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Law No. 186 Of June 25, 2013 Regarding The Establishment And Operation Of Industrial Parks

Original Language Title:  LEGE nr. 186 din 25 iunie 2013 privind constituirea şi funcţionarea parcurilor industriale

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LEGE no. 186 186 of 25 June 2013 on the establishment and operation of industrial parks
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 421 421 of 11 July 2013



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Object and purpose of regulation (1) The present law regulates the legal regime of establishment, organization and functioning of industrial parks, including existing ones. (2) The purpose of the present law is: a) stimulating direct, domestic and foreign investments, in industry, services, scientific research and technological development and innovation; b) regional development; c) development of large, medium and small enterprises; d) creation of new jobs. + Article 2 General principles The establishment and functioning of industrial parks are governed by the following general principles: a) equal treatment for all residents of the park; b) not involving the park manager in abusive practices against park residents; c) the obligation to comply with internal regulations by all residents of the park d) stimulating the establishment of new jobs in order to capitalize on local or regional human potential. + Article 3 Definitions of terms and expressions In the present law, the following terms and phrases have the following meaning: 1. the administrator of the park-legal person of private, Romanian and/or foreign law, established under the law by the founders in order to constitute an industrial park, to acquire and hold the title of industrial park, issued according to the provisions of this law by the specialized body of central public administration or by Government decision, in the case of old industrial platforms privatized according to a Government decision on industrial park concept, respectively manage and manage, in accordance with this law, the industrial park; 2. common maintenance expenses-the amounts of money due to the park manager, by the residents of the park, including by those provided within the provisions of art. 10 10 para. ((4), monthly, on the basis of the contract of administration and related service provision, or, under the law, as the case may be, representing the value of the share-proportional part of the expenses incurred monthly by the park administrator with the works and maintenance, repair and/or modernisation services agreed, as appropriate, on the common infrastructure, calculated and invoiced by the park manager, in accordance with the regulation adopted in this regard; 3. individual maintenance expenses-amounts of money due to the park manager by the park resident, monthly, based on the management contract and related services, representing the value of the expenses incurred monthly by the park manager with the works and maintenance, repair and/or modernisation services agreed, as the case may be, on the exclusive infrastructure related to the unit forming the object of that contract, calculated and invoiced by to the park manager, in accordance with the regulation adopted in this meaning; 4. value utilities-amounts of money established and due to the administrator by the residents of the park, based on the lease contract or the contract of administration and related services, contracts concluded according to the legislation specific; 5. management contract and related services-the contract concluded in written form between the park manager and the resident of the park, establishing the legal framework governing the legal relations between the administrator park and park resident, in the sense that it regulates their reciprocal and interdependent rights and obligations to ensure the use of one or more units, as well as ensuring all and any necessary utilities and services activities carried out within the industrial park, of which we list, with Exemplary title: supply of natural gas, thermal energy, water, sewerage services, telecommunications services, use of transport routes of any kind built on the land within the perimeter of the industrial park, by the administrator the park, in exchange for payment of their consideration by the resident of the park; 6. the declaration of eligibility-the affidavit made by the holder of the application for the award of the industrial park title, certifying the cumulative fulfilment of the substantive conditions provided by art. 5 5 times of art. 17 17, as applicable; 7. major deficiency-the cause of revocation of the title of industrial park, under the conditions of this law, which consists either of the cumulative failure of the substantive conditions for the granting of the title of industrial park, regulated by the provisions of art. 5, respectively art. 17, as the case may be, or from the violation by the administrator of the park of any obligation incumbent on him according to 11 11 para. ((1); 8. the specialized direction-the specialized direction that operates within the central apparatus of the Ministry of Regional Development and the Public Administration empowered, by decision of the Government, to exercise the duties incumbent, according to the law, the specialized body of the central public administration in the field of industrial parks; 9. the eligibility documentation-the documents representing the application for the title of industrial park, the declaration of eligibility and the documents provided in art. 6, respectively those provided for in art. 18 18, as applicable; 10. founders-local public administration authorities, private or foreign natural or legal persons, together or separately, who initiate the establishment of an industrial park, according to this law, and: (i) constitute and register a commercial company-the manager of the park-who requests the specialized body of the central public administration to issue the title of industrial park, after going through a specific procedure; (ii) winners of the privatization and adjudication process of those state-owned companies, which owned, at the time of privatization, existing industrial platforms, on which the Government approved the privatization in the form of industrial parks, and, subsequent to the conclusion of the contract with the public institution involved in the privatization process, exercise the right of option for granting the title of industrial park in favor of the administrator the park, according to the simplified procedure, provided by this law; 11. briefings-any information of public interest regarding the organization, operation and development of the industrial park; 12. industrial park infrastructure-construction assembly, installations, power supply systems, telecommunications networks, gas supply networks, water supply networks, sewerage networks, transport routes, roads built on the land in the perimeter of the industrial park that is owned by the park manager or, as the case may be, of the residents of the industrial park, parking lots and internet services; 13. the common infrastructure-an integral part of the infrastructure of the industrial park consisting of the parts intended for the common use by all the residents of the park of constructions, installations, parts of the food systems with electricity, telecommunications networks, gas supply networks, water supply networks, sewerage networks, as well as transport routes of any kind built on the land related to industrial park, parking lots and services internet; 14. exclusive infrastructure-an integral part of the industrial park infrastructure consisting of buildings, installations, parts of power supply systems, telecommunications networks, power supply networks gas, water supply networks, sewerage networks related to existing units within the industrial park; 15. green field industrial park, agropark, scientific-technological, technological, business, logistic and innovative, industrial and others, initiated by the founders-the related land and the infrastructure of the industrial park, including those already existing; as the case may be, the property of the residents of the industrial park may include, where appropriate, other buildings the property of third parties, which represent the area thus delimited within which economic activities are carried out, research scientific, scientific research and/or technological development, agro-industrial, logistic and innovative, industrial, etc., in a regime of specific facilities, by the residents of the park, in compliance with the principles enshrined in art. 2 2; 16. penalties-compensatory damages assessed anticipated by means of regulations, due by those who violate the obligations arising from the provisions of this law, regulations and/or the contract of administration and provision of related services, either residents or park manager, as appropriate; 17. industrial platform-the land and the construction assembly, installations, power supply systems, telecommunications networks, gas supply networks, water supply networks, sewerage networks, transport routes and the premises built on it, in order to develop any economic activities; 18. the existing industrial platform-any industrial platform built before December 22, 1989, owned by state-owned companies, on which the Government approved the privatization strategy in the form of of industrial parks; 19. simplified procedure-administrative procedure for granting the title of industrial park for existing industrial platforms, under the special conditions provided by this law, at the request of the founders, who opt in this regard, after having won at the privatization process and awarded their companies with state capital, on which the Government approved the privatization strategy in the form of an industrial park; 20. Regulations-unilateral legal acts elaborated by the administrator of the park, according to the present law, with mandatory force towards all residents of the park, which regulates the concrete way of organization and functioning of each park industrial; 21. the resident of the park-any economic operator, Romanian and/or foreign legal person, NGOs, research institutions and other units that do not have legal personality, operating according to the law and carrying out economic activities, scientific research, valorisation of scientific research and/or technological development, agro-industrial, logistic and innovative, industrial, etc., within the industrial park: ((i) on the basis of an administration contract and related service provision; or (ii) as owner or tenant, as the case may be, of a building located within the perimeter of the industrial park constituted according to the simplified procedure, which is not the property of the park manager; 22. applicant-holder of the application for the award of industrial park title, according to art. 4 4 or art. 16 16, as applicable; 23. title of industrial park-the administrative act issued to the applicant by the specialized body of the central public administration that gives the industrial platform, the existing industrial platform or the land for industrial park the legal regime of industrial park provided for by this Law; 24. unit-an integral part of the industrial park, the property of the park manager or, as the case may be, the residents of the industrial park, connected to the park infrastructure, where one or more of the park's residents case, carries out economic activities, scientific research, valorization of scientific research and/or agro-industrial technological development, logistic and innovative, industrial and others within the industrial park, in a regime of specific facilities, in compliance with this law. + Chapter II Establishment of industrial parks + Article 4 Application holder The application for the title of industrial park is formulated by the founders of the industrial park. + Article 5 Background conditions (1) For the granting of the title of industrial park, under the conditions of this law, the following substantive conditions must be observed, cumulatively: a) the administrator of the park is legally registered in the commercial register as a Romanian and/or foreign legal person; b) the administrator of the park is not subject to the insolvency or prevention procedure; c) the administrator of the park does not have any maturity and unpaid debt, established by an enforceable title, as defined by law, compared to the consolidated budget of the state; d) the land in the perimeter of the industrial park is eligible, according to the provisions of ((2). ((2) The land related to the industrial park shall be eligible only if it meets, cumulatively, the following conditions: a) is the tabular or concession property or is in the administration/use of the founder, the park manager or the residents of the industrial park; b) has access to a European and/or national and/or county road and/or bypass roads; c) has a compact surface, with the exception of areas crossed by means of transport, the area of at least 5 hectares; d) is not affected by any tabular task, dismemberment of the right of private property, mortgage, insurance measure or enforcement procedure, except for any passing servitude, as well as any mortgages constituted in favour of credit institutions in a Member State of the European Union, with a view to guaranteeing the reimbursement of bank loans contracted by the park manager, with a view to financing maintenance and/or development investments and/or retrofitting of industrial park infrastructure. + Article 6 Conditions of form (1) The application for the award of the industrial park title shall be signed by the applicant. (2) In the application, the applicant will specify the duration for which he requests the award of the title of industrial park, which will not be less than 10 years, with the possibility of extension. (3) The declaration of eligibility, at the request for the award of the title of industrial park, will be annexed the following documents in original: a) the ascertaining certificate issued by the office of the competent trade register on the park manager b) certificates of tax attestation issued by the competent fiscal bodies, showing that the administrator of the park has no debts due and unpaid, for which an enforceable title was issued, compared to the consolidated budget of the state; c) the principle opinion issued by the environmental authorities; d) statement of land book of information; e) urbanism certificate; f) self-declaration of the park manager that he has a functional website; the declaration must also include the website address of the website. (. The following documents in copies certified for conformity with the original shall be attached to the application for the title of industrial park: a) acts of ownership/concession on the land related to the industrial park; b) acts of ownership/concession on the infrastructure of the industrial park, where it exists; c) the registration certificate of the park manager; d) the tax registration certificate; e) the constitutive act, in the updated form, if applicable, of the park manager f) cadastral documentation of the land; g) the cadastral documentation of the infrastructure of the industrial park, where it exists; h) the agreement of the local public administration authority on exemptions provided in art. 20 20; i) feasibility study. + Article 7 Jurisdiction to resolve the application (1) The competence to settle the application for the award of the title of industrial park lies with the Ministry of Regional Development and Public Administration, through the specialized directorate. (2) The Ministry of Regional Development and Public Administration is the specialized body of the central public administration in the field of industrial parks. (3) The tasks of the Ministry of Regional Development and Public Administration in the field of industrial parks are: a) analyze the application for the title of industrial park; b) issue the title of industrial park; c) analyze and monitor compliance with the provisions of this law within the industrial parks; d) archive and keep records of the annual reports submitted by the administrators of the parks on the facilities, provided by the provisions of 20 20 para. (1), which they have benefited from in those reference periods; e) elaborates draft normative acts in the field of industrial parks, which it subjects to the analysis and approval of the Government; f) cooperate with the other central and/or local public and/or community authorities, non-governmental organisations, chambers of commerce and industry and, in general, any natural or legal person, in order to develop and implement reliable policies to support the development of industrial parks. + Article 8 Procedure (1) The eligibility documentation shall be submitted to the General Registry of the Ministry of Regional Development and Public Administration or by post. (2) The specialized department is obliged to analyze the eligibility documentation submitted by the applicant within 30 days from the date of its registration, according to par. (1), meaning that it will draw up a reasoned reference. (3) By reference thus drawn up, the specialized department may adopt one of the following solutions: a) finds the cumulative fulfillment of the substantive conditions provided in art. 5 and the conditions of form provided for in art. 6, meaning that it proposes to the Minister of Regional Development and Public Administration to award the industrial park title to the park manager; b) find that the eligibility documentation submitted by the applicant is incomplete and/or does not cumulatively meet all the substantive conditions provided in art. 5 and the conditions of form provided by art. 6, showing expressly what are the missing documents and/or the substantive and/or unfulfilled form conditions, meaning in which it proposes to the Minister of Regional Development and Public Administration the rejection of the applicant's request. (4) The reference provided in par. (3) drawn up by the specialized direction shall be communicated, within 48 hours, to the applicant, by registered letter with acknowledgement of receipt, as well as by any electronic means that allow proof of full reception of the document transmitted and confirmation of its receipt by the applicant. (5) Within 30 days from the date of receipt of the reference provided in par. (3), drawn up by the specialized department, the applicant has the right to complete the eligibility documentation, under the sanction of decay in this procedural right. (6) If the applicant has completed the eligibility documentation according to par. (5), the specialized directorate reanalyzes the documentation, within a maximum of 15 days from the expiry date of the deadline provided in par. (5), draw up a new reasoned reference by which it can adopt one of the solutions provided in par. ((3). (7) Within 30 days from the date of receipt of the reasoned reference of the specialized directorate, the Minister of Regional Development and Public Administration shall issue a reasoned order admitting or rejecting the applicant's request. (8) The Order of the Minister of Regional Development and Public Administration granting the title of industrial park shall state the following: a) the duration of the park title b) has the title of industrial park to the park manager. (9) The order issued by the Minister of Regional Development and Public Administration shall be communicated to the applicant according to (4), after its publication in the Official Gazette of Romania, Part I. + Article 9 Title of industrial park (1) The title of industrial park shall be issued to the park manager on the basis of the order of the Minister of Regional Development and Public Administration or, in the case of old privatized industrial platforms, according to a Government decision, industrial park, by Government decisions or special laws. (2) The industrial park title is valid for the land, the infrastructure of the industrial park and for the duration expressly established by the order of the Minister of Regional Development and Public Administration + Chapter III Operation of industrial parks + Article 10 Industrial Park Administration (1) The industrial park operates under direct management and administration by the park manager. (2) In the management and administration activity of the industrial park, the park manager must make respected and observe himself the general principles provided in art. 2. ((3) Any economic operator, Romanian and/or foreign legal entity, operating according to the law and carrying out economic activities, scientific research, scientific research and/or technological development, agroindustrial, logistic and innovative, industrial and others, is eligible to become the park resident for one or more units within the industrial park. (4) We interest the quality of residents of the park through the effect of this law all economic operators, Romanian and/or foreign legal entities, operating according to the law and carrying out economic activities, scientific research, valorization of scientific research and/or technological development, agroindustrial, logistic and innovative, industrial and others, within the industrial park as owner or tenant, as the case may be, of a building located in the perimeter of the park industrial constituted, according to the simplified procedure, which is not the property park manager. + Article 11 Park manager (1) The park manager has, mainly, the following duties and obligations: a) respect and monitor the observance of the general principles 2 2; b) make the selection of the residents of the park between economic operators who have registered offers, under the conditions of the regulation adopted c) conclude administration and service contracts related to the residents of the park selected according to the regulation adopted in this regard; d) ensure the residents of the park the right of use on the units forming the object of the administration contracts and related service supplies concluded with them; e) provide residents of the park, including those mentioned in art. 10 10 para. ((4), the right of use on the common infrastructure; f) performs the maintenance, repair and/or modernization works and services, agreed, as the case may be, on the infrastructure of the park, so as to ensure residents of the normal use park on the units, exclusive infrastructure common infrastructure; g) conclude commercial contracts with primary utility providers, of which we list, with exemplifying title, thermal energy, water, sewerage services, telecommunications services, natural gas; h) elaborates the strategy of organization, operation and development of industrial park; i) ensure the publication of information through the website of its own website and of the notice board; j) manages the financial funds obtained from the management activity of the industrial park, in accordance with the strategy of organization, operation and development of the industrial park; k) may attract, in accordance with the strategy of organization, operation and development of the industrial park, any sources of financing from any credit institution for the purpose of financing or co-financing, as the case may be, of any investment projects maintenance and/or development and/or retrofitting of industrial park infrastructure; l) may attract, in accordance with the strategy of organization, operation and development of the industrial park, any sources of financing from private investors through bond issue, under the conditions regulated by the legislation in force on companies; m) collaborates and cooperates with central and/or local public authorities, internal and/or community, in order to ensure compliance with the law within the industrial park, as well as for the implementation of the industrial park development strategy; n) collaborates and cooperates with non-governmental organizations, chambers of commerce and industry and, in general, with any natural or legal person, in order to implement the development strategy of the industrial park. (2) The park manager mainly has the following rights: a) to collect from the residents of the park the amounts of money owed to the administrator by them, based on the management contract and related services; b) issue mandatory regulations for park residents, including those mentioned in art. 10 10 para. (4), in accordance with the provisions of art. 14 14; c) to notify any competent public authority, according to the law, about the violation of any legal provision within the industrial park. (3) The park manager and park residents may stipulate, under the management contract and related service provision, any other obligations, duties and/or additional rights of the park administrator, in compliance with the regulations. (4) The park manager can distribute, to all residents of the industrial park, through their own networks, the utilities necessary for their operation (electricity, natural gas, water, canal, etc.), under the law. + Article 12 Park residents (1) It has the status of resident of the park any economic operator, Romanian and/or foreign legal person, operating according to the law and carrying out economic activities, scientific research, valorization of scientific research and/or agro-industrial, logistic and innovative technological development, etc., within the industrial park: a) as co-contractor of the park manager under an administration contract and related service provision; b) as owner or tenant, as the case may be, of one or more buildings located within the perimeter of the industrial park constituted according to the simplified procedure, which is not the property of the park manager. (2) The date on which the status of resident of the park is acquired is: a) the date of conclusion of the contract of administration and related services, in the case provided in par. ((1) lit. a); b) the date of issue of the industrial park title according to the simplified procedure, in the case provided in par. ((1) lit. b). (3) The park resident mainly has the following rights: a) the right of use on the unit/units forming the object of the management contract and related service provision, in useful and undisturbed conditions; b) the right of use on the exclusive infrastructure related to the unit/units forming the object of the management contract and related service supplies concluded with them, in useful and undisturbed conditions; c) the right of use on the common infrastructure, in useful and undisturbed conditions; d) right of preemption in case of sale for the rented property. (4) The park resident mainly has the following obligations: a) pay the administrator of the park the amounts provided for in the management contract and related services; in the case referred to in art. 10 10 para. (4), the resident of the park will pay the park manager only the value of the common maintenance expenses, as well as the value of the utilities provided, but no more than the supply price of the authorized operator; b) comply with the regulations issued by the park administrator; c) to use the unit/units, as well as the related exclusive infrastructure, namely the common infrastructure, with the diligence of a good owner, not to degrade or damage them, so that, except for normal wear, to maintain them in the state of at the time of conclusion of the management contract and related service provision; in the case referred to in art. 10 10 para. (4), this obligation concerns the entire infrastructure of the park; d) comply with the destination established by the management contract and related services; e) do not make any changes to the unit/units and exclusive infrastructure related, respectively to the common infrastructure; in the case referred to in art. 10 10 para. (4), this obligation concerns the entire infrastructure of the park; f) not to assign to third parties the rights arising from the management contract and related services; g) comply with traffic rules within the premises of the industrial park, developed by the park manager; h) comply with all obligations regarding the technical conditions provided by the legislation in force on environmental protection. (5) The park manager and park residents may stipulate, under the management contract and related service provision, any other obligations and/or additional rights of the park residents, in compliance with the regulations. (6) In the situation provided for in art. 10 10 para. (4), the resident of the park shall return the rights provided in par. ((3) lit. c), respectively the obligations provided in par. ((4) lit. a)-c), e), g) and h); in the same case, distinct from them, other rights and obligations of park residents may be provided for by the regulations. + Article 13 Contract for administration and related service provision (1) The management of the industrial park shall be carried out mainly on the basis of the management contracts and related service provision concluded between the park manager and the park residents selected from among the economic operators who have registered offers, under the terms of the regulation adopted in this regard (2) The management and service contract shall be concluded by direct negotiation or by any other form agreed by the administrator. (3) The framework content of the contract of administration and related services is elaborated by the administrator of the park and adopted by regulation, in compliance with the provisions of art. 11 11 and 12. (4) The contract for administration and related services shall cease in the following cases: a) expiration of time; b) termination, revocation or cancellation of the title of industrial park; c) bankruptcy of the park resident. (5) The contract for administration and related services will contain a commissive pact, according to art. 1.553 1.553 of Law no. 287/2009 on the Civil Code, republished, as amended, in accordance with which its termination is based on the notification of conventional termination from the park administrator, in case of non-payment by the park resident of the amounts agreed in the management contract and related services, after more than 30 days from the due date. (6) The park manager and residents of the park may stipulate, under the contract of administration and related services, any other pacts the commissioners for the non-performance of other contractual obligations. (7) In case of termination and/or termination, the administrator of the park has the right to take possession of the unit that formed the object of the management contract and related service supplies immediately, by its own means. + Article 14 Regulations (1) In the management and administration activity of the industrial park, the park manager is directed to adopt regulations. ((2) Regulations are unilateral legal acts, which the administrator of the park adopts in compliance with the provisions of this law, regulating any aspect aimed at the organization, operation and development of the industrial park, with mandatory general power to all residents of the park, in order to achieve the purpose of this law (3) The park manager may adopt regulations regarding: a) the strategy of organization, operation and development of the industrial park; b) the procedure for selecting the residents of the park; c) the framework contract for administration and related services; d) supply of utilities within the industrial park; e) the regime of pedestrian and motor vehicles in the industrial park; f) the calculation of individual expenses and collective expenses; g) industrial park infrastructure; h) destination of establishments; i) measures for environmental protection; j) any other matters concerning the organization, operation and development of the industrial park. (4) The draft regulation shall be published on the website of the park manager's website, at least 30 days before the date set for its adoption. (5) The Regulation shall be adopted by the executive statutory body of the park manager. (6) The Regulation shall be published in the final form adopted on the website of the park administrator. (7) Within 15 days from the publication made according to par. (6), the residents of the park, as well as any interested person may make a request for justice to request the finding or declaration of invalidity of the regulation, when it was adopted in violation of the legislation in force. (8) The application for justice will be settled by the court of the park administrator, emergency and in particular, with the citation of the complainant and the administrator of the park. ((9) Intampination is not mandatory. (10) On request, the court may order the suspension of the regulation the abolition of which is requested until the first instance of the application for appeal. Provisions art. 996-1.001 996-1.001 of Law no. 134/2010 on the Code of Civil Procedure, republished, with subsequent amendments and completions, shall be applied accordingly, in so far as the special law in the matter of administrative litigation does not contain contrary provisions. (11) The judgment of the court is subject to the remedies provided for by Law no. 134/2010 , republished, with subsequent amendments and completions. + Article 15 Legal liability of park residents (1) Park residents respond to the park manager for the non-performance of any obligations that incumba them to the park manager, in accordance with the provisions of this law, regulations, as well as the terms of the contract administration and related service provision. (2) For non-compliance with any obligations arising from the provisions of this law, regulations and/or the contract of administration and related service provision, the park administrator is directed to apply penalties against residents the park, according to the regulations in force. + Chapter IV Simplified procedure + Article 16 Application holder The application for the title of industrial park is formulated by the founders of the industrial park. + Article 17 Background conditions (1) For the award of industrial park title under the special conditions covered by this simplified procedure, the following substantive conditions must be met cumulatively: a) The Government approved, by decision, the privatization strategy in the form of industrial park of the commercial company that had the status of owner of the existing industrial platform at the time of privatization; b) the founders defined according to art. 3 3 section 10 won the privatization process and awarded their companies with proprietary state capital at the time of privatization of the existing industrial platform, on which the Government approved the privatization strategy in the form of a park industrial, and subsequent to the conclusion of the contract with the public institution involved in the privatization process exercised the right of option for granting the industrial park title in favor of the park administrator, according to the procedure simplified; c) in the situation of companies that have been the subject of privatization, which are insolvent and to which the enforcement procedure for debts to the state budget has begun, the extinction of these claims is approved by Government decision, by passing all the assets of these debtors into the ownership of the central or local public administration authorities, provided that they constitute industrial parks and invest in them; d) the administrator of the park is legally registered in the commercial register as a Romanian and/or foreign legal person; it may be: ((i) privatised society; (ii) a newly-established company; e) the shareholders of the park administrator are the founders defined according to 3 3 section 10, individually and/or together, as appropriate, with the privatized company itself; f) the administrator of the park is not subject to the insolvency or prevention procedure; g) the administrator of the park has no debt due and unpaid to the consolidated budget of the state, ascertained by enforceable title; h) the land in the perimeter of the industrial park and the infrastructure of the industrial park are the tabular property of the park manager or, as the case may be, of the i) the agreement of the local public administration authority on the establishment of the industrial park-in the form of a local or county council decision, as (2) In order to trigger the procedure for granting the title of industrial park, the applicant will adopt a declaration of eligibility on his own responsibility. + Article 18 Conditions of form (1) The application for the award of the industrial park title shall be signed by the legal representative of any of the founders. (2) In the application, the applicant will specify the duration for which he requests the award of the title of industrial park, which will not be less than 10 years, with the possibility of extension. (3) In addition to the declaration of eligibility, the following documents in the original will be attached to the application for the title of industrial park: a) ascertaining certificate issued by the office of the competent trade register on the park administrator; b) certificates of tax attestation issued by the competent fiscal bodies showing that the administrator of the park has no debts due and unpaid to the consolidated budget of the state, ascertained by enforceable title; c) statement of land book of information. (4) The following documents in certified copies shall also be attached to the application for the title of industrial park, for conformity with the original: a) title of ownership/concession on the land related to the industrial park; b) the registration certificate of the park manager; c) the tax registration certificate of the park administrator; d) the contract concluded between the founders and the public institution involved in the privatization process, through which the sale of the holdings of the state owned at those companies with state capital was realized, with regard to which the Government approved the privatisation strategy in the form of an industrial park; e) the Government's decision approving the privatization strategy in the form of industrial park of the company that was the owner of the existing industrial platform at the time of privatization; f) cadastral documentation of the land and infrastructure of the industrial park. + Article 19 Procedure (1) Provisions art. 7 7 para. ((1), art. 8 8 para. ((1), (2), (5), (8) and (9), respectively of art. 9 9 shall apply accordingly. (2) The specialized department is obliged to analyze the eligibility documentation submitted by the applicant, within a maximum of 15 days from the date of its registration, drawing up a reasoned reference. (3) By reference drawn up, the specialized department may adopt one of the following solutions: a) finds the cumulative fulfillment of the substantive conditions provided in art. 17 and the conditions of form provided for in art. 18, meaning that it grants the industrial park title to the park manager; b) find that the eligibility documentation submitted by the applicant is incomplete and/or does not cumulatively meet all the substantive conditions provided in art. 17 and the conditions of form provided in art. 18, showing expressly what are the missing documents and/or the substantive and/or unfulfilled form conditions, meaning in which it is proposed to the Minister of Regional Development and Public Administration to reject the applicant's request. (4) Within 15 days from the date of receipt of the reasoned reference drawn up by the specialized directorate, the applicant has the right to complete the eligibility documentation, under penalty of forfeiture of this procedural right. (5) If the applicant has completed the eligibility documentation according to par. (4), the specialized direction will proceed to the reanalysis of the eligibility documentation thus completed, within a maximum of 15 days from the expiry date of the deadline provided in par. (4), drawing up a new reasoned reference, through which he can adopt one of the solutions provided in par. ((3). (6) Within 30 days from the date of receipt of the reasoned reference of the specialized directorate, the Minister of Regional Development and Public Administration will issue an order admitting or rejecting, motivated, the applicant's request. The order will be brought to the attention of the applicant, by registered letter with the signature of receipt, within 5 days from the date of its issuance. The date from which this deadline will be taken into account will be the date of the post. + Chapter V Facilities + Article 20 Facilities (1) The title of industrial park gives the park manager and residents the right to the following facilities a) exemption from the payment of fees charged for the modification of the destination or for the removal from the agricultural circuit of the land related to the b) exemption from land tax, corresponding to the land related to the industrial park, according to the provisions art. 257 lit. l) of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions; c) exemption from tax on buildings, corresponding to buildings belonging to the infrastructure of the industrial park, in accordance with art. 250 250 para. ((1) pt. 9 9 of Law no. 571/2003 , with subsequent amendments and completions; d) exemptions, only with the consent of the local public authorities, from the payment of any taxes due to the local budgets of the administrative-territorial units for the issuance of any urbanism certificates, building permits and/or construction abolition for the land and buildings in the park infrastructure, which are an integral part of the industrial park; e) other facilities that can be granted, according to the law, by the local public administration authorities. (2) The state aid measures provided for by this law shall be granted according to the state aid scheme promoted by the Ministry of Regional Development and Public Administration within a maximum of 60 days from the entry into force of this Law. (3) The administrator of the park has the obligation to transmit annually to the Ministry of Regional Development and Public Administration a report on the calculation of the facilities that benefited according to par. ((1). (4) The administrator of the park is required to publish the report provided in par. ((3), on your own web site. + Chapter VI Termination of validity, revocation and cancellation of industrial park title + Article 21 Termination of validity, revocation and cancellation of industrial park title (. The validity of the industrial park title shall cease in the following situations: a) at the request of b) at the expiry of the period provided by the provisions 8 8 para. ((8) lit. a); c) by declaring bankruptcy of the park administrator by final court decision; d) by dividing the park manager; e) by the judicial dissolution of the park administrator by final court decision. (2) The full termination of the title of industrial park is found, in all cases, by order of the Minister of Regional Development and Public Administration, issued on the reasoned proposal of the specialized directorate. + Article 22 Revocation of industrial park title (1) The Minister of Regional Development and Public Administration may revoke, by order issued at the proposal of the specialized directorate, any industrial park title, when the following conditions are cumulatively met: a) there is a cause of major deficiency; b) The Ministry of Regional Development and Public Administration has notified the administrator of the major deficiency park; c) the administrator of the park did not remedy the major deficiency within 90 days from the date of its notification by the Ministry of Regional Development and Public Administration, which was not extended under the conditions of this law. (2) The Minister of Regional Development and Public Administration may extend, by reasoned order, even successively, the term provided in par. ((1) lit. c), provided that the administrator of the park proves that he has taken steps to remedy the major deficiency, but it could not be removed within the term, for objective reasons. (3) Revocation of the industrial park title does not exempt the beneficiaries of facilities who are obliged to maintain the investment for which they have received state aid for a minimum period of 5 years after its completion, if they are undertakings large, respectively for a period of 3 years, if they are small and medium-sized enterprises. Otherwise, they are obliged to return the state aid they have benefited from. + Article 23 Cancellation of industrial park title The violation of the legal provisions governing the establishment of industrial parks attracts the cancellation of the industrial park + Chapter VII Transitional and final provisions + Article 24 Transitional provisions Applications for the granting of industrial park titles pending on the date of entry into force of this Law will be analyzed according to the legal provisions in force on the date of their submission. + Article 25 Final provisions (1) On the date of entry into force of this Law, the Government Ordinance no. 65/2001 on the establishment and functioning of industrial parks, published in the Official Gazette of Romania, Part I, no. 536 of 1 September 2001, approved with amendments by Law no. 490/2002 ,, as amended. (2) On the date of entry into force of this Law, the Order of the Minister of Development and Forecast No. 264/2002 on the approval of the Instructions for granting and annulling the title of industrial park, published in the Official Gazette of Romania, Part I, no. 684 684 of 17 September 2002. (3) On the date of entry into force of this Law, any other legal provision to the contrary in the matter of industrial parks shall be repealed with regard to the conditions for the acquisition and loss of this status, the conditions for granting rights and establishing obligations for industrial parks, the enumeration being exemplified. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 25 June 2013. No. 186. _______