tariffs of operators/economic operators who produce and/or transport water in a food system and deliver it in another supply system will be determined on the basis of the expenditure elements related to these activities, with breakdown of prices/tariffs of production and transport. ((10) The tariffs of operators/economic operators who take over the wastewater from operators/economic operators providing sewerage services in other areas of operation, will be determined on the basis of the expenses related to the activities of transport and wastewater treatment. ((11) Provisions of para. (9) and (10) shall also apply to operators whose prices/tariffs are determined on the basis of rules or formulas established in the delegation contract or by Government decision. After determining the prices/tariffs, the subsequent adjustments will be made according to the rules or formulas provided for in the delegation contracts or in the Government's decisions. (12) Prices/Rates provided in par. ((9), (10) and (11) shall be approved by the competent regulatory authority.
+ Article 36 (1) The operator has the right to periodically request the adjustment of prices and tariffs, depending on the changes in the cost structure. (2) In the case of delegated management, the adjustment or modification of prices and tariffs may also be made on the basis of rules or calculation formulas agreed by the contract for the delegation of the management of the service between the local public administration authorities or, as the case may be, between the intercommunity development associations with the object of activity the water supply and sewerage service and operator and endorsed by A.N.R.S.C. In this case, A.N.R.S.C. will apply these rules or formulas for the issuance of the specialized opinion or for the approval of the adjustment proposed by the operator, as the case may be, according to the competences 35 35 para. ((4). (3) The operator has the right to propose composed tariffs established according to a methodology *) developed and approved by A.N.R.S.C., which comprise a fixed component, proportional to the expenses necessary for maintaining in working order and safe and efficient operation of the water supply and sewerage system, and a variable one, depending on the water consumption, respectively the amount of waste water discharged, recorded in the users. Note
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*) See the asterisk of art. 16 16 para. ((2) lit. b).
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((4) Establishment, adjustment or modification of prices and tariffs for certain activities specific to the supply of water and sewerage provided by economic operators or public institutions which do not have the status of operators and which are not located in the the coordination or direct subordination of the local public administration authorities is made by A.N.R.S.C., based on the principles and procedures provided by this law. (5) The approval of prices and tariffs for operators included in external financing programs shall be carried out by A.N.R.S.C., in accordance with the provisions of the loan agreement. (6) When substantiating prices and tariffs, operators may request a quota corresponding to losses justified by the technical condition of the water supply and sewerage systems. The level of this quota is established by the local public administration authorities, with the opinion of A.N.R.
+ Article 37 ((1) The financing of investments for the establishment, development, rehabilitation and modernization of water supply and sewerage systems falls within the competence of local public administration authorities. Depending on the method of management adopted and the contractual clauses established by the legal acts on the basis of which the operator is designated, the investment financing tasks may be transferred to the operator. (2) Financing of investment works and provision of financing sources shall be carried out in accordance with the provisions of the legislation in force on local public finances and of Law no. 51/2006 , republished, with subsequent additions. (3) The establishment, development, modernization or rehabilitation of the technical-urban infrastructure related to the water supply and sewerage service in the local budgets is made only on the basis of the decisions of the local councils, of the county councils, of the General Council of the Municipality of Bucharest or of the associations of community development, as appropriate (4) In the case of delegated management, in order to maintain the contractual balance, any subsidy granted to the water supply and sewerage service can only be approved if it causes a reduction in the tariff and/or an increase in quality the service, corresponding to the grant.
+ Chapter VI Liabilities and penalties + Article 38 (1) The violation of the provisions of this law attracts disciplinary, civil, contravention or criminal liability of the guilty, as the case may be. (2) The authorities of the local public administration or, as the case may be, the intercommunity development associations with the object of activity the water supply and sewerage service, on behalf of and on behalf of the administrative-territorial units, shall be entitled to sanction the operator if it does not provide/does not provide the service at the level of the approved performance indicators, respectively for non-compliance with other commitments made, by: a) the application of penalties corresponding to the damage to the users or to the threshold necessary to discourage the operator in maintaining the deficiencies found; the calculation procedure and the amount of penalties will be provided both in the regulation of the water supply and sewerage service adopted at local level and in the contract for the delegation of the management of the service; b) request for withdrawal/suspension of the license by A.N.R.S.C.; c) termination of the contract to delegate the management of the service. + Article 39 (1) It is a crime in the field of water supply and sewerage service and is punishable by imprisonment from 6 months to 3 years or with a fine from 50,000 lei to 100,000 lei the following facts: a) serious pollution, in any way, of water supply and sewerage systems of localities; b) non-compliance with the construction protection zones and installations related to water supply and sewerage systems, established in accordance with the technical and health protection rules in force, if these areas were marked corresponding, as well as the destruction of markings that signal these areas. (2) It constitutes a crime and is sanctioned with imprisonment from 3 months to 2 years or with a fine from 30,000 lei to 50,000 lei the following facts: a) the destruction, damage and unauthorized handling of the dam, barbecues, vanes, other constructions and hydrotechnical installations related to the water supply and sewerage systems, which affect the safety of the services, operation the normal and integrity of the water supply and sewerage systems and cause serious material effects or damage; b) preventing access to components, installations and equipment, by placing constructions or by storing objects and materials on the route of adductions, ducts, collectors, ducts, dormitories, hydrants exterior, etc. (3) It constitutes contraventions, other than those provided for in Law no. 51/2006 , republished, with subsequent completions, and is sanctioned with a fine of 30,000 lei to 50,000 lei the following facts: a) supply/provision of the water supply and sewerage service without the approval of the local public administration authorities by decision of administration or decision to award the contract of delegation of the management, as the case may be; b) the assignment by the local public administration authorities or, as the case may be, by the intercommunity development associations with the object of activity the water supply and sewerage service of the contract for delegation of the management of the service water supply and sewerage, without complying with the legal award procedures provided for in art. 30 30 of Law no. 51/2006 , republished, with subsequent additions; c) the administration by the local public administration authorities of the water supply and sewerage service and the technical-publishing infrastructure related to an unlicensed supplier/provider, respectively the assignment and conclusion the contract for the delegation of the management of the service with an unlicensed supplier/provider, except for the contracts awarded according to art. 22. (4) It constitutes contraventions, other than those provided for in Law no. 51/2006 , republished, with subsequent completions, and is sanctioned with a fine of 5,000 lei to 10,000 lei the following facts: a) failure to follow by the mayor the preparation of the own regulation of the service and the specification within 90 days of the approval of the framework regulation of the service and the specification of the framework b) the refusal of the operator to allow users access to the measuring-recording devices of the consumptions, when they are mounted in the installation under its administration; c) refusal of users to allow the operator access to the measurement-recording devices, for the purpose of carrying out control, recording of consumptions or for the execution of maintenance and repair works; d) any unauthorized intervention of the user on the components of the public water supply and sewerage system; e) preventing the user, in any way, of the operator's access to the connection dormitories, for the sampling of wastewater monitoring; f) preventing the user, in any way, of the operator's access to the pre-treatment plants, for the purpose of carrying out the control; g) the refusal of the operator to conclude, under the conditions of this law, contracts for the supply/provision of the service with individual users in condominium buildings. (5) It constitutes contravention the non-compliance by users with the provisions of art. 31 31 para. (14) and is sanctioned with a fine of 2,000 lei to 4,000 lei. (6) Local councils, county councils and, as the case may be, the General Council of Bucharest will determine, according to the provisions 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, and other facts than those provided in par. ((3), (4) and (5) which constitute contraventions in the field of water supply and sewerage service. + Article 40 (1) The provisions on contraventions, provided for in this Law, shall be supplemented by the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 28. (2) The finding of the contravention and the application of the sanction provided in art. 39 39 para. (5) shall be made by the authorized personnel of the National Environmental Guard. (3) The finding of contraventions provided by this law and the application of sanctions shall be made by persons empowered by the Minister of Environment, Water and Forestry, by the Minister of Regional Development and Public Administration, by the President A.N.R.S.C., by the chairmen of the county councils, by the mayors or their powers, according to their competences. + Chapter VII Transitional and final provisions + Article 41 The framework regulation and the framework specifications of the water supply and sewerage service, including the performance indicators of the service, shall be elaborated by A.N.R.S.C. and approved by order *) of its president, within one year from date of publication Law no. 51/2006 , republished, with subsequent additions. Note
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*) See the asterisk of art. 6.
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+ Article 42 ((1) In order to conclude the contracts for the delegation of management, the deliberative authorities of the administrative-territorial units or, as the case may be, the general meetings of the intercommunity development associations with the object of activity water supply and sewerage, with the opinion of the deliberative authorities of the member administrative-territorial units and under the terms of the mandate entrusted, have the obligation to initiate and approve in advance: a) specialized studies to establish the optimal procedure for delegating the management of the service; b) inventory of movable and immovable property, public or private property of the administrative-territorial units related to the service; c) the documentation related to the procedure adopted, within 6 months from the decision on the delegation of the management of the service; d) the start of the procedures by which the management is delegated, within two months from the approval of the documentation. ((2) In case of reorganization or judicial liquidation of operators operating on the basis of contracts for delegation of management concluded under the conditions of this law, local public administration authorities or, as the case may be, associations of intercommunity development with object of activity the water supply and sewerage service, on behalf of and on behalf of the administrative-territorial units and under the terms of the mandate entrusted, will organize new procedures for the award of contracts for the delegation of the management of the service for the purpose of designation of a new operator. + Article 43 (1) The concession contracts of the water supply and sewerage service, valid by the local public administration authorities until the date of entry into force of this Law, shall produce their effects according to the provisions of contract. (2) Existing operators who, at the time of publication of this law in the Official Gazette of Romania, Part I, provide/perform the water supply and sewerage service without a license are required to request and obtain its release from to A.N.R.S.C., no later than one year after the date of entry into force of this Law. ((3) Licences granting permission to provide/provide the service, issued by A.N.R.S.C. until the date of entry into force of this Law, shall retain its validity. (4) Within one year from the date of entry into force of this Law, the local public administration authorities shall proceed with the reorganization of the water supply and sewerage service, in accordance with the management procedures provided for in art. 18 18 of this law. + Article 44 The provisions of this Law shall be completed Water law no. 107/1996 ,, as amended and supplemented, the Law no. 458/2002 on the quality of drinking water, republished, and ale Law no. 51/2006 , republished, with subsequent additions. + Article 45 Measures of the nature of the state aid provided for in this Law will be notified according to Law no. 143/1999 * *) on state aid, republished, and will be granted only after their authorization by the Competition Council, under the conditions of meeting the criteria provided for in the secondary legislation on state aid. Note
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* *) Law no. 143/1999 has been repealed by Government Emergency Ordinance no. 117/2006 on national procedures in the field of state aid, published in the Official Gazette of Romania, Part I, no. 1.042 of 28 December 2006, approved with amendments and additions by Law no. 137/2007 . Government Emergency Ordinance no. 117/2006 , approved with amendments and additions by Law no. 137/2007 ,, has been repealed by Government Emergency Ordinance no. 77/2014 on national procedures in the field of State aid and amending and supplementing Competition law no. 21/1996 , published in the Official Gazette of Romania, Part I, no. 893 of 9 December 2014, approved with amendments and additions by Law no. 20/2015 ,, as amended.
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+ 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. 32/2002 on the organization and functioning of public water supply and sewerage services, published in the Official Gazette of Romania, Part I, no. 94 of 2 February 2002, approved with amendments and additions by Law no. 634/2002 , with subsequent amendments and completions. + NOTE: We reproduce below the provisions that are not incorporated in the republished form of Law no. 241/2006 and which continue to apply as own provisions of the amending acts: - Art. II, III and IV of Law no. 224/2015 to amend and supplement Law of the water supply and sewerage service no. 241/2006 : "" Art. II. -Within one year from the date of entry into force of this law the local public administration authorities shall proceed, in accordance with the provisions of art. 19 19 para. ((2) of Law of the water supply and sewerage service no. 241/2006 , republished, with the amendments and completions brought by this law, to the reorganization of functional compartments without legal personality, organized in the structure of the specialized apparatus of the mayor or, as the case may be, of the county, in public services of local interest with legal personality organized under the local councils or county councils, as the case may be. Art. III. -(1) Cost-benefit analysis methodology for investments in water infrastructure provided for in art. 35 35 para. ((2) of Law no. 241/2006 , republished, with the amendments and completions brought by this law, is approved by Government decision, at the initiative of the Ministry of European Funds. (2) Within one year from the date of entry into force of this Law, the Ministry of Labour, Family, Social Protection and Elderly, the Ministry of Public Finance and the Ministry of Regional Development and Public Administration will develop norms methodological information on the granting of social aid art. 12 12 para. ((1) lit. m) of Law no. 241/2006 , republished, with the amendments and completions brought by this law. Art. IV. -The investment objectives, which are being executed on the date of entry into force of this law, in the field of water supply and sewerage, financed by funds from the state budget, shall be completed on the basis of the legal provisions in force the start date. ' -----