LEGE no. 288 288 of 7 July 2006 on the empowerment of the Government to issue ordinances
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 591 591 of 7 July 2006
The Romanian Parliament adopts this law + Article 1 Pursuant to art. 115 115 para. (1) of the Romanian Constitution, republished, the Government is empowered that, from the date of entry into force of this Law, but not before the end of the first ordinary session of 2006 until the resumption of the Parliament's work in the second Ordinary session of 2006, to issue ordinances in areas not subject to organic laws, as follows: I. Public Finance and Economy: 1. regulation of financial and fiscal measures in the field of transport, economy and trade; 2. rectification of the state budget for 2006; 3. rectification of the state social insurance budget for 2006; 4. abrogation from the date of accession of Romania to the European Union of normative acts containing regulations granting exemptions and exemptions from the payment of customs duties of certain goods; 5. modification and completion Government Emergency Ordinance no. 195/2001 on the distribution of the profit of the National Company "Romanian Lottery"-S.A., approved by Law no. 195/2002 ,, as amended; 6. modification and completion Government Ordinance no. 59/2004 on measures to strengthen financial-economic discipline in the health system, approved with amendments and completions by Law no. 597/2004 ,, as amended; 7. modification and completion Government Emergency Ordinance no. 63/1999 on the management of non-reimbursable funds allocated to Romania by the European Community and their co-financing funds, approved by Law no. 22/2000 , with subsequent amendments and completions; 8. measures to accelerate the privatization of companies, capitalize on assets of the state and some measures on the post-privatization monitoring of sales contracts of state owned shares from companies; 9. repeal Government Emergency Ordinance no. 57/2002 for the recovery of arrears to the main suppliers of energy resources and water, approved with modifications by Law no. 639/2002 ; 10. measures regarding the regulation of debts related to closed mines to the state budget, the state social insurance budget, other special budgets, local budgets and to commercial companies providing electricity and other utilities; 11. measures regarding the removal from operation of fixed assets, including their related constructions, physically or morally used, not fully amortized, from the production capacities of economic operators in the Ministry's portfolio Economy and Trade; 12. modification and completion Government Emergency Ordinance no. 214/2000 on certain measures for the execution of the rehabilitation works of Group no. 1 from the Mintia-Deva Thermal Power Plant, approved with modifications by Law no. 449/2001 ; 13. modification and completion Government Ordinance no. 11/2003 on the management of spent fuel and radioactive waste, including permanent storage, approved with amendments and additions by Law no. 320/2003 ; 14. measures regarding the removal from the state reserve of quantities of fuels; 15. Approval of the cessation of validity of international treaties in the field of trade and economic cooperation; 16. modification art. 199 199 para. ((1) lit. d) of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, regarding the excise regime for products delivered from state reserves; 17. measures to solve the specific situation of the Commercial Company "Daewoo Automobile Romania"-S.A.; 18. modification and completion Government Emergency Ordinance no. 137/2004 on certain measures regarding the use of the profit of the National Natural Gas Transport Company "Transgaz"-S.A. for the financing of major investment objectives, approved with amendments by Law no. 50/2005 ; 19. modification Government Ordinance no. 14/2004 on the authorization of the Office of State and Privatization in Industry for the allocation of 10.8 billion lei to the Commercial Company "Melana IV"-S.A. Savinesti, approved with amendments by Law no. 167/2004 ; 20. measures for the restructuring and preparation of the privatization of the Commercial Company "Mineral Waters"-S.A.; 21. modification and completion Government Ordinance no. 31/2004 on certain measures for the process of privatization of the Commercial Company of Natural Gas Distribution "Distrigaz Sud"-S.A. Bucharest and of the Commercial Company of Natural Gas Distribution "distrigaz Nord"-S.A. Targu Mures, as well as the subsidiary companies of distribution and supply of electricity, approved with modifications by Law no. 169/2004 ,, amendment Law no. 137/2002 on certain measures to accelerate the privatisation, with subsequent amendments and completions, as well as the establishment of measures for the sale of shares representing up to 10% of the share capital of these companies; 22. modification Law no. 71/1994 on the granting of additional facilities to Law no. 35/1991 , republished, for attracting foreign investors to the industry; 23. insurance and reinsurance regulations; 24. modification of note c) of Annex no. 2 2 to Government Ordinance no. 24/1992 on the establishment of consular services and fees charged for their provision, approved with amendments by Law no. 89/1993 , with subsequent amendments and completions. II. Transport, construction and tourism: 1. modification and completion Government Ordinance no. 22/1999 on the administration of ports and waterways, as well as the carrying out of shipping activities in ports and on waterways, republished; 2. modification and completion Government Ordinance no. 42/1997 on shipping, republished; 3. approval of the implementation framework of the National Program for the construction of the sewerage network and for the realization of treatment plants in rural localities and recently declared localities by law, but which do not have urban infrastructure; 4. modification Government Ordinance no. 64/1999 for the approval of the Strategic Airport Infrastructure Development Program at Bucharest-Otopeni International Airport, approved with modifications by Law no. 220/2002 ; 5. modification and completion Law no. 152/1998 on the establishment of the National Housing Agency, with subsequent amendments and completions; 6. improvement of the legislative framework in the field of transport, in order to align with Community legislation; 7. measures for the development of activity in the field of housing construction through programs at national level; 8. measures for the development of activity in the field of housing construction for flood victims, following floods and landslides; 9. measures for the development of tourism activity at national level; 10. modification and completion Law no. 38/2003 on taxi and rental transport, as amended; 11. modification and completion Government Ordinance no. 43/1997 on the road regime, republished, with subsequent amendments and completions; 12. measures for the handover to beneficiaries of residential houses built by government programs in the areas affected by the floods produced in 2005; 13. changing the destination of parts of a building; 14. special measures regarding the attic of residential buildings block type. III. Agriculture and environmental protection: 1. modification Law no. 236/2003 on the organization of raw tobacco market in Romania; 2. regulations on the granting of facilities to agricultural producers and livestock farmers, in the context of integration into the European Union; 3. modification and completion Government Emergency Ordinance no. 34/2000 on organic agri-food products approved by Law no. 38/2001 ; 4. modification and completion Government Emergency Ordinance no. 113/2002 on the identification and registration of bovine animals in Romania, approved with modifications by Law no. 25/2003 ,, as amended; 5. measures relating to the reorganisation of breeding, selection and identification of animals; 6. measures regarding the financial support granted from the state budget to projects in the SAPARD Program for the areas affected by the March-April 2006 floods; 7. measures necessary as a result of the effects of floods or other natural calamities; 8. measures necessary to support agricultural producers in flooded or high humidity areas, as well as in areas affected by landslides; 9. modification Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations, approved with amendments Law no. 451/2001 , with subsequent amendments and completions; 10. regulations on the approval of the number of specimens of bear, wolf, shaved species and wild cat that can be harvested during the hunting season 2006-2007; 11. measures to combat avian influenza; 12. modification and completion Government Emergency Ordinance no. 78/2000 on the waste regime, approved with amendments and additions by Law no. 426/2001 ,, as amended; 13. repeal Government Ordinance no. 89/1999 on the trade regime and the introduction of restrictions on the use of halogenated ozone-depleting hydrocarbons approved with amendments Law no. 159/2000 ; 14. approval and funding of priority multi-annual environmental and water management programmes. IV. Communications: 1. approval of the strategy for the completion of the privatization process of the Commercial Company "Romtelecom"-S.A.; 2. approval of the privatization strategy of the National Radiocommunication Society-S.A.; 3. modification of the legislative framework in the field of electronic communications and postal services. V. Culture, education and sport: 1. regulations on institutions and companies of performances or concerts; 2. modification and completion Law no. 292/2003 on the organisation and functioning of cultural establishments; 3. modification and completion Law no. 111/1995 on the establishment, organization and functioning of the Legal Deposit of Documents, regardless of support, republished; 4. regulations on the protection of technical and industrial heritage; 5. regulations on the protection of intangible national heritage; 6. modification Law no. 8/2006 on the establishment of the allowance for pensioners of the public pension system, members of unions of legally established creators and recognized as legal persons of public utility; 7. modification and completion Government Ordinance no. 57/2002 on scientific research and technological development, approved with amendments and additions by Law no. 324/2003 ,, as amended; 8. regulations on the rights due to teachers in primary education who carry out additional activity, in education with teaching in the mother tongue; 9. measures regarding the use of nutritional supplements by athletes; 10. modification and completion Government Ordinance no. 26/2005 on the management of public cultural institutions, approved with amendments Law no. 114/2006 ; 11. modification and completion Government Ordinance no. 21/2006 on the regime of the concession of historical monuments; 12. modification and completion Education Law no. 84/1995 , republished, with subsequent amendments and completions. VI. Work, social protection and payroll: 1. modification and completion Law no. 138/1999 on the payroll and other rights of military personnel in the public institutions of national defence, public order and national security, as well as the granting of salary rights to civil personnel in these institutions, as amended and subsequent additions; 2. measures in order to grant additional financial aid to the descendants of those who fell on duty during the military service after 1989; 3. measures regarding the salary of education staff; 4. modification Government Ordinance no. 38/2003 on the payroll and other rights of the police, approved with amendments and additions by Law no. 353/2003 , with subsequent amendments and completions; 5. regulations regarding the salary and other rights of the specialized auxiliary staff of the courts and prosecutors ' offices, in order to create a unit salary system; 6. regulations regarding the salary and other rights of civil servants with special status in the National Administration of Prisons; 7. modification and completion Government Ordinance no. 44/2004 on the social integration of foreigners who have acquired a form of protection in Romania, approved with modifications by Law no. 185/2004 ,, as amended; 8. modification and completion Government Emergency Ordinance no. 115/2004 on the remuneration and other rights of contract staff in public health facilities in the health sector, approved with amendments and additions by Law no. 125/2005 ,, as amended; 9. modification and completion of the legislation on the salary and other rights of contract staff in public educational establishments; 10. modification and completion of the legislation on the salary and other rights of the other categories of civil servants; 11. measures to protect the population against the effects of avian influenza; 12. modification Law no. 217/2005 on the establishment, organisation and functioning of the European Works Council; 13. modification and completion Law no. 203/1999 on work permits, republished, with subsequent amendments and completions; 14. financial measures in order to grant home heating aid in order to reduce prices; 15. modification and completion Law no. 495/2004 on the salary and other money rights of the staff in the central administration of the Ministry of Foreign Affairs and from the diplomatic missions, consular offices and Romanian cultural institutes abroad, as amended. VII. Administration and Interior: 1. modification and completion Government Emergency Ordinance no. 49/2005 on the establishment of reorganisation measures within the central public administration, approved with amendments by Law no. 411/2005 ; 2. modification and completion Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of citizens of the Member States of the European Union and of the European Economic Area, approved with amendments and additions Law no. 260/2005 ; 3. regulation of the obligation of air carriers to communicate passenger data; 4. measures to prevent and combat illicit trafficking of prohibited substances; 5. completion Government Emergency Ordinance no. 50/2004 for the modification and completion of some normative acts in order to establish the organizational and functional framework corresponding to the activities of issuing and recording identity cards, civil status documents, simple passports, driving licences and vehicle registration certificates, approved with amendments and additions by Law no. 520/2004 ; 6. modification and completion Government Emergency Ordinance no. 195/2002 on traffic on public roads, approved with amendments and additions by Law no. 49/2006 ; 7. modification and completion Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and completions; 8. completion art. 6 of Government Emergency Ordinance no. 78/2002 on ensuring the operating conditions of thermal and electric district heating plants owned by county or local councils, approved with amendments and completions by Law no. 643/2002 ; 9. establishment of local reference prices for thermal energy supplied to the population through centralized systems; 10. measures to accelerate the procedure for granting compensation related to buildings improperly taken over. VIII. Contraventions: -amending and supplementing 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. IX. The extension of some deadlines provided for in normative acts with the force of law. + Article 2 According to the provisions of art. 115 115 para. (3) of the Romanian Constitution, republished, the ordinances issued by the Government pursuant to art. 1 will be submitted for approval to the Parliament, according to the legislative procedure, until the resumption of Parliament's work in the second ordinary session of 2006. Failure to comply with the deadline draws the end This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 7, 2006. No. 288. --------------
