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Law No. 199 October 21, 2008

Original Language Title:  LEGE nr. 199 din 21 octombrie 2008

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LEGE no. 199 199 of 21 October 2008 for approval Government Ordinance no. 2/2008 to amend and supplement Government Ordinance no. 51/1998 on improving the financing system for cultural programmes and projects
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 728 728 of 28 October 2008



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 2 2 of 30 January 2008 to amend and supplement Government Ordinance no. 51/1998 on the improvement of the funding system for cultural programmes and projects adopted pursuant to art. 1 1 section II.2 of Law no. 373/2007 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 73 of 31 January 2008, with the following amendments and additions: 1. In Article I, point 3, paragraph 2 of Article 1 shall be amended and shall read as follows: " (2) Within the meaning of this ordinance, the following terms have the following meanings: a) financing authority-central or local public administration authorities, public institutions that have as their object of activity and financing of programs, projects and cultural actions, Administration of the National Cultural Fund-institution publish with legal personality, which is organized and operates under the Ministry of Culture and Religious Affairs; b) non-reimbursable financing-allocation of funds, provided distinctly in the budgets of the financing authorities, for partial coverage or, as the case may be, full of the expenses necessary for the production and/or exploitation c) cultural good-materialization of an action, a project or cultural program, which aims, depending on the addressability, to satisfy the cultural interest at local, county, euroregional, national or international representation level; d) cultural action-public presentation of the result of an activity having an unrepeatable character in time, resulting in a cultural good of the event type; e) cultural project-the sum of activities specific to certain cultural/artistic fields or, as the case may be, the ensemble of organically structured cultural actions, realized within a fixed period of time, which do not, as a rule, exceed the duration of a financial year as a result of which a cultural asset results; f) cultural programme-the ensemble of cultural projects or, as the case may be, the ensemble of projects and cultural actions, subsumed to a theme/conception, carried out during a financial year, resulting in one or more cultural assets; g) multiannual cultural programme-the whole of cultural projects or, as the case may be, the ensemble of projects and cultural actions, subsumed to a theme/conception, carried out within a period of time exceeding the duration of a financial year, as a result of which results in one or more cultural goods; h) priority cultural program-the cultural program of the financing authority constituted by cultural projects whose achievement, accompanied by the corresponding financing, is entrusted to legal entities governed by public or private law corresponding to the organisational and value criteria set out annually by the respective funding authority which gives them the priority character; i) cultural offer-proposal for the production or exploitation of a cultural asset, developed by the applicant in the form of a program, project or cultural action; j) applicant-natural person or legal person of public or private, Romanian or foreign law, authorized, respectively established under the conditions of Romanian or foreign law, as the case may be, which submits a cultural offer; k) beneficiary-the applicant to whom the grant contract is awarded following the application of the procedures provided by this ordinance, becoming responsible for the production or exploitation of the cultural good; l) emergency cultural need-requirement of cultural products or services, expressed explicitly or implicitly by natural or legal persons, whose dissatisfaction may harm the immediate interests of a community. " 2. In Article I, point 4, Articles 1 ^ 1 and 1 ^ 2 shall be amended and shall read as follows: "" Art. 1 1 ^ 1. -The principles underlying the non-reimbursable financing system from the state budget and/or from the local budgets of programs, projects and cultural actions: a) free competition-ensuring that any applicant has the right to become a beneficiary; b) transparency-making available to all interested parties the information on the application of the non-refundable financing procedure of cultural offers; c) cultural diversity and pluridisciplinarity-non-discriminatory treatment of applicants, representatives of different communities or cultural fields, as well as the promotion of the diversity of cultural assets, of multidisciplinary approaches; d) non-activity-the exclusion of the possibility of granting non-reimbursable funds to an activity whose execution has already been started or completed at the date of conclusion of the financing contract; e) support of the debut-encouraging initiatives of individuals or legal entities of private law, recently authorized, respectively established, to carry out cultural activities. Article 1 ^ 2. -(1) The financing authority has the obligation to provide distinctly in the own annual budget the public funds necessary for granting grants under the conditions of this ordinance. (2) Within the budget provided in par. (1), the financing authority will delimit the amount needed to finance the priority/priority program/programs and will constitute a fund for the non-reimbursable financing of emergency cultural needs, representing a percentage of up to 8 8%, but not less than 2%. ((3) The amounts for financing the implementation of cultural projects under the priority program shall be granted by direct award, based on the criteria provided in art. 1 1 para. ((2) lit. h), drawn up by each financing authority. ((4) The amounts from the fund provided in par. ((2) shall be awarded by direct award, on the basis of the specific criteria drawn up by each financing authority. " 3. in Article I, point 5, after paragraph 2 of Article 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) The sources of financing attracted by the beneficiary may also come from partnership contracts concluded with legal entities under public or private law, with or without profit. " 4. In Article I, paragraph 10, paragraphs 1 and 6 of Article 6 shall be amended and shall read as follows: "" Art. 6. -(1) Non-refundable grants shall be awarded on the basis of contracts concluded between the financing authority and the beneficiaries. ................................................................... ((6) The justification of each instalment granted under a non-refundable financing contract shall be accepted only to the extent that the expenditure is eligible and has been effected during the performance of the contract. " 5. In Article I, point 13, Article 9 is amended and shall read as follows: "" Art. 9. -The selection session of cultural offers is carried out in the following stages: a) publication of the selection notice notice; b) verification of the fulfilment of the conditions for participation in selection and selection of c) public communication of the selection result; d) resolution of appeals. " 6. In Article I, point 13, Article 16 is amended and shall read as follows: "" Art. 16. -(1) The organization and conduct of the activity of the selection committees and those for the resolution of appeals, as well as the content of the public announcement provided in art. 10 are established by order, decision or, as the case may be, decision of the financing authority. (2) For the work done, the members of the selection committees and the members of the dispute resolution committees, which are not part of the category of staff employed by individual employment contract concluded with the financing authority, receive a allowance the amount of which is established by the administrative acts referred to in paragraph 1. ((1). ' 7. In Article I, point 13, Article 20 shall be amended and shall read as follows: "" Art. 20. -(1) The Director of Administration shall be assisted by a board of 11 voting members, constituted as follows: a) 2 members-Ministry of Culture and Religious Affairs; b) a member-Romanian Cultural Institute; c) a member-the Council of National Minorities; d) 7 members appointed by the minister of culture and cults on the basis of proposals made by non-governmental organizations in the field of culture, so as to ensure a proportional representation of all areas of culture. (2) The Administration Council has the following main tasks: a) establishes the strategy and funding priorities of the National Cultural Fund; b) designate the members of the evaluation and selection committee of tenders. (3) The members of the council are appointed for a period of 2 years, by order of the Minister of Culture and Religious Affairs, and are remunerated for the work done on the basis of civil conventions, concluded under the law. (4) The remuneration provided in par. (3) will not be able to exceed annually the amount of the monthly salary of the Director of (5) The members of the council may be reimbursed for their accommodation expenses. " 8. In Article I, point 13, Article 21 is amended and shall read as follows: "" Art. 21. -(1) The own incomes of the National Cultural Fund come from the following sources: a) a share of 5% of the proceeds made by economic operators from the sale of reproductions, copies or casts made, under the law, after movable cultural property in public property or by monuments or components of historical monuments in public property; b) a 5% share of the proceeds made by economic operators from the sale, through public auction, of mobile cultural goods; c) a share of 2% of the proceeds made by the real estate agencies from the sale of buildings historical monuments; d) a 20% share of the proceeds made by economic operators from the marketing of publications prohibited for sale to minors; e) a share of 20% of the proceeds obtained from the sale or rental of phonograms or videograms whose viewing is not recommended to minors, according to the law; f) a share of 3% of the receipts made by economic operators from the sale of calendars or postcards illustrated, posters, posters, sticker images or mixed prints, other than those provided in lett. a); g) a quota of 2% of the proceeds made by economic operators selling imported cultural goods; h) a share of 2% of the proceeds made by economic operators from the sale of folk art products; i) a share of 2% of the revenues made by economic operators who fully carry out their activity in the premises or on the public domain located in the protection space of historical monuments public property; j) a quota of 1% of the proceeds made by economic operators from the organization of fairgrounds and amusement parks; k) a share of 1% of the revenues made by economic operators operating in the field of artistic impresariate; l) a 10% share of the proceeds made by providing the voice services with erotic content by the economic operators in the telephone system that offer value-added services; m) quota art. 12 12 para. (1 ^ 1) of Government Ordinance no. 25/2006 on the strengthening of the administrative capacity of the Romanian Copyright Office, published in the Official Gazette of Romania, Part I, no. 84 of 30 January 2006, approved with amendments and additions by Law no. 364/2006 ; n) quota provided for in art. 26 26 para. (1 ^ 1) of Government Ordinance no. 25/2006 , approved with amendments and additions by Law no. 364/2006 ; o) a share of 3% of the general estimate of investments authorized to be made by economic operators for constructions located in the protection spaces of historical monuments public property; p) funds obtained in international collaboration; q) donations, related or other liberalities; r) sponsorships; s) interest related to availability in the budget of the National Cultural Fund; s) a share of 2% of the proceeds of the Romanian Lottery; t) other income acquired under the law. (2) The quotas referred to in par. ((1) lit. a)-l) apply to the total receipts made from the respective activities, from which the related VAT has been deducted, and shall be added to the amounts covered by the calculation base. (3) The incomes provided in par. (1) will be managed according to the law and will be used for the non-reimbursable financing of cultural programs, projects and actions, in accordance with the provisions of this ordinance. 9. In Article I, point 13, Article 22 shall be amended and shall read as follows: "" Art. 22. -(1) Amounts representing the quotas provided for in art. 21 is calculated monthly by the payers and is paid by them in the budget of the National Cultural Fund, until the 15th of the next month. ((2) The amounts representing the quota provided for in art. 21 21 para. ((1) lit. l) shall be retained and shed by the operators of the electronic communications networks by means of which the respective services have been provided, the amounts representing the quota provided for in art. 21 21 para. ((1) lit. m) is calculated and paid by the Union of Producers of Phonograms in Romania, and the amounts representing the quota provided for in art. 21 21 para. ((1) lit. n) is calculated and paid by the Romanian Copyright Office, until the 15th of the month following the month in which they were collected from the beneficiary. ((3) The procedure for determining, shedding and managing the amounts related to the quotas referred to in Article 21 21 para. (1) shall be regulated by methodological norms approved by order of the Minister of Culture and Religious Affairs, which shall be published in the Official Gazette of Romania, Part I. (4) The monthly declaration on the payment obligation to the National Cultural Fund and the payment order of the contribution will contain to the explanations and the code of the payment obligation, a code to be used by the tax administrations for the payer's sheet. " 10. in Article I, point 13, after paragraph 4 of Article 25, a new paragraph (5) is inserted, with the following contents: " (5) In order to constantly complete the databases held by the tax authorities, as well as the Administration and/or the devolved public services of the Ministry of Culture and Religious Affairs, the National Office of The Trade Register will make available to them, free of charge, the updated database, which contains the identification elements for the economic operators referred to in art. 21 21 para. ((1) lit. a)-l). " 11. in Article I, point 13, in Article 28, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) For the work done, the members of the selection committees and the members of the dispute resolution committees shall be remunerated, on the basis of civil conventions, concluded under the law." 12. in Article I, point 13, after Article 29, three new articles are inserted, Articles 29 ^ 1-29 ^ 3, with the following contents: "" Art. 29 29 ^ 1. --Provisions art. 4 4 para. (1) are also applicable in the case of: a) the programs, projects and cultural actions of the organized, carried out, financed in the country and abroad; b) programs, projects and cultural actions organized and carried out by public institutions subordinated to the financing authorities, in the country and abroad, financed by subsidies from the state budget or local budget, as the case may be; c) programs, projects or, as the case may be, cultural actions for which grants are granted in accordance with the provisions of art. 1 ^ 2 para. ((3) and (4); d) programs, projects and cultural actions for which grants are granted in accordance with the provisions of art. 29. Art. 29 ^ 2. -Contracts concluded by the financing authorities under the Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions, for the organization and conduct of its own cultural programs, projects and actions, will be executed with the proper application/observance of provisions of Article 6 6 para. ((2)-(7). Art. 29 ^ 3. -(1) For the conception, organization and realization of actions, projects and cultural programs, the financing authorities may conclude contracts with Romanian or foreign individuals, under the law. (2) For the persons referred to in par. (1), the organizing financing authority may also settle the transport, daytime and accommodation expenses, under the legal provisions in force. " 13. in Article I, point 13, a new Article shall be inserted after Article 30, Article 31, with the following contents: "" Art. 31. -The provisions of the normative acts related to the establishment of actions and categories of expenses, criteria, provisions and limits for making advance payments from public funds are not applicable to programs, projects and cultural actions financed under the present ordinance. '; 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. p. CHAMBER OF DEPUTIES PRESIDENT, EUGEN NICOLICEA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, October 21, 2008. No. 199. ---------