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Law No. 138 Of 30 April 2013 Amending Law No National Archives. 16/1996

Original Language Title:  LEGE nr. 138 din 30 aprilie 2013 pentru modificarea şi completarea Legii Arhivelor Naţionale nr. 16/1996

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LEGE no. 138 138 of 30 April 2013 to amend and supplement National Archives Law no. 16/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 253 253 of 7 May 2013



The Romanian Parliament adopts this law + Article I National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 71 of 9 April 1996, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -Constitute historical sources and make up the National Archival Fund of Romania the documents created over time by state bodies, public or private economic, social, cultural, military and religious organizations, by authorized individuals, professionals who operate under a special law and individuals. These documents the state provides for special protection, under the conditions of this law. " 2. Article 18 is amended and shall read as follows: "" Art. 18. -(1) In case of declaration of bankruptcy, under the law, of a creator of documents, without its activity being continued by another, documents with historical value, within the meaning of art. 2, are taken over by the National Archives or the county services/Bucharest Municipality Service of the National Archives, and the documents with practical value, on the basis of which copies, certificates and extracts on the rights relating to Contribution internships to social insurance of citizens, shall be handed over, on a contract basis, to economic operators authorized in the provision of archival services. ((2) In case of termination, under the law, of the activity of an authorized natural person or of the activity of a professional who operates under a special law, who are creators of documents, or if they request, expressly, to take over the archive already created, the documents that make up the archive can be retrieved by the associated physical person, by the associate professional or by the professional organization of which they belong, at the request express them. ((3) The documents with practical value, on the basis of which copies, certificates and extracts on the rights of citizens relating to the contribution internships in the unitary public pension system, located at the territorial pension houses, are issued with priority, on the basis of contract, to economic operators authorized in the provision of archival services, at their request. (4) In the case of legal entities for which bankruptcy was declared, the financing of the transfer of the archive to an economic operator authorized to provide archival services will be made, as a priority, by the liquidator, from the liquidation fund, in conditions art. 4 4 of Law no. 85/2006 on insolvency proceedings, with subsequent amendments and completions, or, as the case may be, from the debtor's estate. (5) In order to achieve the activities provided in par. (1)-(4) the obligation to notify the National Archives or, as the case may be, of the county services/Bucharest Municipality Service of the National Archives, as follows: a) by liquidators: regarding the opening of the insolvency proceedings of a creator or holder of documents and, within 15 days from the conclusion of the contracts provided in par. ((1), regarding the identification data of economic operators authorized in the provision of archival services to which the documents of the dissolved creators were handed over for storage and administration; b) by the economic operators referred to in lett. a), in compliance with the 15-day period from the conclusion of the contracts provided in par ((1) on the documents taken on the basis of the contracts provided in par. ((1); c) by natural or legal persons, including territorial pension houses, which have in storage or custody the archives of the creators of documents abolished with regard to the surrender of the archive and, within 15 days from the conclusion of the contracts provided for in par. ((1), regarding the identification data of economic operators authorized in the provision of archival services to which the documents of the dissolved creators were handed over for storage and administration. (6) For the purpose of public information, the obligation to publish relevant information on the situation of documents taken from dissolved creators is established, as follows: a) for economic operators referred to in par. (1), by any means accessible to the public; b) for the National Archives, as a result of the notification provided in par. (5), through its own website. " 3. Article 18 ^ 1 is amended and shall read as follows: "" Art. 18 18 ^ 1. -(1) Economic operators may provide storage, preservation, restoration, binding, archival processing and use of documents of practical value which they hold, hereinafter referred to as archival services, only after obtaining operating authorization from the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be. (2) The operating authorization shall be issued, for a fee, according to the legal provisions, for one or more archival services, if the conditions relating to: a) professional competence-the economic operator has staff employed with employment contract, having the professional training necessary to provide archival services; b) the material basis-the economic operator has sufficient material resources, such as: equipment, spaces, facilities for personnel in order to start and carry out the activities provided in par. ((1); c) the existence of internal archival practice regulations, in accordance with the provisions of the law. (. The operating authorization shall be issued for a period of 3 years and may be renewed for the same period. (4) The operating authorization shall be renewed obligatorily, before the end of the period provided in par. (3), in case of change of main office, merger or division of the economic operator authorized to provide archival services. (5) For the renewal of the operating authorization, the economic operator authorized to provide archival services shall submit to the National Archives or to the county services/Bucharest Municipality Service of the National Archives, as the case may be, the documentation updated which proves the fulfilment of the conditions provided in par. ((2). ' 4. After Article 18 ^ 1, seven new articles are introduced, Articles 18 ^ 2-18 ^ 8, with the following contents: "" Art. 18 18 ^ 2. -(1) The operating authorization shall be suspended by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, for a period that will not be able to exceed 3 months, in the following situations: a) when it is found that the economic operator authorized to provide archival services no longer meets the conditions that were the basis for its release, according to art. 18 ^ 1 para. ((2); b) when the economic operator authorized to provide archival services carries out other archival services than those for which the operating authorization was issued; c) when the economic operator authorized to provide archival services was sanctioned contraventionally at least 3 times in a year, for acts provided by this law. (2) The suspension of the operating authorization shall enter into force within 5 days from the date of notification by the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be. (3) The suspension of the operating authorization consists in prohibiting the right of the economic operator providing archival services to conclude contracts on the provision of archival services. During the suspension period and until the date set out in the notification provided for in paragraph (2), the economic operator authorized to provide archival services has the obligation to order the necessary measures to remove or terminate the situations that were the basis for the suspension. (4) The contracts provided in par. (3), concluded during the suspension period, are hit by absolute nullity. Art. 18 ^ 3. -(1) The operating authorization shall be withdrawn by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, in the following situations: a) at the request of the economic operator authorized to provide archival services; b) when the economic operator authorized to provide archival services provided documents containing erroneous information on the occasion of the request for the issuance/renewal of the operating authorization; c) when, upon the period of suspension of the operating authorization ordered according to art. 18 ^ 2 para. ((1) lit. a), the economic operator does not meet the conditions that were the basis for its release; d) when the economic operator authorized to provide archival services does not comply with the prohibition established in art. 18 ^ 2 para. (3) or does not fulfill its obligations until the date set in the notification communicated by the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be; e) in case of suspension of the operating authorization, twice in a period of one year; f) when the economic operator authorized to provide archival services has not carried out archival services for 2 years from the date of issuance of the operating authorization. (. The operating authorization shall be withdrawn: a) from the date requested by the authorized economic operator to provide archival services; b) within 30 days from the date of notification by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, in the situations provided in par. ((1) lit. b)-f). Article 18 ^ 4. --(1) Contracts having as object the provision of archival services must contain express clauses regarding the transfer of documents taken by the authorized economic operator to provide archival services, in case of cessation of activity to another economic operator authorised to provide archival services. (2) Contracts concluded with non-compliance with the obligation provided in (1) are hit by absolute nullity. Art. 18 ^ 5. -The notification procedure and the content of the notification provided for in 18 18 para. ((5), the data to be entered in the register provided for in art. 18 ^ 7 para. (1) and the conditions regarding its management, as well as the procedures for issuing, renewing, suspending or withdrawing the authorization shall be established by methodological norms, approved by order of the Minister of Internal Affairs, which shall be published in Official Gazette of Romania, Part I. Art. 18 ^ 6. -(1) Creators and/or holders of documents, legal persons, who change their property regime or change their object of activity, as well as the new holders who take over the estate have the obligation to order measures to preserve, preservation and record of the archive, under the conditions provided by law. (2) Creators and/or holders of documents referred to in par. (1), as well as economic operators authorized in the provision of archival services are obliged to take measures against destruction, degradation, evading or marketing without right of documents from the archive. (3) Storage of the documents referred to in par. (2) is made in spaces and in appropriate conditions, approved by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be. (4) The work card shall be handed over to the rightholders or to their legal successors, as the case may be. Art. 18 ^ 7. -(1) The National Archives shall ensure the general record of economic operators authorized to provide archival services, through the Register of economic operators providing archival services. (2) The register provided in par. ((1) has a public document character. The access of persons to this information is carried out in compliance with the deadlines and procedures provided by the legal regulations on free access to information of public interest. Art. 18 ^ 8. -(1) By exception to the provisions of this law, notarial offices, chambers of public notaries and the National Union of Public Notaries of Romania, as the case may be, are the only entities that own, manage, preserve and protect the archives Notary. Such entities shall exercise their powers as provided for in this paragraph without the fulfilment of any prior authorisation. (2) Notary offices, chambers of public notaries and the National Union of Public Notaries, as the case may be, may hold, administer, preserve and protect other archives than notary ones, with the fulfilment of all the conditions provided by this law. " 5. Article 21 is amended and shall read as follows: "" Art. 21. -(1) Creators or holders of documents or, as the case may be, their successors in their rights are obliged to release, according to the law, at the request of natural persons and legal persons, certificates, certificates, copies and extracts from the documents they create or hold, including those for which the deadline provided for in art. 13 13, if they relate to rights which concern the applicant. (2) The services provided by the National Archives for the resolution of the requests of individuals and legal entities shall be carried out, for a fee, under the conditions provided by law. (3) Archival services provided under the conditions of par. (1) by economic operators authorized in the provision of archival services shall be carried out for a fee, based on tariffs whose maximum limits are established by the National Union of Insolvency Practitioners in Romania, with the opinion of the Archives National. " 6. In Article 29, letter h) is amended and shall read as follows: " h) non-compliance with the obligations provided in 18 18 para. ((4) and para. ((5) lit. a), art. 18 ^ 1 para. ((1) and (4), art. 18 18 ^ 6 and art. 21 21 para. (1), as well as the practice of archival services with exceeding the maximum limits established according to art. 21 21 para. ((3); '. 7. In Article 29, after letter h) a new letter, letter i) is inserted, with the following contents: "i) non-compliance by all creators and holders of documents of the conditions of preservation, preservation, enhancement, advertising, as well as those of access to documents, under the law." + Article II (1) Economic operators who, on the date of entry into force of this law, provide archival services shall have the obligation within one year from the date of entry into force of this law to apply for the issuance of the operating authorization, under the conditions Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law. (2) Economic operators providing archival services that, at the time of fulfillment of the deadline provided in par. ((1) do not meet the conditions laid down by Law no. 16/1996 , with subsequent amendments and completions, as well as with those brought by this law, ceases its activity in the field of archival services. ((3) The sanction provided for in art. 18 ^ 4 para. ((2) of Law no. 16/1996 , with subsequent amendments and completions, as well as with those brought by this law, also operates in the case of contracts concluded before the entry into force of this law, if at the time of fulfillment of the deadline provided in par. ((1) does not comply with Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law. + Article III Archives created by the persons referred to in art. 1 1 of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, and taken into custody by legal persons, based on the agreement of the National Archives, until the date of entry into force of this law, remain in the custody those legal entities. + Article IV (1) In the case of the creators of documents abolished on the date of entry into force of this law and whose archive exists, the documents with historical value within the meaning of the provisions art. 2 2 of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, shall be taken over by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, and the documents with practical value, on the basis of which copies, certificates and extracts of rights relating to the social security contributions of citizens are issued, shall be surrendered, on the basis of a contract, to economic operators authorised in the provision of archival services. (2) In the case of the creators of documents abolished on the date of entry into force of this law, the documents of which are in storage or in custody in natural or legal persons, including the territorial pension houses, the financing of the transfer the archive to an economic operator authorized to provide archival services will be made from the budget of the authorized operator of archival services. (3) For the situation referred to in par. ((1), the provisions art. 18 18 para. ((5) and (6) of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, shall apply accordingly. + Article V Within 60 days from the date of entry into force of this law, by order of the Minister of Internal Affairs, the methodological norms provided for in art. 18 ^ 5 of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law. + Article VI National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 71 of April 9, 1996, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament under the conditions of art. 147 147 para. (2), in compliance with art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, April 30, 2013. No. 138. ----------