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Law No. 108 3 June 2010

Original Language Title:  LEGE nr. 108 din 3 iunie 2010

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LEGE no. 108 108 of 3 June 2010 on approval Government Emergency Ordinance no. 86/2007 to amend and supplement 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
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 379 379 of 8 June 2010



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 86 86 of 5 September 2007 to amend and supplement Government Ordinance no. 22/1999 on the administration of ports and waterways, as well as the conduct of shipping activities in ports and on waterways, published in the Official Gazette of Romania, Part I, no. 638 of 18 September 2007, with the following amendments and additions: 1. In Article I, point 4, Article 3 shall be amended and shall read as follows: "" Art. 3. -The provisions of this ordinance do not apply to military ships, ships from the Romanian Border Police, the Romanian Police and the National Customs Authority, military ports, as well as to the areas where they are carried out exclusively military activities, public order and national security. " 2. In Article I, point 5, paragraphs 1 and 2 of Article 4 shall be amended and shall read as follows: "" Art. 4. -(1) The Ministry of Transport and Infrastructure, hereinafter referred to as the Ministry, is the state authority in the field of naval transport which develops and coordinates the policy and development programmes of the shipping system and, as regulatory authority, develops and promotes normative acts and specific rules on the safety of navigation, administration, use and concession of shipping infrastructure, carrying out shipping activities in the national navigable ports and waters of Romania and ensure the fulfilment of the obligations of the state from the international agreements and conventions to which Romania is a party. (2) The Ministry shall carry out the tasks referred to in (1) directly or through the Directorate-General for Infrastructure and Shipping, hereinafter referred to as direction, or, by delegation of power, where appropriate, by public institutions, autonomous regions and national companies or companies located in the subordinate or under his authority. " 3. In Article I, paragraph 6, paragraph 2 of Article 5 shall be amended and shall read as follows: "(2) The administrations shall perform the function of port and/or inland waterway authorities, and, where appropriate, the position of administrator of the free zone." 4. In Article I, point 7, Article 6 is amended and shall read as follows: "" Art. 6. -The shipping infrastructure is made up of port infrastructure, national navigable waters, maritime safety or inland waterway safety zones, locks, defences and reinforcements of banks and robes, the access senals to ports, technological roads and railways along the ports of access to ports, regardless of the form of ownership. ' 5. In Article I, paragraph 8, paragraphs 1 and 2, and paragraph 2 of the letter a) of paragraph 3 of Article 7 shall be amended and shall read as follows: "" Art. 7. --(1) The ports are delimited areas of the national territory, situated at the waterfront or of an inland waterway, built and equipped so as to permit the reception and accommodation of ships, carrying out shipping activities provided in art. 19 19, as well as other regulated activities. (2) The port comprises the port infrastructure, namely the totality of the aquariums, land, hydrotechnical constructions for the mooring of ships and/or related ports, access tracks, radas, platforms, railways, roads technological, installations and equipment within its perimeter. ........................................................................... 2. ports whose infrastructure belongs to the public domain of administrative-territorial units; ". 6. In Article I, point 9, Article 8 shall be amended and shall read as follows: "" Art. 8. -List of ports, operating sites open to public access and their limits, and the list of items and operating sites outside them shall be established and approved by order of the Minister of Transport and infrastructure. " 7. In Article I, point 11, Article 11 shall be amended and shall read as follows: "" Art. 11. -(1) Constituent maritime safety zone or inland waterway safety zone strip of land, regardless of the form of land ownership, located along the seashore or inland waterway, on a width of 30 m measured from the water edge to the inside of the land. In the case of water with variable level, the water edge is considered the average water line. (2) In cases of public utility, on certain portions, by Government decision, other limits of the maritime safety zone or of the inland waterway safety zone may be decided. (. In ports, the maritime safety zone or the inland waterway safety zone shall coincide with the port enclosure. (4) The maritime safety zone or the inland waterway safety zone is intended to: a) the installation of the signs and navigation signals necessary for the safe navigation; b) access for surveillance and safety-related interventions; c) to ensure the visibility of the signs and signals of navigation and to carry out safe navigation; d) works to strengthen and protect inland waterways. " 8. in Article I, point 13, Article 13 shall be amended and shall read as follows: "" Art. 13. --(1) The plans for the construction of new ports open to public access, as well as the plans for the development or the total or partial change of the destination of the existing ones shall be approved/endorsed, as the case may be, by the Ministry, regardless of ownership of infrastructure. (2) The operation of goods and/or embarkation/disembarkation of persons in isolated points, other than those provided for in art. 7 7 para. ((3) lit. d) section 1, are made only with the opinion of the Romanian Naval Authority, on the one hand, and, on the other hand, of the Autonomous Regia "River Administration of the Lower Danube" Galati or of inland waterway administrations, depending on the areas of competence of these, as the case may be, and shall be approved by the Ministry, regardless of the form of ownership of the land on which that arrangement is made. 9. in Article I, point 14, Article 14 shall be amended and shall read as follows: "" Art. 14. -In the area of maritime safety or in the safety zone of inland waterways, regardless of the form of land ownership, investment, construction or installation works or installation of installations may be carried out only with the opinion prior to the Ministry. " 10. In Article I, paragraph 15, paragraphs 1 and 2 of Article 15 shall be amended and shall read as follows: "" Art. 15. -(1) In the maritime safety zone or in inland waterway safety zones, the administrations shall set up signs and signals of navigation, day and night, at the points required for the safety of navigation. For this purpose, administrations may request, according to the legal provisions, to carry out the deforestation necessary to maintain the visibility of the signs and navigation signals. ((2) Owners or, where appropriate, land managers located in the maritime safety zone or inland waterway safety zones are required to permit the installation of navigation signs and signals, to avoid shuttling. to them and to allow the access of persons carrying out operations to verify and repair them, to strengthen and protect inland waterways, as well as the machinery used in these operations. " 11. In Article I, point 16, Article 16 is amended and shall read as follows: "" Art. 16. --(1) Work in port aquariums or in the bed of inland waterways, extraction dragons and the like may be executed, under the law, with the opinion of the Romanian Naval Authority and those administrations, as well as with authorization of ministry (2) During the period of the works provided in par. (1), the executor has the obligation, in accordance with the requirements imposed by the Romanian Naval Authority and the respective administrations, to ensure the signage of the area and to keep it in operation at his expense. " 12. In Article I, paragraph 18, paragraph 2 of Article 17 ^ 1 is amended and shall read as follows: "" (2) The storage of goods, other products or waste on the canopy of shore defences, embankments on inland waterways, quays and access roads to ports shall be prohibited. " 13. In Article I, point 20, Article 19 shall be amended and shall read as follows: "" Art. 19. -(1) For the purposes of this ordinance, the shipping activities taking place in ports and inland waterways shall be classified as follows: a) transport of goods and/or persons with vessels, comprising: 1. public transport of persons and/or goods, carried out by legal or natural persons authorized under the law; 2. shipments of persons and/or goods to their own use, carried out by legal or physical persons authorized under the law, the goods transported being their property or the result of their activity, and the persons transported being their employees; 3. shipments of goods and/or persons for personal interest, on national navigable waters, carried out by individuals for the satisfaction of their own water transport requirements, for sport or leisure; b) activities related to shipping activities, which include: 1. safety services in ports and inland waterways, hereinafter referred to as safety services, such as: the piloting of seagoing vessels at the entrance and exit of ports, between the berths of the same port and inland waterway; and the manoeuvring of seagoing vessels in ports; 2. activities in connection with the operation of vessels, such as: loading/unloading of ships, storage, stacking, counting, sorting, marking, palletising, pachetizing, containerisation, bagging and other activities relating to goods, agenturation, cleaning of ships ' sheds, bunkering, cleaning and degas of ship tanks, linking of maritime and river-maritime vessels; c) activities ancillary to shipping activities, comprising: 1. activities regarding the maintenance and repair of the shipping infrastructure, coastal and floating signage for navigation, maintenance dredge for securing depths in ports and on inland waterways, assistance vessels for the operation of dangerous goods, the taking of residues and waste water from ships, the taking up of garbage and household debris from ships; 2. other activities, such as: execution of hydrotechnical constructions specific to shipping, works of divers made in inland waterway and ports, surveillance of uncrewed vessels, services for vessels of leisure and tourism, extraction dredging, water refurnization, electricity and heat energy, assistance, rescue and ranfluation of ships, ship repairs, ship supply. (2) The shipping activities that may be carried out only by authorized economic operators, as well as the manner and criteria of authorization shall be established by order of the Minister of Transport and Infrastructure. (3) The Romanian Naval Authority, the administrations, as well as the economic operators carrying out the respective activities in their own interest, except for the activities in connection with the operation of the vessels referred to in par. ((1) lit. b) section 2. (4) The loading/unloading activities, provided in par. ((1) lit. b) section 2, of the river vessels carrying goods on the inland waterways of Romania shall be carried out as follows: a) for the loading of goods from a Romanian port having as destination a port from a Member State of the European Union only vessels that are registered in a Member State of the European Union or possessing a certificate of membership of the fleet of a Member State; b) for the loading of goods from a Romanian port with a port in a state that is not a member of the European Union, can be used: -vessels which are registered in another Member State of the European Union or possessing a certificate of membership of the fleet of a Member State thereof; --vessels flying the flag of the State in whose territory the port of destination is located; -vessels possessing an authorization issued in accordance with the Romanian legislation on direct traffic between Romania and other states; c) for goods that have been loaded into a port belonging to a Member State of the European Union having as their destination a Romanian port, only ships that are registered in a Member State of the European Union or which possess a certificate of membership of the fleet of a Member State or vessels, irrespective of the flag, carrying goods to be transhipped in seagoing vessels. '; 14. In Article I, point 21, Article 20 shall be amended and shall read as follows: "" Art. 20. -(1) The activities referred to in art. 19 19 para. ((1) lit. c) section 1 1 shall be provided by administrations, directly or through economic operators, in accordance with the legislation in force and under the control of those administrations. (2) It is prohibited to port administrations from ports where port infrastructure belongs to the public domain or private domain, which belongs to the state majority or to administrative-territorial units, carrying out activities: a) provided in art. 19 19 para. ((1) lit. b) section 2 2; b) of extraction dredging; c) repair of ships with the exception of own vessels; d) the supply of ships, with the exception of own vessels 15. In Article I, paragraph 22, paragraphs 1 to 3 of Article 21 shall be amended and shall read as follows: "" Art. 21. -(1) Freight loading/unloading activities and passenger embarkation/disembarkation shall be carried out only at the ports, in the places and in the operating points approved in accordance with 8. (2) I take exception to the provisions of par. ((1): a) loading/unloading of goods intended for technological processes of industrial units, which may be carried out only in the annals of those establishments, provided that they prove that the goods are intended exclusively own technological processes; b) load/discharge in isolated points, for limited periods of time, of quantities and categories of goods, which for economic reasons cannot be operated in the ports, in the places and in the operating points provided in art. 8 8; c) loading/unloading of goods in the annals of industrial units where there are no adequate facilities at the ports in the area. ((3) Approval for the operations referred to in par. ((2) lit. a) and b) shall be granted by the ministry, by direction, and for the cases provided in lett. c), by the Romanian Naval Authority for each case, at the request of industrial units or freight operators. " 16. In Article I, paragraph 24, Article 22 shall be amended and shall read as follows: "" Art. 22. -The administrations provided for in art. 5 5 para. (2) may be public institutions, autonomous kings, national companies or commercial companies, subordinated or under the authority of the ministry or, as the case may be, the local public administration authorities. " 17. In Article I, paragraph 25, Article 23 shall be amended and shall read as follows: "" Art. 23. -(1) In ports where port infrastructure belongs to the public or private domain of the state, port administrations shall be established by Government decision. (2) At the ports where the port infrastructure belongs to the public or private domain of the administrative-territorial units, the port administrations shall be established by decisions of the local councils of the respective administrative-territorial units. (3) In ports where port infrastructure belongs to the private domain, other than that provided in par. ((1) and (2), the port administration is a legal person designated by the owner of the port infrastructure. (4) In the situations provided in par. ((2) and (3), the port administrations concerned shall operate only with the authorization of the Ministry. " 18. In Article I, point 26, Article 24 is amended and shall read as follows: "" Art. 24. -(1) The port administrations provided for in art. 23 mainly have the following tasks: a) to make port infrastructure available to all users, freely and indiscriminately; b) to repair, maintain and maintain the minimum technical characteristics of the port infrastructure; c) to pursue or ensure, as the case may be, the provision of the safety services provided for in 19 19 para. ((1) lit. b) section 1 1; d) ensure at all times the minimum depths in port basins and berths and signage on access senals and ports; e) to ensure widespread signage, activity for which they may charge tariffs; f) keep records of the port workers who carry out the specific activities provided for in art. 59 59 para. ((1) on the basis of individual employment contracts; g) allow access to the operating dons for loading/unloading operations only of river vessels that comply with the provisions of art. 19 19 para. ((4). (2) The administrations have the obligation to draw up port regulations, based on the framework regulation developed by the direction and approved by order of the Minister of Transport and Infrastructure. (3) In the development of port regulations administrations will consult with the competent institutions of the central public administration, with employers ' and professional associations, as well as with representative trade union federations that carry out activity in that port. (4) The port regulations will be endorsed from the point of view of the navigation safety of the Romanian Naval Authority. (5) The port regulations shall enter into force after their approval by the direction and their compliance is mandatory for all natural and legal persons operating in that port. ((6) The administration and enforcement of port regulations shall be pursued by administrations. " 19. in Article I, paragraph 27, paragraphs 2 and 4 of Article 25 shall be amended and shall read as follows: " (2) The administrations provided in par. ((1) may be organized as public institutions, autonomous kings, national companies or commercial companies subordinated or under the authority of the ministry or local public administration authorities, as the case may be. ........................................................................... (4) If an inland waterway or a sector thereof belongs to the public domain of an administrative-territorial unit or to several administrative-territorial units, a single Government decision shall be established inland waterway administration which has the powers provided for in art. 26 26 para. ((1). ' 20. Article I (27) (5) of Article 25 shall be repealed. 21. In Article I, point 28, Article 26 shall be amended and shall read as follows: "" Art. 26. -(1) Inland waterway administrations shall have the following tasks: a) make the inland waterway infrastructure available to all users in a non-discriminatory manner; b) to ensure the repair and maintenance of inland waterway infrastructure; c) ensure minimum navigational depth at the level of the officially communicated values; d) ensure the necessary coastal and floating signage; e) to provide or provide the safety services provided for in art. 19 19 para. ((1) lit. b) section 1. (2) By delegation of competence, under the law, administrations may also carry out some obligations incumbent on the state from the international agreements and conventions to which Romania is a party. (3) In order to carry out the activities aimed at carrying out the obligations of the state from the international agreements and conventions to which Romania is a party, the administrations receive funds from the state budget, through the budget the Ministry or through the local budgets of the administrative-territorial units, as appropriate. " 22. In Article I, paragraph 29, paragraphs 1 and 2 of Article 26 ^ 1 shall be amended and shall read as follows: "" Art. 26 26 ^ 1. -(1) The administrations of inland waterways and waterways shall determine annually: a) the maintenance and repair program; b) the signalling programme; c) the dredging program to ensure minimum depths, in consultation with port operators; d) the investment program. (2) The programs provided in par. (1) shall be drawn up by the port and inland waterway administrations and shall be approved by the Management Board in the case of administrations subordinated or under the authority of the Ministry, and in the case of those under or under the authority of local public administration authorities, shall be approved by the local council. " 23. Article I, point 30, paragraph 2 of Article 27 shall be repealed. 24. In Article I, paragraph 31, the title of Chapter IV ^ 1 is amended and shall read as follows: "" CHAPTER IV ^ 1 Use of public transport infrastructures belonging to the public domain " 25. In Article I, point 32, Article 27 ^ 1 is amended and shall read as follows: "" Art. 27 27 ^ 1. -Naval transport infrastructure provided for in art. 6, which is part of the public domain, except for national navigable waters, may be leased, subconcessioned, rented or given in administration, as the case may be, under the law. " 26. In Article I, point 32, Article 27 ^ 2 is amended and shall read as follows: "" Art. 27 27 ^ 2. -(1) The shipping infrastructure provided for in art. 27 ^ 1 can be: a) the date of administration of port and/or inland waterway administrations, organised as public institutions or autonomous kings; b) the date of administration of local public administration authorities; c) concession to port and/or inland waterway administrations, organized as commercial companies or national companies subordinated or under the authority of the ministry, respectively of the local public administration authorities, after Case. (2) The concession of the shipping infrastructure under the provisions of par. ((1) lit. c) and art. 27 ^ 1 is made on the basis of concession contract concluded between the ministry, namely the local public administration authorities, as concedents, and the respective administrations, as concessionaires. (3) Titulation of concession, subconcession or lease contracts shall not be entitled to assign, in whole or in part, these contracts without the written consent of the Ministry of Transport and Infrastructure, which is opposable to the administrations. ((4) Administrations may be associated with economic operators for the common use of shipping infrastructures, by concluding association contracts, under the law. (5) For the use of the concession and under-concession transport infrastructure, the users will pay a fee, the level of which is determined by the corresponding contracts. The level of the fee shall be calculated on the basis of the revenue obtained by making the shipping infrastructure available to users. (6) The administrations will pay the concedents a fee calculated on the basis of the revenues obtained by making available to users the infrastructure received in the concession. (7) If the shipping infrastructure belongs to the public domain of the administrative-territorial units, all the revenues obtained from the use of the infrastructure will be used to cover the expenses of development, operation, maintenance and repair of that infrastructure. (8) If the income obtained from the use of the infrastructure referred to in par. (7) are not sufficient to cover the expenses of development, operation, maintenance and repair of the respective infrastructure, the local public administration authorities are obliged to ensure the coverage of these expenses from their own budgets. (9) Annual revenue and expenditure budgets of the administrations referred to in par. (6) shall be endorsed by the Ministry. " 27. In Article I, point 32, Article 27 ^ 4 is amended and shall read as follows: "" Art. 27 27 ^ 4. -(1) The specifications of the concession shall be drawn up by the concedents, and in the case of the subconcession provided in art. 27 ^ 1 and art. 27 ^ 3 para. (1) they shall be drawn up by the concessionaires referred to in art. 27 ^ 2 para. ((2) and shall be approved by the Ministry or local public administration authorities, as the case may be. (. Specifications shall necessarily include at least: a) the purpose/destination/activities for which the respective infrastructure is leased/subconcessioned; b) the amount of the royalty c) measures to protect the environment; d) the minimum volume of annual cargo to be operated in/from the vessels by the berths of that infrastructure; e) the amounts with which it will be reduced, respectively the royalty will be increased, if the volume of goods operated in the annies related to that infrastructure is higher, respectively lower, than the minimum volume of goods established by the specifications; f) the regime of goods made through the investment programs on the concession/subconcessioned shipping infrastructure at the termination of the concession/subconcession contract. " 28. In Article I, point 32, Article 27 ^ 5 is amended and shall read as follows: "" Art. 27 27 ^ 5. -The criteria for the award of concession/subconcession contracts will be: a) royalty value; b) the program and the amount of investments that the bidder proposes to carry out during the contract; c) the minimum volume of goods to be operated annually in/from the vessels by the berths of the concession/subconcession infrastructure, as applicable; d) the program and the value of investments for environmental protection measures, as appropriate. " 29. In Article I, point 32, Article 27 ^ 6 is amended and shall read as follows: "" Art. 27 27 ^ 6. -The concession/subconcession contracts shall include at least: a) the period for which the infrastructure is leased/underleased. If the winning offer was provided for the investment programs, the period of the contract shall be determined taking into account the value and the depreciation period of the investment. The period of the subconcession contract cannot exceed the period for which the concessionaire referred to in art. 27 ^ 2 para. (2) received in the concession that infrastructure. If the winning offer is not provided for the performance of appropriate investment programs, the period of the contract may not exceed 5 years; b) the amount of the fee established c) the payment of the fee; d) the program and value of investments, as well as the execution schedule e) the minimum volume of goods provided for in the offer to be operated annually in/from ships through the infrastructure-related berths, as applicable; f) the percentage of growth, respectively the decrease in the volume of goods referred to in lett. e), for which a percentage of decrease is applied, namely the increase of the royalty provided in lett. b); g) the program and the value of investments on environmental protection and the execution schedule, as appropriate; h) the condition of unilateral termination by the concedent without prior notice in case of non-compliance with the execution schedule of the investment program provided in lett. d), if the modification of the chart was not approved by the respective concedent, and the causes of non-compliance with the chart are attributable to the economic operator, or in the case of non-payment of the royalty for a period of 3 consecutive months, due to imputable causes economic operator; i) the regime of goods made by the investment program on the concession/subconcessioned shipping infrastructure at the termination of the concession/subconcession contract. " 30. In Article I, point 32, Article 27 ^ 7 is amended and shall read as follows: "" Art. 27 27 ^ 7. -The rental of the shipping infrastructure is made in accordance with the regulation approved by order of the Minister of Transport and Infrastructure, respectively by decision of the local public administration authority, as the case may be. The regulation establishes the categories of infrastructure that can be rented, the way they are awarded, the rental framework contract and the minimum requirements according to it. " 31. In Article I, point 32, Article 27 ^ 9 is amended and shall read as follows: "" Art. 27 27 ^ 9. -(1) The tariffs provided for in the service contracts, charged for the use of the shipping infrastructure in accordance with the provisions of art. 27 ^ 8, as well as tariffs for other activities and services provided by administrations shall be established by administrations, in a non-discriminatory manner. ((2) The establishment of tariffs shall be based on rules of substantiation drawn up by the administrations. " 32. In Article I, point 32, Article 27 ^ 11 is amended and shall read as follows: "" Art. 27 ^ 11. -The provisions of this Chapter shall be supplemented by the corresponding provisions of the specific legislation in force. 33. in Article I, paragraph 35, a new paragraph (2) is inserted in Article 30, with the following contents: " (2) The management bodies of the administrations will include representatives of the ministry and, as the case may be, of the shareholders, and if the port infrastructure is administered by the local public administration authorities, and the representatives to them, if by law it is not provided otherwise. " 34. In Article I, paragraph 36, Article 32 shall be amended and shall read as follows: "" Art. 32. -(1) The administrations allocate the berths in which the vessels are to dock and operate, establish the order of entry for ships entering the port, endorse the pilot or manoeuvre bulletin, as the case may be, and give the port acceptance. (2) The Romanian Naval Authority, through the port capitanies, issues the mooring permit on the basis of the port acceptance given by the administration. ((3) The allocation of the Danes and the order of entry into the port shall be determined according to the requests of the economic operators carrying out loading/unloading activities and boarding/disembarkation Economic operators whose superstructure elements are located in those parts or to whom traffic/performance conditions have been imposed at the conclusion of rental/concession/subconcession contracts have priority in these allocations. " 35. In Article I, paragraph 37, Article 33 shall be amended and shall read as follows: "" Art. 33. -The administrations shall pursue and take the necessary measures to ensure that the traffic of goods at the port and their storage and, in particular, of dangerous goods do not affect the safety and security of port infrastructure and the operation of ships. " 36. In Article I, paragraph 40, Article 41 shall be amended and shall read as follows: "" Art. 41. -(1) The safety services are carried out under state control, through the ministry. (2) Safety services shall be regarded as the pilotage of maritime vessels at the entry and exit of ports, between the berths of the same port and inland waterway, and the manoeuvre of seagoing vessels in ports. " 37. In Article I, after paragraph 40, a new point is inserted, paragraph 40 ^ 1, with the following contents: "" 40 ^ 1. Article 43 is amended and shall read as follows: "" Art. 43. -The Ministry shall establish the ports, inland waterways, zones or portions of these areas, and the categories of vessels, for which the pilot service is compulsory. ' " 38. In Article I, paragraph 42, Article 50 ^ 1 is amended and shall read as follows: "" Art. 50 50 ^ 1. -(1) The pilotage of maritime vessels in ports where the obligation to perform this service has been established shall be ensured by the port administrations: a) through the body of pilots belonging to the b) through specialized economic operators, authorized in accordance with the provisions of art. 19 19 para. ((2), on the basis of a contract concluded in a non-discriminatory manner between the administration and the respective economic operators; c) by conceding the pilot service, under the law, by the administration to specialized economic operators, authorized in accordance with the provisions of art. 19 19 para. ((2). (2) If at the ports provided in par. (1) there is no authorized economic operator who can carry out the scheduled pilot service or in the situation of the impossibility of carrying out, for objective reasons, the concession contracts concluded, the provision of these services will be provided by to administrations and by economic operators authorized according to the provisions of art. 19 19 para. (2), on the basis of contracts awarded under the law. (3) If the pilotage is carried out by authorized economic operators, they shall communicate to the administrations the pilot rates and the facilities granted. ((4) The administrations shall make public the list of authorized economic operators with whom they have concluded contracts for pilotage, the tariffs charged and the facilities granted by them. (5) For the use of port infrastructure, economic operators referred to in par. ((1) pay a rate set by the administration. ((6) The way of carrying out the pilot service of maritime vessels shall be approved by order of the Minister of Transport and Infrastructure. " 39. In Article I, paragraph 42, Article 50 ^ 2 is amended and shall read as follows: "" Art. 50 50 ^ 2. -(1) The pilotage of the maritime vessels on the Danube sector between the river port of Sulina and Braila is carried out in accordance with the provisions of this ordinance and the provisions of the Convention on the Danube navigation regime, signed in Belgrade 18 August 1948, ratified by Romania by Decree no. 298/1948 . (2) The pilot rates for the pilotage of the maritime vessels referred to in par. (1) are proposed by the Autonomous Regia "River Administration of the Lower Danube" Galati and approved by order of the Minister of Transport and Infrastructure. (3) Pilotage of maritime vessels referred to in par. (1), as well as the arrival and departure maneuvers from the ports of Sulina, Tulcea, Galati and Braila shall be ensured by the Autonomous Regia "River Administration of the Lower Danube" Galati: a) through the body of the pilots; b) through pilots authorized by the Autonomous Regia "River Administration of the Lower Danube" Galati, on the basis of service contract concluded on the basis of the criteria imposed by the framework contract by the Autonomous Regia " The Lower Danube " Galati with those pilots as individuals or as authorized economic operators under the conditions of art. 19 19 para. ((2); c) by conceding the pilot service, under the law, to the authorized operators in accordance with the provisions of art. 19 19 para. ((2). (4) The way of conducting the pilot service provided in par. (1) is approved by order of the Minister of Transport and Infrastructure. (5) In the cases provided in par. (3), pilots, individuals or authorized economic operators, are obliged to pay a tariff for the use of the infrastructure established by the Autonomous Regia "River Administration of the Lower Danube" Galati. (6) Manages and pilotage of maritime vessels in the ports of Sulina, Tulcea, Galati and Braila, except for those provided in par. (3), shall be carried out by the port administrations in accordance with the provisions of art. 50 50 ^ 1. " 40. In Article I, paragraph 42, Article 50 ^ 3 is amended and shall read as follows: "" Art. 50 50 ^ 3. -(1) The remission of seagoing vessels in ports provided for in art. 19 19 para. ((1) lit. b) section 1 1 shall be ensured by the port administrations: a) directly, with the administration's own tugs and personnel; b) through specialized economic operators, authorized according to the provisions of art. 19 19 para. ((2), on the basis of a contract concluded in a non-discriminatory manner between the administration and those economic operators, on the basis of the criteria imposed by the framework contract; c) by conceding the towing service by the administration, under the law, to specialized economic operators, authorized according to the provisions of art. 19 19 para. ((2). (2) If at the ports provided in par. ((1) there is no authorized economic operator to carry out the manoeuvre services, the provision of this service will be provided by the administrations, by their own tugs and personnel. In case of impossibility of carrying out, for objective reasons, the concession contracts concluded, the provision of the service will be provided by economic operators authorized according to the provisions of art. 19 19 para. (2), on the basis of contracts awarded under the law. ((. Where the towing service of the seagoing vessels is carried out by authorised economic operators, they shall communicate to the port administrations the rates charged and the facilities granted. (4) The administrations shall make public the list of authorized economic operators with whom it has concluded contracts in accordance with par. (1), the tariffs charged and the facilities granted by them, provided in par. ((3). (5) For the use of infrastructure, economic operators referred to in par. (1) have the obligation to pay the administration a tariff for the use of the port infrastructure established by it, under the conditions of art. 27 27 ^ 9. (6) The way of carrying out the towing service provided in par. (1) is approved by order of the Minister of Transport and Infrastructure. " 41. In Article I, paragraph 42, Article 50 ^ 4 shall be repealed. 42. Article I, point 42, Article 50 ^ 5 shall be repealed. 43. In Article I, point 50, Article 61 shall be amended and shall read as follows: "" Art. 61. -(1) Port workers operate in the port only if they are registered and if they hold a working card. (2) Port administrations shall record each port worker on the basis of a written request from the agency referred to in art. 63 ^ 1 or of the employer with whom the port worker has a employment contract registered with the territorial labour inspectorate. (3) Employers referred to in par. ((2) are economic operators who carry out specific port work and are authorised to do so. (4) The methodology for issuing work books in port and registration of port workers is approved by order of the Minister of Transport and Infrastructure. (5) In order to issue the work card at the port, the rates set by the administrations are (6) The issued working card is valid only at that port, during the period during which the port worker has concluded an individual employment contract with the economic operator who has applied for his registration or for the period during which he is enrolled in the agency established according to art. 63 63 ^ 1. ((7) In case of termination of the individual employment contract or withdrawal from the agency referred to in art. 63 ^ 1, the economic operator or the agency is obliged to notify the administration in writing and to hand over the working card of that port worker. (8) The working hours handed over shall be kept by the administrations. (9) If the port worker referred to in par. ((7) conclude an individual employment contract with another economic operator operating in that port, the administration will issue the work card, upon request, to the new employer. " 44. In Article I, paragraph 51, Article 62 shall be amended and shall read as follows: "" Art. 62. -(1) Economic operators are obliged to register with administrations the port workers with whom they have concluded individual employment contracts, in accordance with the provisions of art. 61 61 para. ((2). (2) Economic operators referred to in art. 61 61 para. ((3) are obliged to use only port workers with whom they have concluded individual employment contracts for an indefinite or determined period, if they: a) are registered with administrations; and b) possess the working card. " 45. In Article I, after paragraph 52, a new point is inserted, paragraph 52 ^ 1, with the following contents: "" 52 ^ 1. After Article 63, a new article is inserted, Article 63 ^ 1, with the following contents: "" Art. 63 63 ^ 1. -(1) In order to ensure the supply of spare port labor and to optimize its use according to the port traffic variation, an employment and training agency is established in the ports of Constanta, Midia and Mangalia. professional of port workers, hereinafter referred to as the Agency. The Agency is a professional association and registers and operates according to the Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions. (2) The Agency shall be composed of representatives of economic operators and/or their organizations, as well as of the trade union federation of port workers with the highest number of contributing members from the ports of Constanta, Midia and Mangalia. "" 46. In Article I, after point 52 ^ 1, two new points are inserted, paragraphs 52 ^ 2 and 52 ^ 3, with the following contents: "" 52 ^ 2. Article 64 is amended and shall read as follows: "" Art. 64. -(1) The Agency mainly has the following tasks: a) prepare the reserve port workforce development program, depending on the dynamics of the port activity; b) keep records of the reserve port workers within the agency employed with individual employment contracts; c) manage the reserve workforce, in order to ensure a balance between supply and demand, at the level of that port; d) keep the work books for the reserve workers; e) ensure the supply of port workers from the reserve workforce, at the request of economic operators; f) carry out activities of qualification, improvement, polyalification and professional retraining of port workers, at their request or of employers, on the basis of contract; g) collaborate with the port administration, with the authority of the local public administration or with other authority institutions, to solve specific problems targeting the reserve workforce, as well as to solve the deficiencies reported aiming at the use of labour from ports; h) act to ensure a minimum income for the reserve port workers for the period when they cannot be provided with work for reasons not attributable to them; i) seeks that economic operators do not use port workers except under the conditions established by this ordinance. (2) Provide the reserve workforce according to par. ((1) lit. e) is performed on the basis of contract concluded between the economic operator and the agency. (3) The regulatory framework for the organization and functioning of the Agency shall be approved by order of the Minister of Labour, Family and Social Protection. " 52 52 ^ 3. Article 65 is amended and shall read as follows: "" Art. 65. -(1) The revenue sources of the Agency are as follows: a) monthly contributions of port workers enrolled at the agency; b) monthly contributions of the associates for the establishment of the fund for the payment of allowances to reserve personnel; c) contributions of economic operators, in the amount of 0,05 lei/ton handled or 0.1 lei/container of 20 ' (TEU) paid monthly; d) contributions from the National Employment Agency for qualification programs, improvement, retraining and polyalification of port workers, under the law; e) income from the activities for which it was authorized, in accordance with the legal provisions; f) other income from donations; g) the income received by the agency from the contracts concluded according to art. 64 64 para. ((1) lit. f); h) other sources provided by Government Ordinance no. 26/2000 , approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions. ((. The contributions of the port workers to the Agency shall be fixed annually by the general meeting of the members of the Agency. "" 47. in Article I, paragraph 53, points a), c) and d) of Article 66 shall be amended and shall read as follows: " a) the construction of a port in national navigable waters without the appropriate opinions and authorisations; ........................................................................... c) execution of works for the development of ports whose land belongs to the public domain without the corresponding opinions and authorizations; d) execution of works to modify the existing port infrastructure without the appropriate notices and authorizations; ". 48. In Article I, paragraph 53, after the letter g) of Article 66, a new letter, letter g ^ 1) is inserted, with the following contents: " g ^ 1) load/discharge of a river ship with non-compliance with the provisions of art. 19 19 para. ((4); '. 49. In Article I, paragraph 53, letter t) of Article 66 shall be amended and shall read as follows: "t) the use of unregistered port workers at administrations and/or without work card;". 50. in Article I, paragraph 53, after letter v) of Article 66, seven new letters, letters w), x), y), z), aa), ab) and needle shall be inserted, with the following contents: " w) the provision by individuals of activities in connection with the loading/unloading of ships, without being registered with the Agency and without having a working record; x) non-compliance with 16 16 para. ((2); y) non-compliance with 20 20 para. ((2); z) non-compliance with 51 51; aa) non-compliance with 54 54 para. ((2); ab) non-compliance with 55 55; ac) violation by economic operators of the provisions of art. 62 62. " 51. In Article I, paragraph 54, Article 67 shall be amended and shall read as follows: "" Art. 67. -(1) Contraventions provided in art. 66 66 shall be sanctioned as follows: a) with a fine of 500 lei to 1,000 lei, for the facts provided in art. 66 lit. i), v), aa) and ab); b) with a fine of 1,000 lei to 5,000 lei, for the facts provided in art. 66 lit. h), p) and u); c) with a fine of 5,000 lei to 10,000 lei, for the facts provided in art. 66 lit. g), o), r), s), t), w) and ac); d) with a fine of 10,000 lei to 30,000 lei, for the facts provided in art. 66 lit. d), e), f), g ^ 1), j), l), m) and n); e) by way of derogation from provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, with a fine of 100,000 lei to 500,000 lei, for the facts provided in art. 66 lit. a), b), c), k), x), y) and z). (2) The opinions and authorisations issued without complying with the procedures provided for by this ordinance and the legislation in force shall be struck by nullity. ((3) Any investment made without obtaining opinions and authorizations in accordance with the procedures provided for by this ordinance and the legislation in force, as well as investments made without complying with the legal regulations in force shall be abolish at the expense of the investment owner 52. In Article I, paragraph 55, Article 68 shall be amended and shall read as follows: "" Art. 68. -The finding of contraventions and the application of sanctions shall be made by persons empowered by the Ministry, the Romanian Naval Authority, administrations or local public administration authorities, as follows: a) by the persons empowered by the ministry, in the case of the facts provided in art. 66 lit. a), c) and y); b) by persons empowered by the Romanian Naval Authority, in the case of the facts provided in art. 66 lit. b), d), e), f), g), g ^ 1), j), k), l), m), n), o), p), r), z), aa) and ab); c) by persons empowered by the authority of the competent local public administration, in the case of the deed provided in art. 66 lit. c); d) by persons empowered by administrations, in the case of the facts provided in art. 66 lit. h), s), s), t), u), v), w), x) and ac). ' 53. In Article I, paragraph 56, Article 69 shall be amended and shall read as follows: "" Art. 69. -Against the minutes of finding the contravention and the application of the sanction can be made a complaint within 15 days from the date of delivery or communication thereof, according to the legal regulations in force. " 54. In Article II, paragraph 1 shall be amended and shall read as follows: "" Art. II. -(1) The concession contracts of the safety services concluded between the Ministry of Transport and Infrastructure and economic operators before the entry into force of this emergency ordinance remain in force until the expiry date. " 55. In Article II, after paragraph 4, two new paragraphs are inserted, paragraphs 4 ^ 1 and 4 ^ 2, with the following contents: " (4 ^ 1) Contracts provided in par. (3) may be transformed into subconcession contracts, within the same expiry date, at the request of the respective economic operators, under the law. ((4 ^ 2) Association contracts provided for in art. 27 ^ 2 para. (4) of Government Ordinance no. 22/1999 on the administration of ports and waterways, the use of public transport infrastructure, as well as the carrying out of shipping activities in ports and inland waterways, republished, with subsequent amendments and completions, can be transformed into rental/subconcession contracts, at the request of economic operators, under the law. " 56. In Article II, paragraphs 5 and 6 shall be amended and shall read as follows: " (5) Where superstructure elements are built on port land, such as platforms, sheds, warehouses and the like, which are legally used by economic operators, and for the related land are not concluded rental or subconcession contracts between economic operators and administrations, they are obliged to conclude with those administrations tenancy or subconcession contracts of the respective port land, which will comprise at least the conditions provided in art. 27 27 ^ 7 and the art. 27 ^ 6 of Government Ordinance no. 22/1999 , republished, with subsequent amendments and completions. (6) The value of the rent/royalty to be provided in the contracts for the rental/subconcession of the port land that will be concluded in accordance with par. (5), combined with the value of the rent for the use of the respective superstructure elements, will not exceed the cumulative value of the amounts that the economic operators paid before the conclusion of the tenancy/subconcession contracts of the land port. " 57. in Article II, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: "" (6 ^ 1) If the superstructure elements belong to the economic operators, the value of the rent/royalty established in the tenancy/subconcession contracts of the port land that will be concluded in accordance with the provisions of par. (5) will have the same value, for the same category of land, with the rent/royalty established in the contracts provided in par. ((6). ' 58. In Article II, paragraph 8 shall be amended and shall read as follows: " (8) If economic operators refuse to conclude rental/subconcession contracts, in accordance with the provisions of par. ((5), they can no longer use the port land and the other port infrastructure elements belonging to the public domain, following that any rental/subconcession contracts they would have concluded with the administrations, relating to at the superstructure belonging to them, to terminate. The situation of superstructure belonging to economic operators will be solved on a case-by-case basis, under the law. " + Article II On the date of entry into force of this Law, from the Annexes no. 5 5 and 6 to Government Emergency Ordinance no. 107/2002 on the establishment of the National Administration "Romanian Waters", published in the Official Gazette of Romania, Part I, no. 691 of 20 September 2002, approved with amendments by Law no. 404/2003 , with subsequent amendments and completions, the phrase "ship-hatching services on navigable channels" is deleted. + Article III On the date of entry into force of this Law, the Government Ordinance no. 131/2000 on the establishment of measures to facilitate the exploitation of ports, republished in the Official Gazette of Romania, Part I, no. 750 of 15 October 2002, as amended. 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, June 3, 2010. No. 108. --------