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Law No. 143 Of 21 May 2007 Approving Emergency Government Ordinance No. 118/2006 On The Establishment, Organization And Holding Of Cultural Activity

Original Language Title:  LEGE nr. 143 din 21 mai 2007 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 118/2006 privind înfiinţarea, organizarea şi desfăşurarea activităţii aşezămintelor culturale

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LEGE no. 143 143 of 21 May 2007 for approval Government Emergency Ordinance no. 118/2006 establishing, organizing and carrying out the activity of cultural settlements
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 351 351 of 23 May 2007



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 118 118 of 21 December 2006 on the establishment, organization and conduct of the activity of cultural settlements, published in the Official Gazette of Romania, Part I, no. 1.038 of 28 December 2006, with the following amendments and additions: 1. In Article 2, paragraph 1 shall be amended and shall read as follows: "" Art. 2. -(1) for the purposes of this emergency ordinance, cultural establishments are legal persons of public or private law, regardless of the form of organization and financing, who carry out activities in the cultural, information and education field permanent, representing cultural services of public utility, with a role in ensuring social cohesion and access to information. " 2. Article 3 is amended and shall read as follows: "" Art. 3. -(1) The local public administration authorities may approve the functioning of the cultural settlements of public law as host institutions of performances and/or concerts, ensuring the following: a) the existence of a building that has the technical-administrative conditions necessary for the presentation of artistic productions; b) the budget necessary to operate and cover the expenses related to the presentation of (2) Artistic productions are the performances and/or concerts defined according to the provisions Government Ordinance no. 21/2007 on institutions and companies of shows or concerts, as well as the conduct of artistic impresario activity. " 3. In Article 4 (2), point b) shall be amended and shall read as follows: " b) conservation, research, protection, transmission, promotion and enhancement of traditional culture and intangible cultural heritage; '. 4. In Article 4 (3), point d) is amended and shall read as follows: "d) conservation, research and enhancement of crafts, customs and traditions;". 5. In Article 4 (3), after letter e) a new letter, letter f) is inserted, with the following contents: "f) the organisation of artistic residencies." 6. In Article 5, paragraph 3 shall be amended and shall read as follows: "(3) Cultural settlements, public institutions, may bear the name of one of the personalities of national or local history and culture; the assignment of the name shall be made according to the legislation in force." 7. Article 6 is amended and shall read as follows: "" Art. 6. -(1) The authorities of the public administration subordinated to the cultural settlements, public institutions, approve for them, in accordance with the provisions of this emergency ordinance: a) the organization and functioning regulations; b) number of posts; c) the state of functions; d) revenue and expenditure budget. (2) Any modification of the organization and functioning of cultural settlements, public institutions, is approved by the act of the central public administration authority, respectively by decision of the local council or the county council, as the case may be, adopted by the vote of two thirds of the total number of councillors. (3) in the case of cultural settlements subordinated to the local public administration authorities, the prefect shall ensure compliance with the provisions of par. ((2), under the law. " 8. Article 8 is amended and shall read as follows: "" Art. 8. -At the level of each county is organized and operates, under the conditions of this emergency ordinance, at least one cultural settlement, public institution, subordinated to the county council, which can methodologically support the activity of the settlements cultural at the communal level. " 9. In Article 16, a new paragraph (2) is inserted, with the following contents: "(2) Own revenue will only be used to finance cultural projects and programmes." 10. In Article 21, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 21. -(1) The Ministry of Culture and Religious Affairs may finance from sources allocated from the state budget, from reimbursable and non-refundable external funds, as well as from other sources, under the law, a National Program for the construction of premises for cultural settlements in the localities where there are no such institutions, as well as for the rehabilitation, modernization and endowment of cultural settlements of public law, in rural and small urban areas, hereinafter referred to as the Program. ........................................................................................ (3) The programme has as its main objectives: a) rehabilitation and modernization of cultural infrastructure; b) construction of premises for cultural settlements in the localities where there are no such institutions; c) endowment of cultural settlements in rural areas. " 11. In Article 21, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) The endowment of cultural settlements in rural areas, according to par. ((3) lit. c), will be done with the necessary cultural practice equipment, for: a) strengthening the role of cultural establishments and transforming them into community centres for access to information and culture and social cohesion; b) diversification of cultural offer; c) increasing the access and participation of the rural population to cultural life. " 12. In Article 21, paragraph 4 shall be amended and shall read as follows: "(4) The programme shall apply from 2007 and shall take place over a period of 3 years." 13. Article 22 is amended and shall read as follows: "" Art. 22. -(1) In order to be able to receive funding under the Program, local public administration authorities, alone or in partnership with other public authorities or non-governmental organizations in the country or abroad, will develop and will proposes, on the basis of a supporting documentation, projects that must be accompanied by cultural programmes and projects carried out over a period of at least 3 years, as well as the guarantee of providing financing, from own resources or attracted, from % of the total value of the construction, rehabilitation, modernisation and/or Endowment. (2) The minimum and maximum values of the allocated funding are established by the Operational Guide of the Program, according to the provisions of art. 26 26. " 14. In Article 23, paragraph 1 shall be amended and shall read as follows: "" Art. 23. -(1) The implementation of the Programme shall be the Commission on determining the financing opportunity for projects, hereinafter referred to as the Commission, comprising a representative of the Prime Minister, the Ministry of Culture and Religious Affairs, Ministry of Agriculture and Rural Development, Ministry of Interior and Administrative Reform, Ministry of Economy and Finance, Ministry of Development, Public Works and Housing, General Secretariat of the Government, by Department of Interethnic Relations, the Association of Commons and the The Association of Cities in Romania, designated by decision of the Prime Minister, by order of the relevant ministers or by decision of the president of the association, as the case may be. " 15. In Article 25, paragraph 1 shall be amended and shall read as follows: "" Art. 25. -(1) In order to monitor the implementation of the Program, a compartment will be established in the structure of the Ministry of Culture and Religious Affairs, which will operate with a number of 15 posts, by supplementing the number of posts of the Ministry's own apparatus Culture and Religious Affairs. " 16. In Article 25, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The maximum number of posts set out in Annex no. 1 to Government Decision no. 78/2005 on the organization and functioning of the Ministry of Culture and Religious Affairs, with subsequent amendments and completions, is 192 posts, exclusively dignitaries and the minister's office. " 17. After Article 25, a new article is inserted, Article 25 ^ 1, with the following contents: "" Art. 25 25 ^ 1. -The local public administration authorities that have been selected and receive funding under the Program have the obligation to maintain the cultural settlement destination for a minimum period of 15 years. " 18. Article 26 is amended and shall read as follows: "" Art. 26. -The Ministry of Culture and Religious Affairs together with the Ministry of Agriculture and Rural Development elaborates, within 90 days from the date of entry into force of this emergency ordinance, the Operational Guide of the Program, which will include: the selection conditions, the eligible expenditure, the organisation and functioning of the Commission, as well as other details related to the implementation and monitoring of the Programme, approved by joint order of the Minister of Culture and Religious Affairs and the Minister agriculture and rural development. " 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 p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, May 21, 2007. No. 143. ----