Advanced Search

Law No. 199 From November 1, 2012 For The Approval Of The Government Emergency Ordinance Nr. 82/2011 Measures Of Organisation Of Activity Of Reclamation

Original Language Title:  LEGE nr. 199 din 1 noiembrie 2012 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 82/2011 privind unele măsuri de organizare a activităţii de îmbunătăţiri funciare

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 199 199 of 1 November 2012 for approval Government Emergency Ordinance no. 82/2011 on some measures to organise the work of land improvements
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 766 766 of 14 November 2012



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 82 82 of 29 September 2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 694 of 30 September 2011, with the following amendments and additions: 1. In Article 1, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The Agency has in its structure a central unit and territorial branches without legal personality, which may have in the composition of management units organized at the level of land improvement facilities or of the Land improvements. The government can approve, at the proposal of the Ministry of Agriculture and Rural Development, that territorial branches have legal personality. (4) The maximum number of posts of the Agency and territorial branches shall be 1,500. " 2. in Article 1, after paragraph 6, a new paragraph (7) is inserted, with the following contents: "(7) The number of territorial branches, their territorial competence and functional relations with the Agency shall be established by the Agency's rules of organization and functioning." 3. In Article 2, paragraph 1 shall be amended and shall read as follows: "" Art. 2. -(1) The activity of each territorial branch shall be supervised by a branch council and the activity of each management unit shall be supervised by a management unit board. " 4. In Article 5, letter m) is amended and shall read as follows: "m) coordinate and methodologically guide the quality technical control of the operation, maintenance and repairs of land improvement facilities, carried out by territorial branches;" 5. In Article 6, paragraph 1 shall be amended and shall read as follows: "" Art. 6. -(1) The Agency operates, manages, maintains and repairs the land improvement facilities in the public or private domain of the state declared by the public utility and those provided for in art. 39 39 para. (6) of the Land Improvement Law no. 138/2004 , republished, with subsequent amendments and completions. " 6. Article 7 is amended and shall read as follows: "" Art. 7. -(1) Beneficiaries of land held on the basis of a valid title of property or use in land improvement facilities or outside them, which directly or indirectly benefit from land improvement works, are obliged to paid to the Agency a land improvement tariff, hereinafter referred to as the IF tariff, corresponding to the following components/categories of works: a) administration of irrigation facilities; b) the administration, operation, maintenance and repair of facilities for the discharge of water by pumping; c) administration, operation, maintenance and repair of desecation facilities with gravity discharge of water; d) administration, maintenance and repair of works to combat soil erosion. The IF tariff is calculated and paid distinctly for each of the 4 components/categories of works. (2) By decision of the Government, at the proposal of the Ministry of Agriculture and Rural Development, with the opinion of the Competition Council, the calculation and collection method, as well as the payment deadlines related to the IF tariff, are approved. (3) The amount of the IF tariff is approved annually by the Agency, until August 31 of each year for the following year, and shall be published in the Official Gazette of Romania, Part IV. (4) The amount of the IF tariff for 2013 shall be submitted for publication in the Official Gazette of Romania, Part IV, within 5 days of approval. (5) The balance of the IF tariff not used at the end of the year shall be distinguished in a separate account, carried over to the following year and used with the same destination. (6) The Ministry of Agriculture and Rural Development and the Agency shall proceed to compensate the debits, representing the IF tariff, found by the Agency, with the amounts due to the beneficiaries provided in par. (1) as financial support of agriculture by the state, provided annually with this destination in the budget of the Ministry of Agriculture and Rural Development and having as source of financing exclusively the state budget. (7) The method of compensation is established by the Government decision provided in par. ((2). ' 7. In Article 10, paragraph 1 shall be amended and shall read as follows: "" Art. 10. -(1) In order to carry out its tasks, the Agency shall contract with third parties the elaboration of studies, the provision of design services, the execution of construction, operation, maintenance and repair works, including the purchase or lease the equipment necessary to carry out its activities, as well as intervention equipment to deal with emergency situations, including for the current maintenance work in public utility land improvement facilities, with compliance with public procurement legislation. " 8. In Article 10, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Current operating and maintenance services provided in par. ((1) may also be carried out with the Agency's own staff. " 9. In Article 11, letter a) is amended and shall read as follows: "" a) the IF tariff and rates charged to beneficiaries of land improvement activities; ' 10. In Article 12, after letter k) a new letter, letter k ^ 1) is inserted, with the following contents: "k ^ 1) the removal from service of works in land improvement facilities or fitting parts to which public utility recognition has been withdrawn;" 11. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) The management of the Agency shall be provided by a management board composed of 7 members, which shall carry out its activity according to the organization and functioning of the Agency. (2) The President of the Governing Board and its members shall be appointed and revoked by order of the Minister of Agriculture and Rural Development. (3) The composition, duties and powers of the governing board are laid down in the Agency's organization and functioning regulations. (. The Governing Board shall appoint a Secretary, who shall not be a member thereof. (5) The members of the governing board are not employees of the Agency (6) The members of the governing board shall be appointed, on a proposal from the authorities of which they belong, by order of the Minister, for a period of 5 years, except for those nominated by the Ministry of Agriculture and Rural Development, who will be members of to the management board while holding the position in the ministry. (7) Members of the Governing Board and its Secretary shall receive a meeting allowance, which shall be paid from the Agency's own revenue. The amount of the meeting allowance is approved by order of the Minister, at the proposal of the governing council, and will be up to 20% of the general manager's salary. (8) The management of the current activity of the Agency shall be ensured by the Director-General, assisted by a Deputy Director-General, appointed by order of the Minister of Agriculture and Rural Development at the proposal of (9) The salary rights of the Director-General and the Deputy Director-General shall be established in the order of appointment, in compliance with the legal provisions in the field of salaries of the personnel of the (10) The Director-General of the Agency shall be the tertiary authorising officer. (11) The tasks of the Director-General shall be established by the Agency's Organization and Functioning Regulation (12) The current activity of territorial branches is headed by directors, appointed by decision of the Director General, following the promotion of the organized competition, according to the law. (13) The staff of the Agency shall be employed on the basis of an individual employment contract and shall be paid according to the legal regulations applicable to the staff paid from public funds 12. In Article 17, paragraph 2 shall be amended and shall read as follows: " (2) The amount of tariffs, established under competitive conditions, for the services of operation, maintenance and repair of this infrastructure, other than those provided in par. ((1), shall be approved by the Director-General of the Agency. " 13. In Article 19, a new point shall be inserted after point 1, point 1 ^ 1, with the following contents: "" 1 ^ 1. Article 25 will read as follows: "" Art. 25. -(1) The dissolution, liquidation and distribution of the remaining assets following the dissolution, as well as the reorganization of organizations and federations and the modification of their status shall be made according to the methodological norms for the application of this law, with the opinion The Office of Regulation. (2) In case of dissolution of the organization or federation, the goods obtained according to art. 27 and those purchased or edified from public money and left behind the liquidation will be distributed by the liquidator to the Agency, based on the minutes of delivery-takeover. The date of transmission of the goods is that of the preparation of the minutes of takeover-takeover. ((3) The remaining assets remaining in the patrimony of the organization or federation will be distributed according to art. 60 of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 ,, as amended and supplemented. "" 14. In Article 19, after point 5, two new points are inserted, points 5 ^ 1 and 5 ^ 2, with the following contents: "" 5 ^ 1. In Annex no. 1, the seventh position shall read as follows: " Land improvement arrangement declared by public utility-a land improvement arrangement in the public or private domain of the state, which is exploited, maintained and repaired by the Agency, in accordance with the provisions art. 6 of Government Emergency Ordinance no. 82/2011 on some measures to organize the work of land improvements. " 5 5 ^ 2. In Annex no. 2, point 2 will read as follows: "" Two. The goods in the desecation and drainage facilities, consisting of the channels to the gravity dissecting and pumping works, including the pumping stations related to them. "" 15. In Article 19, point 7 is amended and shall read as follows: "" Seven. Throughout the law, as well as in the normative acts in force, the phrase "territorial branch/territorial branches" is replaced by the phrase "territorial branch/territorial branches", as the case may be, and the phrase "Administration/Administration" is replace with the phrase "Agentia/Agency", as the case may be. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, November 1, 2012. No. 199. _________