LAW no. 51 of 8 March 2006 (republished ** **) (* updated *)
public utilities services (updated on December 12, 2015 *)
Issued
PARLIAMENT
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**) Republished under art. III of Government Emergency Ordinance no. 13/2008 amending and supplementing Law no public utilities services. Law 51/2006 and service of water supply and sewerage no. 241/2006 published in the Official Gazette of Romania, Part I, no. 145 of 26 February 2008, approved with amendments by Law no. 204/2012 published in the Official Gazette of Romania, Part I, no. 791 dn November 26, 2012, giving a new numbering.
Law utilities services no. 51/2006 was published in the Official Gazette of Romania, Part I, no. 254 of 21 March 2006 and further amended by:
- Law no. 329/2009 on the reorganization of public authorities and institutions, rationalization of public expenditure, business support and compliance framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, Part I, no. 761 of 9 November 2009, with subsequent amendments;
- Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 20l2.
Chapter I General Provisions
Article 1
(1) This law establishes unified legal and institutional framework, objectives, powers, functions and tools required for the creation, organization, management, financing, operation, monitoring and control of the supply / provision of regulated public utilities services.
(2) For the purposes of this law, public utility community services, referred to as public utility, defined as all activities covered by this law and special laws that provide essential needs of utility and public interest social character of local communities regarding:
A) water supply;
B) sewerage and wastewater treatment:
C) collection, sewerage and drainage of rainwater;
D) production, transmission, distribution and supply of heat in a centralized system;
E) localities sanitation;
F) public lighting;
G) the management of public and private domain of administrative-territorial units, and the like;
H) local public transport.
(3) The provisions of this law apply to public utilities services defined in par. (2) established, organized and supplied / provided at the commune level cities, municipalities, counties, Bucharest and, where appropriate, under the law, to the territorial-administrative subdivisions of municipalities or the intercommunity development associations under the coordination control and responsibility of local authorities, whether by special laws otherwise agreed.
(4) public utility services are part of the public services of general interest and have the following features:
A) economic-social;
B) fulfill requirements and needs of public interest and utility;
C) are for technical and utilities;
D) have a permanent and continuous operating mode;
E) operating mode can have monopoly characteristics;
F) imply the existence of adequate technical infrastructure;
G) coverage has local scale: villages, towns, municipal or county;
H) are set up, organized and coordinated by local government authorities;
I) are organized on economic principles and efficiency;
J) can be supplied / provided by operators license holders who are organized and operate either under public law rules or regulations under private law;
K) are provided / performed based on the "beneficiary pays";
L) recovery of operating costs or investment is made by regulated prices and tariffs or special taxes.
Article 2
Purposes of this law, terms and concepts below are defined as follows:
A) intercommunity development association with activities in public utilities - the intercommunity development association defined local government according to Law no. 215/2001, republished, as amended and supplemented, with the objective of setting up, organization, regulation, financing, operation, monitoring and joint management of public utility services provided / supplied within the competence of administrative-territorial units States, and the joint execution of public investment projects of regional or local interest for setting up, modernization and / or development, as appropriate, systems infrastructure related to such services;
B) the competent regulatory authorities - National Regulatory Authority for Public Utilities Community Services, hereinafter ANRSC Regulatory Authority for Energy, hereinafter ANRE, the Romanian Road Authority, hereinafter ARR, or authorities local government, as appropriate;
C) authorization - technical and legal document issued by the competent regulatory authority, granting of legal permission to mount, to operate, modify, repair and operate cost-sharing systems;
D) endorsement prices and tariffs - business analysis and verification of prices and tariffs carried out by the competent regulatory authorities under the procedures of establishment, adjustment and modification of prices and tariffs, materialized by issuing an expert opinion;
E) delegation of the management of a local public service - action by which a territorial unit assigned to one or more operators license holders, under this law, the supply / providing a service or a utility service sector activities public whose / which has responsibility. Delegating management of a service / activity of public utilities involves operating the actual service / activity, concession system of public utilities in the service / activity delegated / delegated and the right and obligation of the operator to manage and operate public utilities respectively. Delegating management can be carried and development associations with the object of public utility services in the name and on behalf of the administrative-territorial units, under a special mandate granted by them;
F) license - technical and legal document issued by the competent regulatory authority, which recognizes an operator of public utilities in an area covered, and the ability and the right to perform / service utilities public;
G) operator - legal person of public or private law registered in Romania, a EU member state or in another state, which has the power and ability recognized by the license issued by the competent national regulatory authority Romania, to provide / perform, according to the regulations in force, a service or an activity in the field of public utilities, and providing direct service management / business and management, operation and operation of public utilities related to him / her;
H) regional operator - operator company regulated by Law no. 31/1990 on companies, republished, with subsequent amendments and oompletările, with the equity held of some or all administrative-territorial units members of a community development associations with the object of public utility services. Regional operator shall ensure the supply / provision of service / activity of public utilities within the competence of administrative-territorial units, administration, operation and exploitation of the related infrastructure and implementation of public investment programs of local interest or regional financing the establishment, modernization and / or, where appropriate, development of technical infrastructure for these services / activities carried out jointly in the association. The regional operator is established based on the decisions adopted by the deliberative authorities of the administrative-territorial units of a community development associations with the object of public utilities, including by amending articles of incorporation of the existing operators subordinate local authorities, in accordance with law no. 31/1990, republished, as amended and supplemented. The regional operator is assimilated bodies providing public services provided by the Government Emergency Ordinance no. 64/2009 on the financial management of structural instruments and their use for the convergence objective, approved with amendments by Law no. 362/2009, as amended and supplemented.
I) users - natural or legal persons benefiting, directly or indirectly, individually or collectively, public utilities, under the law;
J) public utility system - all movable and immovable property acquired under the law, consisting of land, buildings, construction and installation of technological equipment and facilities functional specific public utility service, through whose exploitation and operation is ensure the supply / provision of service;
K) technical infrastructure - all public utility systems to supply / provision of public utilities; technical and management infrastructure in public ownership or private administrative-territorial units and is subject to the legal regime of public or private property by law;
L) public domain - all movable and immovable property acquired under the law, owned public administrative-territorial units, which, by law or by their nature are public service or local or county, declared as such by decision of the local or county councils which have not been declared legally use goods or national public interest;
M) private area - all movable and immovable property other than those referred to l) entered the property of administrative-territorial units in the manner provided by law;
N) monopoly in the field of public utilities - when market characteristic services of public utilities, bounded on one area can be supplied / provided only by a single operator;
O) pricing and tariffs - analysis procedure of calculation of prices and tariffs, developed and approved by the competent regulatory authorities, setting out the structure and levels of prices and tariffs, as applicable for public utility services;
P) adjusting prices and tariffs - the price level analysis procedure and existing tariffs, developed and approved by the competent regulatory authorities, which ensures the correlation of the level of prices and tariffs previously set with the general evolution of prices and tariffs in the economy;
R) changing prices and tariffs - analysis procedure and tariff structure and price levels existing developed and approved by the competent regulatory authorities, applicable in situations when changes in the cost structure leading to a repricing and tariffs;
S) activity in the field of public utilities, hereafter activity - functional component distinct technological chain specific public utility service.
Article 3
(1) public utility services are the responsibility of local authorities or, where appropriate, intercommunity development associations with activities in public utilities mandated by decisions of the deliberative bodies of the administrative-territorial units. Public utilities are set up, organized and managed by observing the law, according to the decisions adopted by the deliberative authorities of the administrative-territorial units, depending on the degree of urbanization, the importance of socio-economic localities, size and degree of their development and in relation to existing technical and management infrastructure.
(2) The organization, functioning and development of public utilities general interest of local communities is a priority. This law is to satisfy the most complete set of user requirements, protect their interests, strengthen economic and social cohesion in local communities and sustainable development of administrative-territorial units.
(3) detailing the creation, organization, development, financing, operation and management of each public utility service is done by special laws, the rules and regulations adopted by sectoral government decisions and orders of the competent regulatory authorities.
(4) public utility services are provided / performed by utilities or regional operators defined according to art. 2 letter g) and subparagraph h). Operators may have the following status:
A) functional compartments unincorporated organized in the mayor's specialized apparatus or, where applicable, the county councils;
B) local public services or, where appropriate, county, unincorporated, organized and established by decisions of the deliberative authorities of the administrative-territorial units;
C) local public services or, where appropriate, county, with legal personality, created and organized by decisions of the deliberative bodies of the administrative-territorial;
D) companies under Law no. 31/1990, republished, as amended and supplemented, with the equity held administrative-territorial units;
E) companies under Law no. 31/1990, republished, as amended and supplemented, private capital;
F) companies under Law no. 31/1990, republished, as amended and supplemented, with mixed capital.
Article 4
(1) public utility systems are part of the technical infrastructure of administrative-territorial units, are goods of interest and public use and owned by their nature or according to law, public or private domain of administrative-territorial units , the legal regime of public or private property, if any.
(2) If the location and realization of utility service components, namely the development of existing ones, require permanent occupation of land or derelict buildings other than public or private domain of administrative-territorial units, these will be the public property of the administrative territorial units by procedures prescribed by law.
(3) To ensure the protection and normal functioning of public utility systems, and to avoid endangering people, property and the environment, establish safety zones and their protection in accordance with the technical standards developed by competent authorities.
(4) The works of creation, development, rehabilitation and refurbishment of public utility systems and the work of maintenance, repair and remedy the damage are works of public utility.
Article 5
(1) For the identification, registration, description and representation on cadastral maps and plans, as well as town and country planning documentation, systems and utilities highlights are inventoried in town immobile organized administrative units -territorial, according to the law.
(2) Operators suppliers / providers of public utilities regardless of the organization, the ownership, the nature of capital or country of origin, have for these services utility right of way on the land affected by public utility systems. Right of way is exercised free of charge on land belonging to the state or territorial administrative units throughout the supply / provision of public utilities.
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Alin. (2) art. 5 was changed pt. 1 of art. LAW no unique. 313 of 7 December 2015 published in the Official Gazette no. 910 9 December 2015
Article 6
Public utility services are organized and administered by the legal provisions in force on local government, administrative and financial decentralization, regional development, local government finances and compliance with the principles:
A) local autonomy;
B) decentralization of public services;
C) subsidiarity and proportionality;
D) accountability and legality;
E) inter-association;
F) sustainable development and correlation requirements with resources;
G) protection and conservation of natural and built environment;
H) ensuring hygiene and health;
I) efficient management of the property is public or private property of the administrative territorial units;
J) participation and consultation of citizens;
K) free access to information on public services.
Article 7
(1) public utility services are legal regime of public services of general interest, making it applicable to public service obligations defined according to the following requirements / fundamental, namely:
A) universality:
B) continuity both in quality and quantity, under the regulated contract;
C) adaptability to user requirements and long-term management;
D) accessibility equal and non-discriminatory public service, under contract covered;
E) the decisional transparency and protection of users.
(2) Organization, operation and management of public utilities should provide:
A) satisfy the quantitative and qualitative requirements of users, according to the contract provisions;
B) health and quality of life;
C) the protection of economic, legal and social users;
D) optimal functioning, safe people and service, profitability and economic efficiency of buildings, plant, equipment and facilities properly projected technological parameters and in accordance with specifications, operation guidelines and regulations services;
E) the introduction of modern management methods;
F) introduction of modern methods of developing and implementing strategies, policies, programs and / or projects in the field of public utilities;
G) sustainable development, preservation and promotion of public and private domain of administrative-territorial units and environmental protection and conservation, in accordance with regulations in force;
H) information and consultation of local communities benefit from these services;
I) the principles of market economy, ensuring a competitive environment, regulation and restriction of monopolistic areas.
Chapter II
Authorities and skills
Section 1
Local authorities
Article 8
(1) Local authorities have exclusive jurisdiction, under the law, in everything concerning the establishment, organization, coordination and operation of public utilities, as well as in the creation, development, modernization, management and operation public property or private administrative-territorial units related to public utility systems.
(2) Local authorities have a competence shared with central government authorities and the competent regulatory authorities in terms of regulation, monitoring and control of public utilities services.
(3) In exercising the powers and scope of their duties in public utilities, local government authorities adopted decisions on:
A) development and approval of their strategies regarding the development of rehabilitation programs, expansion and modernization of existing public utility systems and programs set up new systems, including consultation with operators;
B) coordinating the design and execution of the technical utilities in order to achieve them in a unitary and coherent programs of socio-economic development of localities, landscaping, urbanism and environment;
C) intercommunity association for the establishment, organization, management and exploitation of the common interest of public utilities, including to finance specific investment objectives and public utility systems;
D) choosing how management of public utility services and giving into administration or, where appropriate, public utility concession systems for supply / rendering them;
E) tracking, monitoring and reporting of performance indicators and the methodology for comparing these indicators, developed by the Ministry of Regional Development and Public Administration together with the regulatory authorities, in relation to the operator with the best performance of community services public utilities:
F) the participation of administrative-territorial units in the capital of capital of companies under Law no. 31/1990, republished, as amended and supplemented, with the objective of providing / rendering public utility services of local interest, intercommunity or county, if applicable;
G) the contracting or guaranteeing loans to finance investment programs for the development, rehabilitation and modernization of existing systems;
H) ensuring that, under the law, loans contracted by public utilities in the establishment or development of technical infrastructure related services;
I) developing and approving regulations services, specifications, contracts for the supply / performance and other local regulations on public utilities, based on framework regulations, the specifications Framework framework contracts for the supply / provision or other general regulations drafted and approved by the competent regulatory authorities;
J) establishing, adjusting, modifying and approving prices, tariffs and special taxes, in compliance with methodology developed and approved by the competent regulatory authorities;
K) approval to establish, adjust or change prices and tariffs for public utilities, as appropriate, based on expert opinion issued by the competent regulatory authorities;
L) restricting areas where there is monopoly conditions;
M) protection and conservation of natural and built environment.
(4) Against decisions of local authorities adopted under this law, natural or legal persons concerned may address administrative court under the law.
Article 9
(1) The legal relationships between local government authorities or, where appropriate, the development associations with the object of public utilities and users established on the basis of this law, are legal relations of an administrative nature, subject to the rules public legal. Local authorities have the following duties to the users of public utilities:
A) ensure the management and administration of public utilities on the basis of competitiveness and economic and managerial efficiency, with the aim of achieving compliance and performance indicators of the service, established by management delegation agreement or the decision to submit administration, in case of direct management;
B) develop and approve their own strategies to improve and develop public utilities, using the principle of multiannual strategic planning;
C) promote the development and / or rehabilitation of related technical infrastructure and public utilities sector environmental programs for polluting activities and services;
D) adopt measures to ensure the financing of technical infrastructure related services;
E) to consult users associations to establish local policies and strategies and ways of organizing and running of services;
F) regularly inform users on the state of public utilities and policies on development;
G) to mediate and resolve conflicts between users and operators, at the request of the parties;
H) to monitor and control the compliance with the obligations and responsibilities assumed by operators in the contracts of management delegation on: compliance performance indicators and service levels, according to periodic adjustment of tariffs adjustment formulas negotiated to end management delegation contracts, compliance with the competition Law no. 21/1996, republished, as amended and supplemented, the efficient use and safe systems of public utilities or other public property assets owned and / or private administrative-territorial units, affected services, ensuring environmental protection and field public, protecting users.
(2) The legal relationships between local government authorities and operators, established under the provisions of this law are subject to legal rules of public or private as appropriate, depending on the form adopted. In order to fulfill tasks under par. (1) local public administration authorities, in relation to operators of public utility services, the following rights:
A) establish the requirements and criteria for participation and selection procedures organized public operators to award management delegation;
B) require information on the level and quality of service provided / rendered and on how maintenance, operation and management of the assets of public or private property of the administrative-territorial entrusted to achieve service;
C) call for hearings operator, to reconcile disputes in relation to service users;
D) to approve the establishment, adjustment or, where appropriate, adjustments of prices and tariffs for public utilities services offered by operators, based on methodologies developed by regulators suitable powers granted to them by the special law;
E) to monitor and exercise control on the supply / provision of public utilities and take necessary measures if the operator does not provide the performance indicators and service continuity for obliging;
F) to penalize the operator if it operates as indicators of performance and efficiency which has committed and does not ensure continuity of services;
G) refuse, in justified circumstances, the approval to establish, adjust or change prices and tariffs proposed by the operator and services operating under monopoly seek the opinion of the competent regulatory authorities.
(3) Local authorities have the right to unilaterally terminate contracts delegating the management of services and to organize a new procedure for delegating their management if found and repeated failure by the operators prove the contractual obligations and if operators do not adopt programs measures to comply with the contractual conditions and to ensure the achievement, in a predetermined time, the quality parameters assume.
(4) Local authorities have the following obligations to the operators suppliers / providers of public utilities;
A) to ensure equal treatment for all operators, regardless of ownership, country of origin, their organization and management mode adopted;
B) ensure a competitive business environment transparent and loyal;
C) to respect its commitments to the operator's decision to grant administration service or through contract terms established by the contract of supplying the service;
D) to ensure the necessary resources to finance technical infrastructure for services corresponding clauses;
E) keep under the law, the confidentiality of data and information on economic and financial activities of operators other than the public interest.
Section 2
IDAs
Article 10
(1) Two or more administrative units within the limits of their deliberative and executive powers can cooperate and associate, under the law for the establishment of community development associations for the supply / provision joint public utilities services and creation, modernization and / or development, where appropriate, infrastructure related systems.
(2) IDAs with the object of public utility services are cooperative structures with legal personality under private law and public utility status recognized by law, for joint exercise and performance of the powers of local government relating to the supply / provision of utility services established in their responsibility according to this law, the Law. 215/2001, republished, as amended and supplemented, and the Law Framework decentralization no. 195/2006.
(3) IDAs with the object of public utility services are established and acquire legal personality according to Government Ordinance no. 26/2000 on associations and foundations, approved with amendments by Law no. 246/2005, as amended and supplemented. Notwithstanding the Government Ordinance no. 26/2000, approved with amendments by Law no. 246/2005, as amended and supplemented, development associations with the object of public utility can not merge, you can not divide and can not be subsidiaries or branches as territorial. Notwithstanding the provisions of art. 13 of Law no. 215/2001, republished with subsequent amendments, the bodies of the association are the general meeting, the board and auditing committee. The General Assembly makes decisions in accordance with the bylaws. General Assembly decisions are administrative acts which fall under the provisions of Law no. 554/2004, as amended and supplemented.
(4) The territorial units may mandate under the law, development associations with the object of public utility services, by decisions of their deliberative exercise on account and on behalf of their right to delegate the management of public utility services transferred the responsibility of associations, including the right to lease the systems infrastructure related to public utilities transferred. To this end, decisions on empowering local authorities and legal documents establishing any association must contain detailed and complete information regarding the conditions for exercising the special mandate entrusted to it.
(5) The administrative-territorial development associations may delegate the object of public utility services, as determined by the articles of incorporation and bylaws to exercise, on behalf and on behalf of their duties, rights and obligations referred to in art. 8 paragraph. (3), Art. 9 and art. 32, except as provided in Art. 8 paragraph. (3) c), d), f), g) and h), art. 9 (1) d) and para. (4) d) and art. 32 para. (4). Their duties, rights and obligations provided in Art. 8 paragraph. (3) a) i), j) and k), art. 9 paragraph. (1) b) Art. 9 (2) a), d) and g), art. 9 (3) and art. 32 para. (2) and (3) upon receipt in advance of a special mandate from the deliberative authorities of the administrative-territorial units members of the association.
(6) public utility systems or parts thereof, made jointly by new investment programs realized in the intercommunity development association object of public utility services, public property belonging to administrative-territorial units States their assets are recorded in accordance with Law no. 213/1998 on public property assets, as amended and supplemented, the following criteria:
A) assets located exclusively across a single administrative-territorial units, and serving you, its public domain;
B) assets located in several administrative-territorial and / or serving several administrative units of the county public domain if all administrative units involved are located in the same county and the county is a member of the association ;
C) for assets located in several administrative-territorial and / or serving several administrative units, their membership is determined by the general assembly and laid down in the contract management delegation if these administrative units are located in different counties or county if not a member.
(7) The method for applying the criteria in para. (6) is determined by the Bylaws and its respective management delegation agreement.
(8) Notwithstanding the provisions of art. 37 and 92 of Law no. 215/2001
, Republished, as amended and supplemented, status and articles of association of intercommunity development associations with activities in public utility services are approved by decisions of the deliberative bodies of the administrative-territorial states and signed in the name and on realize their mayors associated administrative-territorial units and / or, where appropriate, the presidents of county councils, who are representatives of villages, towns, cities and counties at general meetings of the association; mayors, respectively presidents of county councils may delegate their representative quality of the general assembly by provision.
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Alin. (8) art. 10 was changed pt. 2 of art. LAW no unique. 313 of 7 December 2015 published in the Official Gazette no. 910 9 December 2015
(9) The organization and functioning of the intercommunity development associations with activities in public utilities is established by statutes of the association, based on the articles of association and articles of association framework *).
Note
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*) See Government Decision no. 855/2008 for the approval of the articles of association and articles of association framework of intercommunity development associations with activities in public utility services, published in the Official Gazette of Romania, Part I, no. 627 of 28 August 2008.
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(10) The decisions of the general meetings of intercommunity development associations with activities in public utility services may be appealed within the administrative court.
Section 3
a
central public administration authorities
Article 11
(1) Government implements general state policy in the field of public utilities, according to the government program and objectives of the national economic and social development of the country through:
A) approval and updating the national strategy on services of public utilities;
B) guidance to local authorities in the creation, organization, operation and efficient management of public utilities, and for the rehabilitation, modernization and development of technical infrastructure of settlements;
C) granting government guarantees for obtaining loans necessary internal and external technical infrastructure development of local or county interest;
D) granting transfers from the state budget for development of technical infrastructure of local, intercommunity or county, respecting the principle of subsidiarity and proportionality.
(2) The Government shall periodically examine the state of public utilities and establishes measures for sustainable growth and quality of the requisite needs of users and communities based on specific sectoral strategies.
(3) the Government supports local government authorities through administrative measures, legislative, economic and financial, to develop and improve the quality and quantity of public utilities and ensure the function and operation safely and economically efficient infrastructure related technical utilities.
(4) In exercising the prerogatives and responsibilities under par. (1), (2) and (3) The Government shall:
A) harmonization of strategies and policies in the field of public utilities of local interest, intercommunity or county with the socio-economic development, urban and spatial planning, environmental protection and conservation;
B) decentralization of public utilities and strengthen local autonomy on the establishment, organization, management and control of their operation;
C) developing strategies and local policies on public utilities and their implementation while respecting the principle of subsidiarity and proportionality;
D) implementation of market economy mechanisms in the sphere of public utilities by creating a competitive environment to attract private capital participation, promoting forms of delegated management;
E) strengthening the capacity of decision-making and management of local authorities in the exercise of their duties on the creation, coordination and control of the operation of public utilities;
F) promoting intercommunal association for the establishment and operation of public utility systems,
G) promote cooperation in various forms between local government authorities and the private sector for financing establishment, development, modernization and operation of public utility or specific assets related technical infrastructure;
H) the restriction and regulation of areas where specific conditions prevail monopoly of public utilities.
(5) In order to build public service heat supply in centralized system, as defined in art. 5 points. 29 of the Civil Service Law No heat supply. 325/2006
, As amended, the Government may approve the transfer of shares owned to private operators in the administrative-territorial units.
-------- Alin. (5) art. Article 11 was introduced. X Emergency Ordinance no. 68 of 21 October 2014 published in the Official Gazette no. 803 of 4 November 2014.
(6) The transfer referred to in para. (5) can be done free of charge and is approved by Government Decision, the following cumulative conditions:
A) aim to reduce the level of arrears, restructuring or rescheduling of them;
B) a technical and economic analysis covering its justification and economic and social effects at the local level;
C) the transfer is carried out respecting the national and Community state aid and competition;
D) be agreed creditors if the transferred shares are encumbered / guarantees;
E) administrative-territorial unit have requested the transfer of state shareholdings.
-------- Alin. (6) of art. Article 11 was introduced. X Emergency Ordinance no. 68 of 21 October 2014 published in the Official Gazette no. 803 of 4 November 2014.
(7) Para. (5) and (6) does not apply to companies of strategic interest, as defined in art. 3 letter b) Government Emergency Ordinance no. 88/1997
On the privatization of companies, approved by Law no.
44/1998, as amended and supplemented.
-------- Alin. (7) of art. Article 11 was introduced. X Emergency Ordinance no. 68 of 21 October 2014 published in the Official Gazette no. 803 of 4 November 2014.
Article 12
Operation analysis, synthesis, decision, coordination, monitoring and planning at the central level for services of public utilities is entrusted Ministry of Regional Development and Public Administration, as the authority of the central public administration specialist with the following tasks :
A) develop and promote national strategy of public utilities services;
B) develop and promote sector strategies on medium and long term on the development of public utilities and related technical infrastructure;
C) initiates, develops and promotes the draft laws, government decisions and normative acts for its field;
D) base, approves and coordinates centrally prioritizing allocation of financial resources for government services, in accordance with the National Strategy of public utilities services;
E) monitor, centralize and evaluate the achievement of the performance indicators of public utilities services, according to the methodology set out in art. 8 paragraph. (3) e);
F) coordinates and monitors the implementation of government programs for investments in public utilities sector, including investment programs made by external financing from European Union funds and loans from international financial organizations;
G) develop policy restructuring, reorganization and privatization of operators suppliers / providers set up by local government authorities, in consultation with local authorities;
H) advises draft normative acts developed by other authorities of the central government that have implications and consequences of specific activities of public utility services;
I) initiate and propose measures to improve the legislative and institutional framework for decision making and managerial capacity building of local authorities on the establishment, organization, coordination and control of the operation of public utilities, and in terms of administration and operation related technical infrastructure;
J) collaborates with similar organizations and authorities from other countries and represent the Government in international relations line public utility services;
K) cooperates with central and local government authorities that have powers and responsibilities in the field of public utilities or in connection therewith;
L) requesting information ministries, other government authorities and local and natural or legal persons, on the specific activities of public utilities;
M) provide information on specific activities of public utility services other authorities of central and local government.
Section 4
a
Regulatory Authorities
Article 13
(1) ANRSC ANRE and ARR quality of regulatory authorities for the purposes of this Law, in conjunction with the provisions of special laws for each public utility service separately.
(2) ANRSC is competent regulatory authority for public utilities following:
A) water supply;
B) sewerage and wastewater treatment;
C) collection, sewerage and drainage of rainwater;
D) *) generation, transmission, distribution and supply of heat in a centralized system, apart from producing heating cogeneration;
Note
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*) Lit d) of par. (2) art. 13 of Law no. 51/2006 is repealed from the entry into force of amendments and additions to the law on public service supply heat, according to art. II par. (1) of Law no. 204/2012 published in the Official Gazette of Romania, Part I, no. 791 of 26 November 2012.
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E) localities sanitation;
F) public lighting;
G) the management of public and private domain of administrative-territorial units;
H) local public transport under special powers granted by law.
(3) ANRSC under powers conferred by this Act, issue licenses, develops methodologies and framework regulations for public utility services within its regulatory and market these services and monitors the observance and implementation of applicable legislation these services.
(4) *) The activities of generation, transmission, distribution and supply of thermal energy are subject to licensing, regulation and control ANRE
Note
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*) Para. (4) art. 13 of Law no. 51/2006, as amended by Law no. 204/2012 published in the Official Gazette of Romania, Part I, no. 791 of 26 November 2012 shall apply from the date of entry into force of amendments and additions to the law on public service supply heat, according to art. II par. (1) of Law no. 204/2012.
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(5) MRA is the competent regulatory authority for local public transport service and according to the powers conferred by this law and special law, develop methodologies and framework regulations for public passenger transport, grants licenses and monitor and control transport that operators of existing legislation on road transport, namely the conditions imposed by transport licenses.
Article 14
(1) ANRSC is a national public institution with legal personality, which operates under the rules of organization and functioning, approved by Government Decision **).
Note
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**) See Rules of organization and functioning of the National Regulatory Authority for Public Utilities Community Services, approved by Government Decision no. 671/2007 published in the Official Gazette of Romania, Part I, no. 454 of 5 July 2007, as amended and rectified in the Official Gazette of Romania, Part I, no. 528 of 29 July 2010.
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(2) ANRSC operates under the following principles:
A) protect the interests of users in the operators acting within the scope of public utilities;
B) promote competition, efficiency and economic efficiency in the public utilities that operate under monopoly;
C) promoting the principles of transparency, accessibility, non-discriminatory treatment and protection of users;
D) promoting balanced contractual relations, result-oriented;
E) ensuring equal treatment and opportunities in relation to central and local public administration authorities with operators of public utility services;
F) resource conservation, environmental protection and human health.
(3) ANRSC exercising public authority powers in terms of fairness and balance to both users and operators, and to local government authorities. ANRSC shall exercise the powers and duties conferred by this Act to all operators irrespective of ownership form and nature of capital for their organization, country of origin and how it is organized and conducted at the administrative-territorial units, management of public utilities as well as to individuals or public institutions engaged in monopoly conditions some specific activities of public utility services from its regulation.
(4) In carrying out its duties, ANRSC collaborate with the Ministry of Regional Development and Public Administration, Ministry of Environment and Climate Change, Ministry of Transport, with ANRE, with ARR Competition Council, the National Authority for Consumer Protection, with ministries, the municipalities and county councils, with other specialized agencies of the central government and public institutions active in the field of public utilities or in connection therewith, with the associations of local authorities, associations of users, with operators providing specialized services sector, professional associations and industry associations representing employers and workers in the field.
Article 15
(1) The ANRSC is fully funded by the state budget through the budget of Ministry of Regional Development and Public Administration. ANRSC can benefit from international funding programs. Charges for licensing, issuing permits for the contributions of public utility operators are under its regulations and any other amounts received under the law are revenues to the state budget
(2) Method of establishment and approval of tariffs and the level of contributions referred to in para. (1) provided in the Rules of organization and functioning of ANRSC
Article 16
(1) ANRSC is led by a president with the rank of Secretary of State, assisted by a Vice President position of undersecretary give state appointed and removed by the Prime Minister at the proposal of the Minister of Regional Development and Public Administration.
(2) Quality of president, respectively vice president of ANRSC incompatibilities applicable to them specific to the secretary of state, respectively, undersecretary of state. These qualities are also incompatible with the holding, directly or through intermediaries, trading activities and participate in the administration or management of operators.
(3) The mandate of the Chairperson and Deputy Chairperson shall cease:
A) the expiry;
B) resigns;
C) death;
D) the inability of the mandate for a period longer than 60 consecutive days;
E) the occurrence of incompatibility provided by law;
F) revocation by the authority that appointed him.
(4) The President and Vice President shall be revoked by the appointing authority for failing mandate for violating this law or criminal conviction by final court decision.
(5) If the President ANRSC, for various reasons, can not exercise its powers current Vice President takes over his duties, as provided in the rules of organization and functioning.
(6) The President represents ANRSC in relations with third parties, individuals and legal entities in the country and abroad.
(7) In exercising its powers, President ANRSC issue opinions, orders and decisions.
(8) ANRSC President orders and decisions may be appealed according to Law no. 554/2004, as amended and supplemented, the Court of Appeal.
(9) orders and decisions of the President ANRSC regulations shall be published in the Official Gazette of Romania, Part I.
Article 17
(1) ANRSC President is assisted by an Advisory Council whose work it coordinates.
(2) The Advisory Board consists of nine members appointed by the chief ANRSC Advisory Council composition is as follows:
- One member proposed by the Ministry of Regional Development and Public Administration;
- One member proposed by the Ministry of Environment and Climate Change;
- One member proposed by the Ministry of Labor, Family, and Social Protection;
- One member proposed by the National Authority for Consumer Protection;
- One member proposed by the Federation of Local Authorities in Romania;
- One member proposed by the trade unions representative at national level in the sector of public utilities;
- One member proposed by the employers' associations representative at national level in the sector of public utilities;
- One member proposed by national associations representative of users of public utilities;
- One member proposed by associations representative at national level in the sector of public utilities.
(3) Advisory Council Secretariat is provided by a person designated by the chief ANRSC
(4) Advisory Board aligns interests of the operators of public utility services to the users and those of local authorities assess the impact ANRSC regulations and make proposals for their improvement, according to the Regulation of organization and functioning of NAR SC
(5) The Advisory Board shall meet at least once a quarter or at the request of President ANRSC to analyze normative acts to be approved by order of the president or to debate issues concerning the activity of the institution.
(6) The tasks and functions of members of the advisory board shall be established in the Rules of organization and functioning of ANRSC
Article 18
(1) Within ANRSC works departments, services or departments. ANRSC organizational structure is determined by the rules of organization and functioning.
(2) ANRSC structure is organized and operates regional agencies without legal personality, as regional development areas.
(3) headquarters, tasks, duties and powers and the coordination of regional agencies are established by rules of organization and functioning.
(4) The allocation of posts for the central and local agencies is done by rules of organization and functioning.
(5) The prefects together with county councils or the General Council of Bucharest and local councils, will provide support to ensure ANRSC premises necessary for carrying on its territorial agencies.
Article 19
(1) ANRSC staff consists of employees employed on individual employment contract. An employee of the ANRSC is incompatible with any commercial activities in the field of public utilities services and to participate in the administration or management of operators in this area.
(2) The powers, duties and responsibilities of individual staff ANRSC be determined based on the rules of organization and functioning, the job description.
(3) The personnel ANRSC be determined in accordance with legal regulations.
(4) Hiring, promotion, and the modification or termination of employment of staff from within the ANRSC be made in accordance with legal regulations, provisions and rules of organization and operation of the collective agreement and approved by decision of the President, under the law.
Article 20
(1) ANRSC has the following powers and duties concerning public utility services from its regulation:
A) develop and establish sector-specific regulation of secondary and tertiary level binding;
B) grant, amend, suspend or revoke licenses or permits, if applicable;
C) requires local authorities programs for the rehabilitation, modernization and development of public utilities and related technical infrastructure, as appropriate;
D) develop methodologies for setting the adjustment of tariffs and price changes;
E) issued under powers conferred by special laws specific to each public utility service, expert advice on the establishment, adjustment or modification of prices and tariffs for public utilities when / if this opinion is provided by laws special;
F) approves draft laws developed and promoted by other central public administration authorities, the impact on its field;
G) organizes information system for collecting, processing and synthesis of data on public utility services within its regulatory, technical and management infrastructure to their accompanying and activity operators;
H) prepares and manages the database required for the own activities and providing information to the Government, ministries and other central and local authorities concerned;
I) to organize the monitoring, evaluation and control in the territory on the application of this law and sector specific legislation each service;
J) supervise and monitor the procedures for delegating management of public utilities services;
K) monitoring implementation and compliance by operators and local government authorities in the field of primary legislation, regulations issued for its implementation, pricing and tariff system in force and levy penalties for non-compliance;
L) monitors compliance and fulfillment of obligations by operators and measures in terms of issuing or maintaining a license or authorization;
M) develops regulations Framework specifications framework and framework contracts for the supply / provision of services within its regulatory and approve them by order of the President;
N) develop and adopt criteria and performance indicators enabling the monitoring, comparison and evaluation of the supply / provision of services;
A) notify ministry and the Competition Council regarding the violation of legal provisions on competition whenever non-compliance with regulations on competition and transparency;
P) recommend to the local government ministry and the Competition Council measures to restrict areas where there is monopoly conditions, and to prevent abuse of dominant market position, to limit the effects of monopoly services;
R) initiates and organizes training programs and training in regulated activities;
S) annually presents Government a report on public utility regulation and from its own activity. The report shall be published;
T) collaborates with similar organizations and authorities of other countries in its field;
T) perform any other duties established by law.
(2) The annual report ANRSC with database managed by ANRSC constitute fundamental elements and update the National Strategy on services of public utilities and own strategies adopted by local government authorities.
(3) The legal relationships between ANRSC and local government authorities are relations of cooperation and methodological guidance and legal relations between ANRSC and operators of public utility services are reports of monitoring, evaluation and control regarding compliance with the licensing and authorizations, procedures for establishing, adjusting and amending the prices and tariffs.
(4) In order to exercise its ANRSC entitled to access to information contained in the operator's records relating to its field of activity, including the accounting records thereof. ANRSC has the right to disclose any information or data that are of public interest.
Article 21
(1) ANRSC power to adopt within a year of the publication of this law, by order of the chairman, the following regulations:
A) norms establishing, adjusting and changing prices and tariffs on public utilities;
B) the rules of identification, notification and sanction breaches of the regulations issued in its field, in accordance with the legal provisions;
C) the regulation authorizes the economic operators installing and / or operating systems to share costs;
D) rules on the conditions of installation and operation of systems for allocating heating costs;
E) rules for the billing and distribution by individual owners total consumption recorded in the branch condominium.
(2) ANRSC develop Regulation on licensing *), applicable to suppliers / providers in the sphere of regulation, in accordance with special laws, and submit it to the Government.
Note
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*) See Government Decision no. 745/2007 approving the Regulation on licensing of public utilities services, published in the Official Gazette of Romania, Part I, no. 531 of 6 August 2007, as amended.
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(3) The licensing is done by committees give licensing established by the Regulation on licensing referred to in para. (2).
(4) licensing committees belong in an advisory capacity, and specialists appointed by associations representative at national level in the sector of public utilities.
Chapter III The organization and functioning of public utilities
Section 1
management of public utility services
Article 22
(1) management of public utility services are the way of organization, operation and management of public utilities in the provision / supply conditions set by their local public authorities.
(2) management of public utility services are organized and performed in the following ways:
A) direct management;
B) delegated administration.
(3) approach to managing public utilities is determined by decisions of the deliberative authorities of the administrative territorial units, depending on the nature and status of the service, the need to ensure the best price / quality, and current interests perspective of the administrative territorial units and the size and complexity of utility service.
(4) Carrying out specific activities of any public utility service, regardless of the administration method chosen is based on a regulation and a service specification, developed and approved by local government authorities in accordance with Regulation framework specification and framework of service. If intercommunity development associations with the object of public utilities, service regulations and specifications are developed in the association are subject to endorsement by local authorities of the administrative-territorial units under the mandate provided for in art. 10 para. (5) and approved by the general assembly.
(5) prohibit any agreement or association agreements and concerted practices between operators, regardless of the organization, ownership or management mode adopted, leading to increased monopoly of public utilities in prevention, restriction or distortion of competition in the market for public utilities.
Article 23
(1) The legal relations between administrative units or, where appropriate, the development associations with the object of public utility operators or regional operators and, where appropriate, are regulated by:
A) decision on giving into administration, adopted by the deliberative authorities of the administrative territorial units - in the case of direct management;
B) decisions on the award and conclusion of contracts for supplying the service, adopted and approved as appropriate by the deliberative authorities of the administrative-territorial or general meetings of associations, where applicable, in the case of delegated administration.
(2) The legal relationship between the operators of public utilities and users of these services are contractually undertaken under the framework contract for the supply / provision of public utilities, prepared by the relevant regulatory authority with the legal provisions in force , services and regulations specific to their specifications.
Article 24
(1) systems used for the provision of public utilities / services can be;
A) data management and mining operators, based on the decision of giving into administration - in case of direct management;
B) leased to operators / regional operators under the law, based on the decision to award and contract administration delegation - for delegated administration.
(2) In the case of delegated management, leasing public utility systems, used for providing / rendering of services and / or activities subject to the delegation of management is an intrinsic part of the administration delegation contracts. These systems transmit operators / regional operators for administration and operational management during the delegation by one of the ways provided for in art. 30, with the proper management services and / or activities delegated under the contract of management delegation.
Article 25
(1) Public property constituting public utility systems are subject to annual inventory and stands out distinctly extra-, heritage operators, regardless of how management service or organization, ownership, nature of capital or country home operators.
(2) Public property of administrative-territorial units, related to public utility systems can not be contributed to the capital of companies regulated by Law no. 31/1990, republished, as amended and supplemented, set up by local government authorities or participate in setting up companies under Law no. 31/1990, republished, as amended and supplemented, joint ventures and may not constitute guarantees for bank loans contracted by local government authorities or operators, the unalienable, indefeasible and elusive
(3) Public property of administrative-territorial units used for supplying / providing public utility services can be managed or can be granted to operators in accordance with the law.
(4) the private assets of the territorial administrative units used for supplying / providing public utility services can be managed, leased or made lawfully owned operators in force.
(5) In the case of delegated goods made by operators for compliance with investment programs imposed by the contract management delegation is to return goods that rightfully belong to, the contract expires free and free of any charges, administrative units and integrated territorial public domain thereof.
Article 26
(1) shares of companies regulated by Law no. 31/1990, republished, as amended and supplemented, providing / rendering services of public utilities, entered the portfolio of the Authority for State Assets Recovery - AVAS, after privatization process, will be transferred to the private property of the administrative territorial units, within 30 days from the date of entry into force of this law. At the same time, public domain goods whose value was included in these actions will be reintegrated into the public patrimony of administrative-territorial units.
(2) shares of companies regulated by Law no. 31/1990, republished, as amended and supplemented, providing / rendering services of public utilities, entered the AVAS portfolio by acquiring the shares and compensation claims and claims by the National Agency for Fiscal Administration - NAFA can not be alienated / exploited without the consent of local authorities in coordinating companies that are regulated by Law no. 31/1990, republished, as amended and supplemented, and have right of first refusal to purchase the shares or claims. New patronized result is bound to maintain the supply / provision of public utilities for five years after receiving them. Any change in the supply / provision of that service is done only with the consent of local authorities.
Article 27
(1) The executive management of operators suppliers / providers, set up by local government authorities or administrative-territorial units are majority shareholders, is engaged on an individual contract of employment, to which are attached a performance contract; other staff are employed under an employment contract, respecting the collective agreement and the Labour Code. People with management and staff of the executives have the status of contract staff.
(2) Contract performance is to establish and objectives and performance criteria, approved by the income and expenses in exchange for employment rights established by the individual employment contract.
Section 2
Direct management
Article 28
(1) Direct management is management mode deliberative and executive authorities, on behalf of the administrative territorial units they represent, directly assume and exercise all the powers and responsibilities of the law relating to the supply / provision public utilities, namely the management, operation and exploitation of the related infrastructure.
(2) Direct administration is done through public law established operators in the administrative-territorial units, based on the decisions of grant management adopted by the deliberative thereof; these operators can be:
A) functional compartments unincorporated organized in the mayor's specialized apparatus or, where applicable, the county councils;
B) local public services or county, specialized unincorporated established and organized local councils or county councils, as appropriate, by decisions of the deliberative authorities of the administrative-territorial units;
C) local public services or county, specialized legal person, established and organized local councils or county councils, as appropriate, by decisions of the deliberative authorities of the administrative-territorial units.
(3) Notwithstanding the provisions of paragraph. (2) public utility services may be provided / performed and autonomous local interest or county only if they have ongoing investment projects co-financed from European funds or loan repayable until their completion.
(4) operators that organize local public services or county, with legal personality, have their own assets, dependent on economic management and enjoys financial and functional autonomy: these operators are legal issues of tax law, are holders of the unique registration code and the fiscal accounts opened local offices of the treasury or bank units and set up, under the law, budget revenue and expenditure and annual financial statements.
(5) Operators operating in the manner of providing direct management / providing public utility services through the operation and management of related technical infrastructure, based on the decision of granting service management, and system utilities involved in the service, adopted by the deliberative authorities of the administrative-territorial and based on the license issued by the competent regulatory authority. By decision of giving in administration clarifies the rights and obligations of the parties on the supply / provision of service, including the management, operation and operation of public utilities related thereto.
(6) Operators operating under the direct management is organized and operates on the basis of rules of organization and operation approved by the deliberative authorities of the administrative-territorial units.
(7) The annual surpluses in the budgets of public services at the local or county legal entity that manages public utility is the next year with the same purpose. Availability from external grants or loans to their co-administered and used according to contracts concluded.
Section 3
a
delegated administration
Article 29
(1) delegated management type of management is the deliberative authorities of the administrative territorial units or, where appropriate, development associations with the object of public utility services in the name and on behalf of the administrative-territorial units, assign one or more operators all or some of their powers and responsibilities of the supply / provision of public utilities, under a contract hereinafter contract management delegation. The delegated management of public utility services involving concession operators of public utility systems related delegated services, as well as their right and duty to manage and operate these systems.
(2) delegation of the management of public utility services, namely the operation, management and operation of related infrastructure can be made for all or only some of the activities services components based on technical and economic analysis and operating cost efficiency, resulting in an opportunity study.
(3) Contracts management delegation award is approved by decisions adopted by the deliberative authorities of the administrative-territorial units or, where appropriate, the general meeting of intercommunity development associations with activities in public utilities and signed mayors, presidents of county councils or, where appropriate, the presidents of associations of intercommunity development object of public utility services in the name and on behalf of the administrative-territorial units, based on their mandate.
(4) delegated management is performed through regional operators or operators of private property that can be:
A) companies under Law no. 31/1990, republished, as amended and supplemented, with the equity held administrative-territorial units, set up by the deliberative authorities thereof;
B) companies under Law no. 31/1990, republished, as amended and supplemented, resulting reorganization of autonomous administrations of local or county interest or public services of local or county interest existing at the time of entry into force of this law, whose share capital is held entirely by administrative units, as a partner or shareholder;
C) companies under Law no. 31/1990, republished, as amended and supplemented, private capital;
D) companies under Law no. 31/1990, republished, as amended and supplemented, with mixed capital.
(5) Operators operating in the manner provides delegated management / providing public utility services through the operation and management of related technical infrastructure under the contract of supplying the service and under license issued by the authority regulatory authority. Operators status of companies under Law no. 31/1990, republished, as amended and supplemented, whose capital is wholly owned by administrative units is organized and operates on the basis of rules of organization and operation approved by the deliberative authorities of the administrative-territorial or where appropriate, the general assembly of intercommunity development object of public utility services.
(6) the management delegation agreement is a contract concluded in written form, by which administrative units individually or in combination, as appropriate, as Delegator assigns a specific period, a licensed operator in as a delegate, acting at the risk and responsibility, the right and obligation to perform / full service public utility or, where appropriate, only some of its specific activities, including the right and obligation to manage and operate the infrastructure and technical Urban and related services / activities supplied / provided in return for a fee, where applicable. Delegation contract can be executed by intercommunity development association object of public utility services in the name and on behalf of the administrative-territorial units that have quality of granting. Contract management delegation is assimilated and administrative provisions covered by Law no. 554/2004, as amended and supplemented.
(7) Contract management delegation of public utility services may be:
A) concession contract;
B) public-private partnership contract.
(8) The procedures for awarding contracts delegating management of public utility services are:
A) open public tender - procedure in which any licensed operator concerned has the right to submit the tender;
B) direct negotiation - the procedure by which administrative units or, where appropriate, development associations with the object of public utility services in the name and on behalf of the administrative-territorial units, negotiate contract terms, including royalty with one or more licensed operators interested.
(9) Delegator is obliged to award the contract management delegation by public tender procedure open. The tender procedure can be completed only if after publication of the notice to tender have been submitted at least three bids and at least 3 bidders meet the eligibility criteria. If, after publication of the notice were not filed at least 3 offers or eligibility criteria are not met at least 3 bidders Delegator is obliged to cancel the procedure and organize a new tender within a maximum of 60 days from the date of cancellation proceedings.
(10) the negotiated procedure only applies if, after repeated tender procedure under paragraph. (9) it was not possible to appoint a winner. The negotiated procedure have the right to participate only bidders who submitted bids in tender procedures organized and carried out under paragraph. (9).
(11) Procedure for the award of public-private partnership is the legal regime provided by Law No public-private partnership. 178/2010, as amended and supplemented.
(12) The procedure for awarding the management delegation for public utility services defined in art. 1 para. (2) a) to g) shall be determined under the procedure Framework organization, deployment and management delegation award of public utilities developed by ANRSC and approved by Government Decision *). If local public transport service provided in art. 1 para. (2) h) the management delegation award is based framework rules according to the law issued by ANRSC special local public transport services.
Note
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*) See Government Decision no. 717/2008 approving the Procedure Framework organization, execution and management delegation award of public utilities services, selection criteria framework for services of public utilities and the Framework Contract management delegation community services public utility, published in the Official Gazette of Romania, Part I, no. 546 of 18 July 2008.
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(13) Contract management delegation will be accompanied by the following mandatory annexes:
A) specification for the supply / service provided;
B) regulation of service;
C) the inventory of movable and immovable property, public or private property of the administrative territorial units, related;
D) minutes teaching the goods set forth in subparagraph c).
(14) Contract management delegation includes mandatory clauses:
A) name of the contracting parties;
B) the contract;
C) duration of the contract;
D) the rights and obligations of contracting parties;
E) work program investment for modernization, rehabilitation, capacity strengthening, new targets and maintenance, current repairs, planned repairs, renovations, both physically and value;
F) duties and responsibilities of the parties with regard to investment programs, programs for rehabilitation, repair and renovation and conditions of financing them;
G) performance indicators on quality and quantity of service, established by the specifications and regulations of the service, and how to measure and quantify their conditions and safeguards;
H) tariffs and procedure of establishment, modification or adjustment;
I) the pricing and collection for the services provided / rendered;
J) the royalties or other obligations, if any;
K) contractual liability;
L) force majeure;
M) conditions to redefine the contractual clauses;
N) conditions to return or distribute as appropriate the assets on the termination of the contract for any reason management delegation, including investments;
A) maintain contractual equilibrium;
P) the conditions for terminating the contract of management delegation;
Q) the management of public and private property taken;
R) the structure of employment and social protection thereof;
S) other clauses agreed by the parties, as appropriate.
(15) assignment or novation contract management delegation is possible only in case of division, merging or establishing a subsidiary of the operator, in compliance with the original contractual approval and deliberative authorities of the administrative territorial units.
Article 30
(1) Organize and conduct procedures for the award of the contract management delegation for public utility services provided at art. 1 para. (2) a) to g) are based on a tender documentation drawn up in accordance with the procedure Delegator Framework organization, deployment and management delegation award of public utilities. The tender documentation is prepared in accordance with legislation specific to each type of contract.
(2) The election procedure documentation and approval of procurement management delegation decisions are made through deliberative authorities of the administrative territorial units or, where appropriate, by decisions of the general meeting of intercommunity development associations esta public utilities, based on the mandate received.
(3) The existence of financial guarantees and financial operators, as well as performance indicators and the level of tariffs applied on the supply / service in terms of quality and quantity are the main criteria for awarding the management delegation.
(4) newly established operators may be admitted in proceedings for awarding a management delegation agreement under the same conditions as existing companies.
(5) The tender documentation contains all the information necessary to ensure the tenderer a complete, accurate and explicit about how the organization, development and implementation of the contract award procedure management delegation and necessarily include the following : service regulations, specifications, service and selection criteria specific to delegate. Service regulations, specifications, service and selection criteria specific to delegate is developed and approved by local government authorities based on the Framework Regulation Framework specifications and selection criteria appropriate framework delegated service. If intercommunity development associations with the object of public utility services, the tender documentation shall be developed within the association is subject to approval by the deliberative bodies of administrative-territorial units under the mandate provided for in art. 10 para. (5) and approved by the general assembly, in its role as a deliberative body under a mandate received.
Article 31
(1) Notwithstanding the provisions of art. 29 para. (8) management contract of the services defined according to Art. 29 para. (6) shall be assigned directly:
A) regional operators set up by administrative units, members of a community development associations with the object of public utility services;
B) operators with the status of companies under Law no. 31/1990, republished, as amended and supplemented, and owned the administrative-territorial units established by reorganizing administratively under the law of the autonomous bodies of local or county interest or public services of local or county interest subordinated local authorities, who had the management and operational goods, activities or public utility.
(2) Direct award of contracts management delegation is subject to the following conditions:
A) administrative-territorial units members of a community development associations with the object of public utility services, as shareholders / associates of the regional operator, through the association, or, where appropriate, administrative-territorial unit in as shareholder / sole operator through the general meeting of shareholders and the Board, exercises direct control and a dominant influence over strategic decisions and / or significant regional operator / operator in the service provided / rendered similar to that which it exercises over its own structures for direct management;
B) regional operator or operator, as a delegate, and engaged exclusively in the field of supply / provision of utility services addressing the needs of general public interest of users in the area of competence of the administrative-territorial members of the association respectively of administrative-territorial unit who delegated management service;
C) the share capital of the regional operator or operator, is wholly owned by the administrative-territorial units of the association, namely the administrative-territorial unit; private capital to the capital of the regional operator / operator is excluded.
(3) In case of termination for any reason the administration delegation contracts awarded public utilities under par. (1) and (2) delegation subsequent management of these services can be made only in compliance with art. 29 para. (8).
(4) If the administration delegation contracts directly attributable regional operator, that operator, intercommunity development association with the object of public utility services or administrative units, as granting authority will evaluate, on the basis conditions attached to the contract specification management delegation, regional operator that the operator's performance and the compliance with performance indicators. Where non-compliance is serious, repeated or prolonged performance indicators in providing / rendering of services, service management delegation agreement may be terminated.
Article 32
(1) In the case of delegated authorities keep local government in accordance with their powers under the law, the powers and responsibilities of adopting policies and strategies for the development of services or development programs utilities systems public and an obligation to pursue, control and supervise the way in which the public utility services, namely:
A) the observance and fulfillment of contractual obligations by operators, including the participating communities;
B) quality of services provided / rendered;
C) performance indicators supplied / provided;
D) the administration, operation, conservation and maintenance in function, development or modernization of public utility systems;
E) the formation, establishment, modification and adjustment of prices and tariffs for public utilities.
(2) the purpose of concluding contracts of management delegation, local government authorities or, where appropriate, development associations with the object of public utility services will ensure development and approve, within 6 months decision on delegating the management of services or receipt of a proposal made by an interested investor, an opportunity study for the foundation and establishing the optimal solutions for delegating the management of services and documentation of the contract award management delegation.
(3) Duration of contract management delegation can not exceed 35 years from its establishment taking into account the duration required to recoup the investment laid down in the operator / operator through regional delegation contract. It may be extended under the same contractual conditions, whenever local government authority requires the operator to the proper execution of the service requires investments that could not be written off within the time remaining until the completion of the contract only by an excessive increase tariffs and taxes. Extension may be provided that the maximum duration of the contract does not exceed 49 years.
(4) The extension will be approved under par. (3) the deliberative authorities of the administrative-territorial units. Delegation contract will be extended under the law, through an addendum signed between operators and administrative units and between operators and regional development associations with the object of public utility services, based on the mandate received.
Chapter IV
Operators and Users
Section 1
operators of public utility services
Article 33
(1) The operator quality suppliers / providers of public utilities that operate under a license issued pursuant to Art. 38 of the competent regulatory authorities.
(2) The operators of public utility, under this law, the same rights and obligations in relations with local government authorities or users, regardless of the type of management adopted legal status or organizational form, nature capital, property type or country of origin in the European Union.
(3) Depending on the type of management adopted the service, operators can carry out effectively the supply / provision of public utility services only after issuing the decision of giving into administration - in case of direct or judgment award contract management delegation - for delegated administration.
(4) suppliers / providers of public utility services existing at the time of entry into force of this Law may continue their activity according to the provisions:
A) decisions granting administration adopted before the entry into force of this law, whether they operate in the manner of direct management;
B) concession contracts / management delegation validly concluded before the entry into force of this law, until their expiry, whether they operate in the manner of delegated administration.
(5) Provision / provision of public utility services without a license shall entail administrative or contravention, if appropriate, of the guilty and is grounds for revocation of the decision to grant administration, namely the judgment award and termination of management delegation agreement, as applicable.
(6) The operators referred to art. 28 para. (2) c) have the obligation to apply the legislation in force when awarding public contracts, public works concession contracts and service concession contracts to supply / provision of public utilities.
(7) operators suppliers / providers of public utility services have a duty to control and comply with the measures established during controls, and to make available empowered local authorities, associations intercommunity development with activities in public utility or, where appropriate, the competent regulatory authorities all required data and information.
Article 34
(1) Operators subordinate local authorities, having the status of companies under Law no. 31/1990, republished, as amended and supplemented, the capital of the administrative-territorial or regional operators can be privatized, under the law, provided it does not receive a management delegation agreement by not manage or direct award investment programs of local interest or inter-financing the establishment, modernization or development of utility service, publicly funded grants, including European funds.
(2) The decision on the privatization of operators / regional operators and choosing the method of privatization belong deliberative authorities of the administrative territorial units or, where appropriate, deliberative authorities of the administrative-territorial units members of intercommunity development association esta services public utilities that are also shareholders / associates of the regional operator.
(3) Privatization is organized and conducted in accordance with legal procedures in force. Simultaneously with the privatization of operators subordinated Delegator may proceed and the renegotiation of contract management delegation, on which the new operator will perform / service.
(4) The privatization of operators / regional operators will be done by private capital under competitive procedures under the Law on privatization.
(5) If intercommunity development associations with the object of public utilities, regional operators can be privatized only with the consent of all members of the association who and shareholder / associate regional operator.
(6) Operators subordinate local authorities, having the status of companies under Law no. 31/1990, republished, as amended and supplemented, the capital of the administrative-territorial or regional operators who have benefited from a management delegation agreement by direct award can not be privatized, not management attributable to private entities and can not associate the duration of the contract management delegation.
Article 35
(1) The companies regulated by Law no. 31/1990, republished, as amended and supplemented, providing / rendering services of public utilities holding appropriate license may participate, under the law, as operators, in competitions organized across other administrative-territorial units award of supplying the service.
(2) If the supply / rendering various types of services in the same town or the same service in several localities, the operator will keep a separate record of the activities with separate accounts for each service type and location of operation in part, as appropriate, so that its activities in different sectors and localities to be easily evaluated, monitored and controlled.
Article 36
(1) The legal relationships between operators and users of public utility services are contractual and legal relations are subject to the rules of private law.
(2) operators of public utility services to users have the following main obligations:
A) to ensure supply / provision of public utilities to limit property, the contractual and compliance requirements, standards and technical regulations in force;
B) to take immediate steps to remedy faults, faults or damage incurred in the operation of public utilities and to limit the duration of interventions;
C) to ensure installation, operation and metrological equipment at the branch metering user in accordance with technical norms;
D) natural or legal persons pay compensation for damage caused by negligence, including restrictions on landowners perimeter protection areas established according to the law;
E) to pay compensation for unwarranted disconnection of supply / rendering and users pay bonuses to the supply / provision of services under the parameters of quality and quantity stipulated in the contracts for supply / performance;
F) pay rent for the temporary use of land and bring the land affected by the work and objectives of intervention or investment in the state prior to the commencement of such works;
G) serve customers in the coverage area, in terms of rehabilitation programs, expansion and modernization approved;
H) comply with quality and performance indicators set by the management delegation agreement or ruling authority of local government grant administration;
I) to provide regular local authorities or the competent regulatory authorities information on the form of performance indicators to apply the methodology of comparing these indicators in relation to the operator with the best performance and ensure access on documentation and individual acts by which provide / providing public utility service under the law;
J) to conclude insurance contracts for infrastructure necessary to carry out activities in accordance with law.
(3) Operators of public utility services have the right to suspend or limit the supply / provision of services to users without paying any penalties, notice of five days in the following cases:
A) exceeded the legal deadline for paying bills established pursuant to Art. 42 para. (11);
B) failure to pay bills to recover damages determined by a final judgment, destruction or damage caused by construction or installation of infrastructure related to urban-urban localities, subject to their jurisdiction;
C) unauthorized use, without notice connection, supply agreement or contract for the supply / provision of public utilities;
D) preventing the delegate empowered by the operator to control utilization installations, installing, check or replace the meters read-recording or remedy damage to facilities run by the supplier when they are on the user's property;
E) branching or connection to public networks without the operator or other user facilities or changing without the operator in a work of art for repairs, reconstructions, modifications, upgrades or expansions, technical characteristics and / or parameters use plants.
(4) In cases of force majeure, as they are defined in the contract for delivery / service of public utilities, the provisions of par. (3) may apply on notice below the 5 days.
Article 37
(1) Interventions for carrying out refurbishment, maintenance and repairs to buildings or facilities related to public utility systems, established through annual programs agreed with local government authorities or, where appropriate, development associations esta public utilities, which require interruption of supply / rendering are presented to the user at least 10 days before the scheduled date.
(2) For the prevention or remediation of damage, public utility operators are entitled to cease providing / rendering of services without payment of any penalty and without notice, but no more than 24 hours.
(3) If necessary interventions to prevent further damage or to remedy damage exceeding 24 hours, they should be done within 72 hours and notify local authorities or, where appropriate, associations intercommunity development object of public utility services, users, land owners or property owners affected; during those interventions, operators are entitled to cease providing / rendering of services, payment penalties provided for in the contracts.
(4) Temporary occupation of land for intervention works, establishment, expansion, refurbishment, repair and overhaul planned systems of public utilities that run in a period exceeding 72 hours, will be on based prior consent of landowners and pay compensation due, established according to legal regulations. If during the execution of works produced damage in the vicinity owners of public utility systems, operators are obliged to pay compensation to them under the law.
(5) The operators of public utility services do not respond to users for interrupting the supply / rendering their quality or in cases of force majeure.
Section 2
Licensing
Article 38
(1) The licenses for the supply / provision of public utility services fall within the competence of the relevant regulatory authorities, as follows:
A) ANRSC - for the services referred to in art. 1, paragraph (2) a), b), c), e), f) and g);
B) *) ANRE - for the work provided for in art. 1 para. (2) d);
Note
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*) The provisions of art. 38 para. (1) b) as amended by Law no. 204/2012 published in the Official Gazette of Romania, Part I, no. 791 of 26 November 2012 shall apply from the date of entry into force of amendments and additions to the law on public service supply heat, according to art. II par. (1) of Law no. 204/2012.
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C) ARR - service provided in art. 1 para. (2) h).
(2) The licensing route, where local public transportation service is done by committees constituted for this purpose in the public administration.
(3) Possession of a license is mandatory, regardless of how service management adopted at the level of local authorities and the legal status, type of organization, nature of capital, property type or country of origin in the European Union operators.
(4) The license may be suspended or withdrawn following:
A) by the Romanian regulatory authority issuing licenses to operators in Romanian;
B) by the competent Romanian regulatory authority in case of suspension of licenses to foreign operators licensed in their home country.
(5) Operators from EU countries holding licenses in their home country, recognized by regulators Romanian correspondent, have the same rights and obligations as Romanian operators, the duration of validity.
(6) The license issued by the competent regulatory authorities shall be valid for a maximum of 5 years from the date of issue and entitles the operator, during its term in unlimited participation in procedures for the award of contracts for the delegation of management services, organized and conducted under this law.
(7) Regulations on licensing of operators of public utility is developed by the regulatory authority within whose remit is these services and approved by Government decision or order of the Minister of Transport, where appropriate, to entry into force of this law.
Article 39
(1) The supply / provision of public utility services is only permitted under the license issued or recognized, as appropriate, the competent regulatory authorities and contract management delegation, namely the decision of giving into administration.
(2) The operator is recognized only under a license issued or recognized, as appropriate, the competent regulatory authorities. Exceptions suppliers / providers are active at the date of entry into force of this law that are assimilated and operators who are required to obtain the license within one year from the date of entry into force of this law.
(3) Participation operators procedures for delegating management of public utility services organized by local government authorities or, where appropriate, development associations with the object of public utility services is only permitted under the license issued or recognized where appropriate, the competent regulatory authorities.
(4) Withdrawal or termination involves revoke the license grant administration on the contract award decision or management delegation, where appropriate, and leads to organize a new procedure for the selection of an operator under this law. Operator license withdrawal shall be notified at least 90 days before the period in which the operator concerned must furnish / provide service under the contract.
Article 40
The licensing of public utilities services will specifically aim, the following cumulative conditions:
A) knowledge and appropriation acts regulating public utility services;
B) managerial and organizational capability;
C) economic and financial capability;
D) equipment and technical capability.
Section 3
a
users
public utilities
Article 41
(1) The user quality beneficiaries of individual or collective, direct or indirect, of public utilities:
A) households individuals or associations of owners / tenants;
B) economic operators;
C) public institutions.
(2) Users, mainly the following rights:
A) use, free and non-discriminatory public utility, under the supply contract / supply;
B) to request and receive, under the law of contracts and supply / performance, compensations for damage caused by operators in breach of their contractual obligations or by providing / rendering of services inferior quality and quantity, technical parameters established by contract or technical norms;
C) to notify the competent local authorities or, where appropriate, intercommunity development associations with activities in public utility any deficiencies within public utilities and make proposals to remedy them, to improve and increase service quality;
D) to waive the law, the contracted services;
E) to associate non-governmental organizations for the protection, promotion and support of their own interests;
F) to receive and use information on local public services affecting them;
G) to be consulted, directly or through representative non-governmental organizations, in the drafting and adoption of decisions, strategies and regulations on the activities of public utilities sector;
H) apply, individually or collectively through representative associations, local authorities or central government, intercommunity development associations with activities in public utility or the courts, as appropriate, to prevent or repair injury directly or indirectly.
(3) For the payment of public utilities, certain categories of users, individuals enjoy under the law, social aid from the state budget and / or local budgets, as appropriate.
(4) Members of local communities, individuals or legal entities, in their capacity as users of public utilities in the following obligations:
A) comply with the rules of operation and functioning of the public utilities;
B) accept quantitative limitation or interruption of the supply / rendering provided for execution of works in rehabilitation programs, expansion and modernization of technical infrastructure;
C) pay the deadlines, the services provided / rendered;
D) ensure access to waste collection equipment to collection points, the intervention firefighting equipment as well as equipment operators, necessary for carrying specific public utility services in the areas of land or premises owned by any title, sidewalks and alleys around the buildings, regardless of the owner of the property or administration;
E) to observe rules of hygiene and public health established by the laws in force.
(5) Para. (2) and (4) have minimal character and develops the framework regulations and framework contracts for the supply / provision of services under the provisions of special laws of each public utility service.
Section 4
a
Supply / provision, contracting and invoicing of public utilities
Article 42
(1) The supply / provision of a local public service is performed in one of the following ways:
A) under a contract of supply or service contract concluded between the operator and the user directly;
B) by paying a fee or the cost of a ticket, if applicable;
C) by paying a special fee if the contract of supply or service provision between the operator and indirect user is not possible technically and commercially or where in the judgment of management delegation provided this way, the amount of the value of public service provided / rendered.
(2) supply contract of service or constitute legal document regulating the relationship between the operator and the user relating to the supply / provision, use, billing and payment of public utility service.
(3) For services provided / rendered continuous through pipe networks - cold water supply, sewerage and wastewater treatment, collection and disposal of storm water, hot water supply for consumption, supply heat for heating - supply contracts or of performance between the operator and end user indefinitely.
(4) The cost of public utilities shall be determined in accordance with the calculation method approved by the competent regulatory authority, on the basis of prices / tariffs and consumption / public utilities quantities supplied / provided, and paid as per invoice issued by the operator.
(5) Determination of consumption / quantities of public utilities for the billing is done by direct measurement using measurement systems-registration of consumption / utility quantities supplied / provided; measurement-recording systems are mounted on the branch that serves each user individually or collectively, to the point boundary installations, regardless of service, the operator or user.
(6) If existing condominium buildings, individualizing consumption of utilities in order to contract and individual billing is performed, depending on the distribution system adopted, either:
A) individual meters installed at the entrance to each apartment or space with another destination where horizontal distribution;
B) using cost allocators consumer devices mounted connections for each apartment or space with another destination, where the vertical distribution.
(7) The design and implementation of condominium buildings, regardless of destination, connected to public networks is mandatory equipping them with measurement systems for both consumption-recording the entire building, and each apartment or a room with another destination of the property in order to accommodate the individualization of consumption and the conclusion of individual subscription contracts.
(8) In the case of services for which no measurement-recording systems or direct measurement method can not be applied to determine consumption / quantities supplied / provided is in a fixed amount or by indirect methods, based on measurements and calculations with as basic technical requirements in force.
(9) The invoice for services provided / performed must be issued no later than the 15th of the month following the month in which the allowance has been made. Users of public utilities, natural or legal persons are obliged to pay the bills representing the supplied / provided within the time limit by 15 working days from receipt of invoices; issuing date is mentioned on the invoice. Payment due date on the invoice shall be counted from the date of invoice.
(10) Failure to pay the invoice by the user within 30 days of the due date brings delay penalties established under the regulations in force, as follows:
A) penalties are due on the first day after the due date;
B) penalties are equal to the interest paid to non-payment of term budgetary obligations;
C) amount of the penalty shall not exceed the invoice value and constitute the revenue of the operator.
(11) If the amounts due, including penalties were not paid after 45 days from receipt of invoice, the operator can interrupt the supply / provision of service with 5 business days notice and is entitled to seek recovery of debts in court.
(12) Resumption of provision / service provision is made within 3 days from the date of payment; expenses related to the suspension or resumption of the supply / provision of the service is borne by the user.
Chapter V Funding
public utilities
Article 43
(1) The expenditures of the current supply / provision of public utility services as well as maintenance, operation and functioning of related systems shall be made on economic and trade; financial and material resources for specific activities each service is ensured through income and expenditure budgets of the operators.
(2) Revenue collection operators is established by users in the form of prices or rates, amounts representing the supplied / provided and, where appropriate, of allocations from local budgets with the following principles: || |
A) ensuring financial autonomy of the operator;
B) ensuring cost-effectiveness and economic efficiency;
C) ensure equal treatment of public utilities relative to other services of general interest;
D) full recovery of costs by operators providing / rendering.
(3) Prices and tariffs for public utilities is based, with respect to the calculation methodology set by the regulatory authorities, based on production and operating costs, maintenance costs and repairs, the depreciation of immobilized tangible and intangible costs for environmental protection, financial costs related to loans contracted, costs arising from contract management delegation and include a quota for the creation of sources of development and modernization of public utility systems and share advantage.
(4) Establishment, adjustment and modification of prices and tariffs for public utilities are made according to calculation methods developed by the competent regulatory authorities.
(5) pay the charges for public utility services are proposed by operators and fixed, adjusted or amended by decisions of the deliberative authorities of the administrative territorial units or, where appropriate, associations of intercommunity development object public utility activity, observing methodologies developed by the appropriate regulatory authority. Decisions deliberative authorities of the administrative-territorial units or, where appropriate, associations of intercommunity development object of public utility services in the name and on account of administrative-territorial units will take into account, where appropriate, specialized endorsements of relevant regulatory authorities.
(6) In the case of delegated disputes concerning the establishment, adjustment or change prices and / or tariffs made between the local government and operators or between development associations with the object of public utilities and operators, where appropriate, the competent courts settled law.
(7) Prices, tariffs and special taxes established and charged with breach of this law are null and proceeds unwarranted and identified as such by regulators shall be returned to users that have been collected or budgets local, as appropriate.
(8) for the provision of related services of public utility services, such as issuing agreements and approvals, technical and economic documents checking, technical expertise, service utilization installations and the like, charges and fees are based on the types of works or services provided by operators and approved by decisions of the deliberative authorities of the administrative territorial units or, where appropriate, associations of intercommunity development object of public utility services in the name and on behalf of the administrative-territorial units. These services are billed and collected separately by operators / regional operators.
(9) Operators have the right to propose local public authority rates composite comprising a fixed component proportional expenditures needed to maintain the running and operation of safe and efficient public utility systems, and a variable, depending on actual consumption measuring devices recorded record-mounted taps users, delimitation points facilities. Rates are based composite taking into account the proportion of fixed and variable costs in annual costs and fixed in accordance with the methodology developed by the appropriate regulatory authority.
Article 44
(1) Financing and investments related to public utility systems are in compliance with current legislation regarding the design, rationale, promotion and public investment approval, under the following principles:
A) promote cost-efficiency and effectiveness;
B) that the revenues from these activities in local communities and their use for development services and related technical infrastructure;
C) strengthening the fiscal autonomy of administrative-territorial units to create the necessary financial means to operate services;
D) strengthening local autonomy on contracting and guaranteeing of internal and external loans needed to finance technical infrastructure for services according to the law;
E) compliance with applicable legislation on public procurement;
F) the legal provisions concerning the quality and discipline in construction, urban planning, land management and environmental protection.
(2) capital expenditures of public investment to achieve the objectives of administrative-territorial units, related to public utility systems, ensure the following sources:
A) the operators' own funds and / or funds from the local budget, in accordance with its obligations under the legal acts on which it is organized and conducted management services;
B) bank loans that can be guaranteed by the administrative-territorial units of the Romanian state or other entities specializing in the provision of bank guarantees;
C) grants obtained through bilateral or multilateral arrangements;
D) special funds set up on the basis of special taxes imposed on the local authorities, according to the law;
E) funds transferred from the state budget, as participation in co-investment programs carried out with external funding and budgets of certain principal officers of the state budget;
F) of private capital in public-private partnership contracts "build - operate - transfer" and variations thereof, under the law;
G) funds made available to users;
H) other sources constituted according to law.
(3) The territorial units or, where appropriate, operators / regional operators receiving financial grants from the European Union or loans from international financial organizations to conduct public investment programs for area or regional interest setting up, modernizing and / or developing the technical infrastructure related to public utility services have the obligation to hold, supply and use of a reserve fund. This fund is intended for maintenance, replacement and development of utility service or parts of their structure and securing the funding needed to pay debt service related co-financing these investment projects. Reserve Fund, hereinafter MRD are set up and used in accordance with the provisions of the Emergency Government Ordinance no. 198/2005 on the creation, supply and use of the Fund for maintenance, replacement and development of infrastructure for development projects that benefit the non-reimbursable financial assistance from the European Union, approved by Law no. 108/2006, as amended and supplemented.
(4) The goods made in the investment programs of the administrative-territorial public domain of administrative-territorial units, whether publicly funded or owned by their public duties as return goods if they were made privately funded investment in programs undertaken by the operator by supplying the service contract at its expiry.
(5) targets specific public investment related technical infrastructure of public utilities, involving funds from local budgets, transfers from the state budget and EU funds, promoted by local government authorities or, where appropriate, the development associations with the object of public utility services in the name and on account of administrative-territorial units, are nominated in the annual lists of investments attached to local budgets, respectively intercommunity development associations with the object of utility public as appropriate and agreed with them by decisions of the deliberative authorities of the administrative territorial units or, if applicable, the respective general meetings of associations.
(6) The investment objectives mentioned in para. (5) shall respect the legal provisions on the development, approval and approval of documentation execution of legal provisions authorizing the execution of construction works, as well as spatial planning documents and approved according to law.
(7) Management of assets belonging to public or private domain of administrative-territorial units, related to public utility systems is done with the diligence of a good owner.
Chapter VI Liabilities and Sanctions
Article 45
Violation of this law will result in disciplinary, civil, administrative or criminal case, the guilty persons.
Article 46 *)
Note
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*) Is repealed from 1 February 2014, according to Art. 174 in conjunction with art. Law No. 247 dn. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012.
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Intentional conduct against a local by mass poisoning, causing epidemics infestation water sources, serious damage or total or partial destruction of facilities, tools, equipment and facilities related to public utility systems is considered act of terrorism and punished according to law.
Article 47
(1) In the field of public utilities and is punishable by a fine of 500 lei to 1.000 lei following facts:
A) refusal to allow users access to metering devices operator-registration, control purposes or for consumption registration carrying out maintenance and repairs;
B) failure by users to the payment terms for the services provided / rendered or deadlines for completion of individual metering action at the apartment;
C) connection to public utility systems without supply agreement / takeover or opinion branching / attachment issued by the operator;
D) use without a contract for the supply / provision of public utilities;
E) unauthorized modification by users of the facilities, machinery, equipment and facilities related to public utility systems.
(2) Any threats in the field of public utilities and is punishable by a fine of 5.000 to 10.000 lei following facts:
A) operator's refusal to allow users access to metering devices, recording consumption when they are installed in the facilities under its management;
B) undue delay operators plugging / connect new users and imposing solutions branching / connection inadequate technical and economic point of view and inconsistent regulatory acts and regulations set by national regulatory authorities;
C) unjustified stop the service or refuse to refuel users after paying outstanding debts to date.
(3) Any threats in the field of public utilities and is fined from 10,000 to 50,000 RON following facts:
A) breach of the regulations by the operators of technical and / or commercial purposes, including the general regulations of public utility services established by the competent regulatory authorities and licenses associated with non-compliance;
B) refusal operators to provide data relevant regulatory authorities and / or the required information or providing incorrect and incomplete data and / or information needed for their activity;
C) the supply / provision of public utilities outside the technical parameters and / or qualitative adopted in the supply contract / supply or those established through regulations and / or commercial adopted by the regulatory authority;
D) failure by operators to deadlines set for completion of action metering taps users;
E) failure by administrative units or the development associations with the object of public utility provisions of this Law and other relevant regulations of public utility services or the failure or improper fulfillment of measures imposed by the authorities regulatory authorities.
(4) Any threats in the field of public utilities and is fined from 30,000 to 50,000 RON following facts:
A) refusal operators to control and to allow checks and inspections required by law or ordered by the competent regulatory authority and obstructing it in carrying out its duties;
B) not applying measures established during control activities;
C) the supply / provision of public utility services by the operators without a license issued under this law or whose license has expired;
D) the supply / provision of public utilities without judgment by granting administration in case of direct or without management delegation agreement, in case of delegated;
E) pricing and / or unapproved or higher rates than those approved by local government authorities or, where appropriate, development associations with the object of public utility, under procedures by authorities regulatory authorities;
F) delegation of the management of public utility services in violation of this law, legislation specific to each service or procedure delegation;
G) approving the investment objectives related public technical infrastructure of public utilities in violation of planning documents, spatial planning and environmental protection, adopted under the law;
H) failure by operators of public hygiene protection rules and human health, the environment of life and the environment;
I) failure of the administrative-territorial units of art. 50 para. (4) relating to the reorganization of public utilities management in the manner provided for in art. 22 and to reorganize autonomous suppliers / providers in accordance with Art. 3 paragraphs. (4) art. 28 para. (2) and art. 29 para. (4).
(5) deliberative authorities of the administrative territorial units may, according to Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented, and other facts than those provided in par. (1) - (4), which is in contravention of public utilities services.
(6) Para. (3) a), b) and c) of par. (4) a), b) and c) be applied to the economic operators installing and / or operating systems to share costs.
Article 48
(1) The contraventions stipulated in art. 47 and apply the sanctions, according to the powers set out in this law, the authorized representatives of the Minister of Administration and Interior *), the Transport Minister of Presidents ANRSC, ANRE, ARR, National Guard Environment under the Ministry of Environment and Climate Change, presidents of county councils, of mayors and where appropriate, the presidents of associations of intercommunity development object of public utility services under the mandate it was given by the administrative-territorial States.
Note
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*) Ministry of Interior was reorganized into the Ministry of Interior and Ministry of Regional Development and Public Administration, according to Art. 1 and 2 of Government Emergency Ordinance no. 96/2012 establishing measures to reorganize the central public administration and amending certain legislative acts published in the Official Gazette of Romania, Part I, no. 884 of 22 December 2012 with subsequent amendments.
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(2) In order to establish contraventions set out in art. 47 authorized representatives under par. (1) have access, if necessary, under the law, buildings, facilities, installations and any other place where they use the right to check installations and make measurements and tests. Both operators and users are required to provide the proxies documents relating to public utility service supplied / provided.
(3) The police are obliged to provide, upon request, support the proxies.
(4) The provisions relating to offenses under Art. 47, para. (1) - (3) of this article shall be supplemented by Government Ordinance no. 2/2001, approved with amendments by Law no. 180/2002, as amended and supplemented, except art. 28.
Chapter VII Transitional and Final
Article 49
(1) suppliers / providers at the entry into force of this law do not hold a license, but supplying / providing public utility services either under direct management, delegated administration either have an obligation to seek and obtain been issued within one year of the entry into force of this law, if the special law provides otherwise. Otherwise, they lose the right to provide / perform those services and the contracts are terminated.
(2) To obtain a license, suppliers / providers under par. (1) are required to prove that they have all the permits and authorizations needed to run the service, provided by legislation for its specific activities.
(3) If the direct award of contract management delegation of public utilities, licensing is condition precedent for the execution of the contract delegating management. Supplier / provider has the obligation to request and obtain license application within three months of signing the contract management delegation. Otherwise, the management delegation agreement is null and void and further delegation of the management of these services can be made only in compliance with art. 29 para. (8).
(4) Licenses issued by the competent regulatory authorities until the entry into force of this law retain their validity.
Article 50
(1) Rules of organization and functioning of ANRSC provided for in art. 14 para. (1), approved by Government Decision **) within one year from the date of publication of this law in the Official Gazette of Romania, Part I.
Note
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**) See footnote related art. 14 para. (1).
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(2) Framework Regulations and the Framework specifications specific to each public utility service under Art. 22 para. (4) and framework contracts for the supply / provision of services under Art. 23 para. (2) shall be developed by the national regulatory authorities, as appropriate, and approved by order of the head thereof, within one year from the date of publication of this law in the Official Gazette of Romania, Part I.
(3) Local councils will introduce content regulations, specifications and service management delegation contracts specific clauses concerning the organization, operation, management and financing of public utilities, namely management, operation and financing of the investment objectives technical and management infrastructure of settlements, according to their specific interests and current and future communities.
(4) Within one year of the entry into force of this law, local government authorities will proceed with the reorganization of public utilities, in the manner provided for in art management. 22.
Article 51
(1) The collective labor contract concluded at branch level public utilities will be applied by all operators suppliers / providers of public utilities regardless of how the administration adopted or form of ownership, organization or country give the operator's home.
(2) The right to strike in the vital field of public utility services - water supply, sewerage and waste water treatment, sanitation, heat supply, public lighting and public transport - is subject to restrictions applicable to branches of activity not can declare strike with total interruption of business. Open during labor disputes and their settlement period ensures continuity of service and respect for the principle of minimum service and take measures to ensure safe operation and functioning of systems and for avoiding accidents or ecological impact on health.
(3) Settlement of contractual disputes between operators and users, including those arising from non-payment for the services provided / performed, is done according to the law and the competent courts shall be tried in emergency procedure. An application to the courts in whose jurisdiction is home / office user.
(4) Settlement of disputes between administrative units or, where appropriate, the development associations with the object of public utilities and operators in connection with the award, the conclusion, performance, amendment and termination of management delegation as well as those relating to indemnification shall be according to Law no. 554/2004, as amended and supplemented. An application to the Administrative Litigation Division of the court in whose jurisdiction the registered operator.
(5) Disputes between administrative-territorial units members of a community development associations with the object of public utilities and association shall be settled according to Law no. 554/2004, as amended and supplemented. An application to the Administrative Litigation Division of the court in whose jurisdiction the registered association.
(6) Settlement of disputes in civil and labor arising from implementation of this law shall be courts of competent under the law.
Article 52
State aid measures provided for in this Act shall be notified, according to Law no. 143/1999 *) on state aid, republished, and will be granted only after their authorization by the Competition Council, under the criteria set out in secondary legislation on state aid.
Note
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*) Law no. 143/1999 was repealed by Government Emergency Ordinance no. 117/2006 on rational procedures in state aid published in the Official Gazette of Romania, Part I, no. 1042 of 28 December 2006, approved with amendments by Law no. 137/2007.
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Article 53
Notaries public will not authenticate the documents on sale of companies or firms governed by Law no. 31/1990, republished, as amended and supplemented, without proof of payment to date of liabilities for public utility services that they are encumbered issued by suppliers / providers of these services. If the asset to be alienated is an apartment in a condominium property block is required and proof of payment to date of debt issued by the association of owners.
Article 54
This law comes into force one year after its publication in the Official Gazette of Romania, Part I, except art. 42 para. (7).
Article 55
With the entry into force of this law, the Law No public utility services. 326/2001 published in the Official Gazette of Romania, Part I, no. 359 of 4 July 2001 amended and supplemented, and Government Decision no. 373/2002 on the organization and functioning of the National Authority for Regulating and Monitoring Public Procurement - ANRSC, published in the Official Gazette of Romania, Part I, no. 272 of 23 April 2002 as amended and supplemented.
Note
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NOTE: We reproduce below the provisions that were not included in the republished Law utilities services no. 51/2006 and which still apply as provisions of modifying documents: 1. Art. II of the Emergency Government Ordinance no. 13/2008, as amended by Law no. 204/2012 "Art. II - (1) Proceedings Framework organization, execution and management delegation award, referred to in Art. 31 **) para. (1) of Law no. 51/2006, as amended and supplemented by this emergency ordinance, selection criteria framework referred to in art. 31 **) para. (5) and the framework contract delegating management of public utility services are developed by the National Regulatory Authority for Community services of public Utilities and approved by Government decision within 90 days of the entry into force of this emergency ordinance. the framework contract for delegating the management of public utility services is a model and adapt according to the needs and specific situations administrative units.
--------- **) Art. 31 para. (1) and (5) have become in the republished Law no. 51/2006 art. 30 par. (1) and (5).
(2) constitutive Act and statute framework of intercommunity development associations with the object of public utility services are developed by the Ministry of Regional development and Public administration and approved by Government decision within 90 days of the entry into force of this emergency ordinance.
(3) The effective date of this ordinance are hereby repealed: Government Decision no. 1.591 / 2002 approving the Regulation for organization and functioning of public services of water supply and sewerage, published in the Official Gazette of Romania, Part I, no. 85 of 11 February 2003, as amended, Government Decision no. 1.353 / 2003 approving the Framework Regulations and the Framework Contract management delegation of public services of water supply and sewerage, published in the Official Gazette of Romania, Part I, no. 903 of 17 December 2003, Government Decision no. 1.561 / 2004 approving the Framework Regulation of public lighting services, published in the Official Gazette of Romania, Part I, no. 950 of 18 October 2004, as amended, Government Decision no. 433/2004 approving the Regulation for organization and functioning of public sanitation services, published in the Official Gazette of Romania, Part I, no. 351 of 22 April 2004, as amended, Government Decision no. 346/2004 approving the Regulation for management delegation localities sanitation public services and the Framework Contract management delegation localities sanitation public services concession published in the Official Gazette of Romania, Part I, no. 323 of 14 April 2004 and any other contrary provisions. "
(2) Framework Regulations and the Framework specifications specific to each public utility service under Art. 23 para. (4) *) of Law no. 51/2006, as amended and supplemented, as well as framework contracts for the supply / provision of public utility services under Art. 24 para. (2) **) of the same law in force at the date of publication of this law, updated in accordance with its provisions by the competent regulatory authorities, as appropriate, and approved by order of the head of them, within a year the publication of this law in the Official Gazette of Romania, Part I. "
2. Art. II of Law no. 204/2012" Art. II. - (1) The provisions relating to the repeal letter d) of par. (2) art. 13 and the provisions of par. (4) art. 13 and lit. b) to par. (1) art. 38 of Law No public utilities services. 51/2006, as amended and supplemented, and those made by this Act shall apply from the entry into force of amendments and additions to the law on public service supply heat.
--------- *) Art. 23 para. (4) became the republished Law no. 51/2006 art. 22 para. (4). **
) Art. 24 para. (2) became the republished Law no. 51/2006 art. 23 para. (2).
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