Law No. 69 Of 16 April 2010 (Republished) Fiscal-Budgetary Responsibility *)
Original Language Title: LEGE nr. 69 din 16 aprilie 2010 (*republicată*) responsabilităţii fiscal-bugetare*)
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LEGE no. 69 69 of 16 April 2010 (* republished *) fiscal responsibility-budgetary *)
Published in OFFICIAL MONITOR no. 330 330 of 14 May 2015
Note ...
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* *) Republicated pursuant to art. III of Law no. 377/2013 to amend and supplement Fiscal responsibility law no. 69/2010 , published in the Official Gazette of Romania, Part I, no. 826 826 of 23 December 2013, giving the texts a new numbering.
Law no. 69/2010 was published in the Official Gazette of Romania, Part I, no. 252 252 of 20 April 2010 and has been amended by Government Emergency Ordinance no. 83/2014 on the salary of personnel paid from public funds in 2015, as well as other measures in the field of public expenditure, published in the Official Gazette of Romania, Part I, no. 925 of 18 December 2014, corrected in the Official Gazette of Romania, Part I, no. 941 of 22 December 2014 and approved with amendments and additions by Law no. 71/2015 , published in the Official Gazette of Romania, Part I, no. 233 233 of 6 April 2015.
---------- + Chapter I General provisions + Article 1 This law has as its main objectives: 1. ensuring and maintaining fiscal-budgetary discipline, transparency and sustainability in the medium and long term of public finances; 2. establishing a framework of principles and rules on the basis of which the Government will ensure the implementation of fiscal-budgetary policies leading to a sound financial management of resources; 3. Efficient management of public finances to serve the long-term public interest, ensuring economic prosperity and anchoring fiscal-budgetary policies in a sustainable setting. + Article 2 The provisions of this Law shall apply to the public authorities, institutions and entities and/or public utility provided for in art. 2 2 section 30 30 of Law no. 500/2002 on public finances, with subsequent amendments and completions, and on art. 2 2 section 39 39 of Law no. 273/2006 on local public finances, with subsequent amendments and completions, art. 62 62 of Law no. 500/2002 , as amended and supplemented, and art. 67 67 of Law no. 273/2006 , with subsequent amendments and completions, as well as other entities classified in public administration according to Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union, published in the Official Journal of the European Union, L series, no. 174 174 of 26 June 2013. + Article 3 For the purposes of this law, the following terms will be defined as follows 1. fiscal-budgetary strategy-the public policy document that sets the objectives and priorities in the fiscal-budgetary area, the targets of the consolidated general budget revenues and expenditures and the budget components of the general budget consolidated, as well as the evolution of the consolidated general budget balance over a period of 3 years; 2. the consolidated general budget-the entire budget components of the budgetary system, including the state budget, the state social insurance budget, the budgets of special funds, the centralized general budget of the administrative-territorial units, the budget of the State Treasury, the budgets of autonomous public institutions, the budgets of public institutions fully or partially financed from the state budget, the state social insurance budget and the budgets of special funds, as the case may public institutions fully funded by their own revenue, budget funds from external loans contracted or guaranteed by the State and whose reimbursement, interest and other costs shall be provided from public funds, the budget of non-reimbursable external funds, as well as other entities classified in public administration, aggregated, consolidated and adjusted according Regulation (EU) No 549/2013 to form a whole; 3. fiscal-budgetary framework-synthetic presentation of the main budgetary indicators, both on the revenue side and on the expenditure side, including an aggregate description of fiscal-budgetary policy; 4. public debt, according to the European Union methodology-the debt of the public administration reported to the European Commission (Eurostat) and published by Eurostat, expressed as a percentage in gross domestic product; 5. primary expenditure of the consolidated general budget-expenditure of the consolidated general budget, from which interest payments on public debt have been deducted; 6. balance of the consolidated general budget-the difference between consolidated general budget revenues and consolidated general budget expenditures; 7. primary balance of the consolidated general budget-the difference between revenues and primary expenditure of the consolidated general budget; 8. deterioration of the consolidated general budget balance-the increase of the consolidated general budget deficit or the decrease in the surplus of the consolidated general budget compared to that provided in the fiscal-budgetary strategy for the 9. annual structural balance of the public administration-the cyclical adjusted annual balance from which the exceptional measures and temporary measures are deducted, calculated on the basis of the methodology agreed at the level of the European Union; 10. medium-term budgetary objective-target of the annual structural balance of the public administration, established according to Regulation (EC) No 1.466/1997 by the Council of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, published in the Official Journal of the European Communities, 209 of 2 August 1997, with subsequent amendments and completions; 11. public administration-institutional unit part of the national economy, defined according to Regulation (EU) No 549/2013 ; 12. extraordinary circumstances-an unusual event on which public administration authorities have no control and which has a major influence on the financial position of the public administration or periods of severe economic recession, as defined in the revised Stability and Growth Pact; 13. The Stability and Growth Pact-a tool to ensure the budgetary discipline of the Member States, in order to avoid the occurrence of excessive deficit Regulation (EC) No 1.466/1997 , as amended and supplemented, and Regulation (EC) No 1.467/1997 by the Council of 7 July 1997 on speeding up and clarifying the application of the excessive deficit procedure, published in the Official Journal of the European Communities, L series, no. 209 of 2 August 1997, with subsequent amendments and completions; 14. Social Security administrations-has the meaning provided by Regulation (EU) No 549/2013 ; 15. the economic cycle-defined and measured according to the methodologies recognised at European Union level; 16. personnel expenses-total expenditure incurred from the consolidated general budget for the staff in the budgetary sector, during a budgetary year, respectively the expenditure on basic salaries, the scales of the basic functions and monthly framing allowances, bonuses, allowances, prizes, incentives and other rights of a salary nature, in money or nature, established according to the law, as well as social contributions to the employer related to them; 17. financial assistance from the European Union and other donors-non-reimbursable financial assistance received by Romania in the form of non-reimbursable pre-accession and post-accession funds according to the provisions of memoranda and agreements financing concluded between the European Commission or other donors and the Romanian Government; 18. centralized budget of administrative-territorial units-incomes and expenditures of general budgets of administrative-territorial units, defined in art. 3 3 para. ((1) of Law no. 273/2006 , with subsequent amendments and completions; 19. investment expenses-has the meaning provided by Law no. 500/2002 , with subsequent amendments and completions; 20. tax expenditures-the totality of the provisions of the tax legislation, regulations or legislative norms whose effect is the reduction of budgetary revenues or the postponement of their collection, applicable to certain categories of taxpayers, in relation the tax standards set out in general. These may include exemptions, deductions and tax breaks, reduced tax rates, differentiated tax calculation rules, taxes and contributions set for the purpose of granting preferential treatment to a category of taxpayers, as well as any other tax regulations likely to reduce budget receipts. + Chapter II Principles, objectives and rules of fiscal-budgetary policy + Section 1 Principles of fiscal-budgetary policy + Article 4 (1) The Romanian Government will define and conduct fiscal-budgetary policy based on the following principles: ... 1. The principle of transparency regarding the establishment of fiscal-budgetary objectives and the conduct of fiscal and budgetary policy The government and local public authorities have the obligation to make public and maintain in the debate a time frame All the necessary information that allows the evaluation of the implementation of fiscal and budgetary policies, their results and the state of central and local public finances, respectively. 2. Stability principle The government has the obligation to conduct fiscal-budgetary policy in a way that ensures its predictability in the medium term, in order to maintain macroeconomic stability. 3. Tax responsibility principle The government has an obligation to conduct fiscal-budgetary policy prudently and to manage budgetary resources and obligations, as well as fiscal risks of a manner that ensures the sustainability of the fiscal position in the medium and long term. The sustainability of public finances implies that, in the medium and long term, the Government should have the possibility to manage risks or unforeseen situations, without having to operate significant adjustments to spending, income or deficit budget with destabilising effects from an economic or social point of view. 4. The principle of equity The government will run fiscal policy taking into account the potential financial impact on future generations, as well as the impact on medium and long-term economic development. 5. Efficiency principle The fiscal policy of the Government will be based on the efficient use of limited public resources, will be defined on the basis of economic efficiency, and decisions to allocate public investments, including those financed by grants received from the European Union and other donors, will be based inter alia on the economic assessment as well as on the assessment of absorption capacity. 6. The principle of effective management of personnel expenses paid from public funds The salary policy and the number of staff related to institutions, authorities, public entities and/or public utility must be in line with fiscal-budgetary targets in the fiscal-budgetary strategy, with the aim of making management of funds with this destination. (2) The principles provided in par. ((1) are also properly applicable to local public administration authorities and to other entities whose budgets are part of the consolidated general budget. ... + Section 2 Fiscal-budgetary policy objectives + Article 5 (1) The government has the obligation to meet the fiscal-budgetary policy objectives, to develop and apply the annual fiscal-budgetary strategy according to the fiscal-budgetary rules provided for in this law. ... (2) The objectives of fiscal-budgetary policy are: ... a) maintaining public debt at a sustainable level in the medium and long term; ... b) prudent management of resources and assumed obligations of the public sector and fiscal-budgetary risks; ... c) maintaining an adequate level of budgetary resources for the payment of the public debt service; ... d) ensuring predictability of the level of allowances and bases of taxation or taxation. ... + Section 3 Fiscal-budgetary policy rules + Article 6 In order to comply with the reference values for the budget deficit and the public debt, as referred to in Protocol no. 12 on the excessive deficit procedure, the Annex to the Treaty on the Functioning of the European Union, the budgetary position of the public administration is balanced or in surplus. + Article 7 The rule provided in art. 6 6 shall be deemed to be complied with if any of the following conditions a) the medium-term budgetary objective does not exceed a lower limit of the annual structural balance of the public administration of -0,5% of the gross domestic product at market prices; ... b) when the ratio of the public debt calculated according to the methodology of the European Union and the gross domestic product, at market prices, is significantly below the level of 60% and when the risks in terms of long-term sustainability of public finances are low, the lower limit of the medium-term budgetary objective cannot exceed an annual structural balance of the public administration of no more than -1.0% of gross domestic product at market prices; ... c) the annual structural deficit of the public administration converges towards the medium-term budgetary objective, according to an adjustment schedule agreed with the institutions of the European Union, in accordance with Commission Implementing Regulation (EU) No 1.466/1997 , with subsequent amendments and completions. ... + Article 8 (1) It is allowed to deviate temporarily from the rules provided in art. 7 and 14 only under the conditions of extraordinary circumstances, and this deviation does not jeopardise fiscal-budgetary sustainability in the medium term. ... (2) Following the periodic analysis of the macroeconomic situation, including the forecasts of macroeconomic indicators, the Government shall publicly announce, if appropriate, the start of extraordinary circumstances and request the opinion of the Fiscal Council on this aspect. ... (3) The Fiscal Council may directly signal to the Government the commencement of extraordinary circumstances, while presenting an economic analysis to support this option. ... (4) After considering the opinion of the Fiscal Council, expressed according to (2) or (3), the Government informs, if applicable, the Romanian Parliament and the European Commission on the start of the manifestation of extraordinary circumstances and on the application of the provisions of ((1). ... (5) Following the periodic analysis of the macroeconomic situation, including the forecasts of macroeconomic indicators, the Government shall publicly announce, if any, the cessation of extraordinary circumstances and request the opinion of the Fiscal Council on this aspect. ... (6) The Fiscal Council can directly signal to the Government the cessation of extraordinary circumstances, while presenting an economic analysis to support this option. ... (7) After considering the opinion of the Fiscal Council, expressed according to the provisions (5) or (6), the Government shall inform, if applicable, the Parliament of Romania and the European Commission on the cessation of the manifestation of extraordinary circumstances and on the reentry under the rules provided for in art. 7 7 and 14. ... (8) After each situation of cessation of the manifestation of extraordinary circumstances, the measures to correct the deviation, applied according to the provisions of art. 14, lead to an improvement in the structural balance of the consolidated general budget at least equal to the requirements of the Stability and Growth Pact. ... (9) If the Government does not agree with the opinions of the Fiscal Council issued for the purpose of applying the provisions of art. 6 6-9 and art. 14, publicly explains the differences of opinion. ... + Article 9 Public debt, according to the European Union methodology, will not exceed 60% of gross domestic product. + Article 10 If the ratio of public debt, according to the methodology of the European Union, and the gross domestic product exceeds the reference value of 60% of the gross domestic product referred to in art. 1 1 of Protocol no. 12 on the procedure applicable to excessive deficits, annexed to the treaties of the European Union, public debt will be reduced by an average rate of 5% per year, as a reference rate, as provided for in art. 2 2 of Commission Implementing Regulation (EU) No 1.467/1997 ,, amended by Regulation (EU) No 1.177/2011 of the Council of 8 November 2011, published in the Official Journal of the European Union, L series, no. 306 306 of 23 November 2011. + Article 11 In order to improve the coordination of planning on contracting public debt at European Union level, the Ministry of Public Finance sends ex ante reports on the public debt contracting plan to the European Commission. + Article 12 Fiscal policy will be conducted in accordance with the following fiscal rules: a) the balance of the consolidated general budget and the personnel expenses of the consolidated general budget, expressed as a percentage in the gross domestic product, cannot exceed the annual ceilings set out in the fiscal-budgetary framework of the fiscal-budgetary strategy for the first 2 years covered by it; ... b) the balance and, respectively, the primary balance of the consolidated general budget, taking into account its components, for the next budget year, will not be able to exceed the ceiling established by the fiscal-budgetary framework of the fiscal-budgetary strategy, approved by to Parliament; ... c) total expenditure of the consolidated general budget, excluding financial assistance from the European Union and other donors and personnel expenses, taking into account the state budget, the state social insurance budget, budgets local budgets, budgets of self-funded institutions, budgets of special funds and other component budgets, will not exceed the ceiling specified in the fiscal-budgetary framework of the fiscal-budgetary strategy for the next budget year; ... d) annual growth of public administration expenditures complies with the provisions Regulation (EC) No 1.466/1997 , with subsequent amendments and completions; ... e) during the budget year, commitment and budget appropriations approved and unused for investment expenditure cannot be transferred and used for current expenditure; ... f) by exception to the provisions of lett. e), during the budget year, transfers of approved and unused commitment and budgetary appropriations may be made for investment expenses, if these transfers are made to provide the necessary funds to the projects funded by non-reimbursable pre-accession/post-accession funds and from reimbursable funds or when they are made in the structure of these projects, and only within 20% of the approved appropriations for investment expenditure; ... g) if the positive balance of the consolidated general budget for the respective budget year and in the next 2 years will be higher than the forecast, the respective difference will be used to reduce the public debt accumulated from previous years. ... + Article 13 Limits for public debt calculated according to the European Union methodology: 1. If the public debt exceeds 45% of gross domestic product, but is below 50% of gross domestic product, the Ministry of Public Finance presents to the Government a report on the justification of the debt increase and presents proposals for the maintenance this indicator at a sustainable level. 2. If the public debt exceeds 50% of the gross domestic product, but shall be less than 55% of the gross domestic product: a) The Government shall present publicly and apply as soon as possible a program to reduce the share of public debt in gross domestic product; ... b) the programme referred to in point a) include, without limitation, measures which determine the freezing of total expenditure on salaries in the public sector; ... c) the measures contained in the programme referred to in point a) is applied by the approval of a normative act at the level of law, so as to ensure the applicability of the measures in a short term, at the latest in the semester following the one in which the excess of the public debt percentage was found. ... 3. If the public debt exceeds 55% of the gross domestic product, but shall be less than 60% of the gross domestic product: a) the provisions of point 2 2; ... b) The Government shall initiate measures to freeze the total expenditure on social assistance in the public system; ... c) the measures presented according to letter b) is applied by the approval of a normative act at the level of law, so as to ensure their applicability in a short term, at the latest in the semester following the one in which it was found to exceed the percentage of public debt. ... 4. If the public debt exceeds 60% of the gross domestic product: a) the provisions of point 3 3; ... b) The Government initiates and applies a program to reduce public debt according to the provisions of art. 10 10; ... c) the measures contained in the programme referred to in point b) is applied by the approval of normative acts at the level of law, through which urgent measures to reduce the budget deficit and public debt are identified, at the latest in the semester following the one in which the percentage of public debt. ... 5. The provisions of section 2 2, 3 and pt. 4 lit. a) does not apply under the conditions of extraordinary circumstances, if non-application does not jeopardise the sustainability of public debt in the medium and long term. + Section 4 Correction mechanism + Article 14 (1) If a deviation from the medium-term budgetary objective is found or from the adjustment calendar to it, the Government shall approve or, as the case may be, transmit to Parliament, for adoption, a set of measures, in order to correct this deflection. ... ((. For the purposes of applying this Article, the deviation from the medium-term budgetary objective shall have the meaning provided for in art. 6 6 of Commission Implementing Regulation (EU) No 1.466/1997 , with subsequent amendments and completions. ... (3) The measures to correct the deviation are formulated in quantifiable terms, staggered for years, and will produce effects at the latest on the budget year of the next year. ... (4) The deflection correction measures are proportional to the deviation size. ... (5) The measures to correct the deviation are applied as a priority to those budgets or component entities of the public administration that generated the deviation. ... (6) The measures to correct the deviation will ensure the implementation of the recommendations addressed to Romania by the institutions of the European Union, as well as a correction rate established in accordance with the Stability and Growth Pact. ... ((7) The finding of the deviation from the medium-term budgetary objective or the adjustment schedule to it may take place in any of the following ways: ... a) based on documents issued by the institutions of the European Union, in the context of the budgetary surveillance ... b) at the initiative of the Government, in which case it requests the opinion of the ... (8) The Fiscal Council shall issue opinions on measures to correct the deviation, as well as on their implementation. ... (9) The Government shall inform the Parliament's budget, finance and bank committees on the finding of the deviation situation, as well as on the measures to correct them. ... + Chapter III Budgetary expenditure + Section 1 Expenditure impact assessment + Article 15 (1) In the case of proposals for the introduction of certain legislative measures/initiatives, the adoption of which attracts the increase of budgetary expenditures, the initiators shall submit: ... a) financial statement provided for in art. 15 15 of Law no. 500/2002 , with subsequent amendments and completions, accompanied by the assumptions and calculation methodology used; ... b) declaration that the respective expenditure increase is compatible with the strategic objectives and priorities specified in the fiscal strategy, with the annual budgetary law and with the expenditure ceilings presented in the strategy fiscal-budgetary. ... (2) The Ministry of Public Finance has the obligation to verify the financial statement presented according to the ((1). To this end, the Ministry of Public Finance may request the opinion of the ... + Section 2 Staff costs + Article 16 The government and every authorising officer as well as any entity responsible for the development of public sector wage policies and agreements must ensure that all these policies and wage agreements are consistent with the principles fiscal responsibility, fiscal rules, as well as with the objectives and limits of the fiscal-budgetary strategy. + Article 17 (1) You cannot promote normative acts less than 180 days before the expiration of the mandate of the Government, in accordance with art. 110 110 para. (1) of the Romanian Constitution, republished, which lead to the increase of personnel expenses or pensions in the budget sector. ... ((2) The total of staff expenditure of the consolidated general budget cannot be increased during the budget year, on the occasion of the budgetary corrections. ... (3) Negotiations for some rights that, according to the law, are established by collective agreements can be completed only after the fiscal-budgetary framework of the fiscal-budgetary strategy has been approved, in compliance with the expenditure ceilings of established personnel. ... + Article 18 (1) In relation to the targets referred to in art. 37 37 para. (4), the execution of personnel expenses is assessed by the Ministry of Public Finance at the end of each quarter. ... (2) For the classification within the quarterly limits of personnel expenses, the authorising officers have the possibility to reduce the salary rights that are established by law in variable amount and those whose granting is optional, according to law ... (3) In exceptional and duly justified cases in which a principal authorising officer does not fall within the quarterly limit for personnel expenses, the Ministry of Public Finance may approve the increase of that limit, provided that the principal authorising officer shall provide proof of compliance with paragraph 1. ((2) and of the annual budget approved for this destination. ... (4) The principal authorising officers who are in the situation referred to in par. (3) have the obligation that, during the quarter following the quarter for which the limit for personnel expenses was increased, to record savings on personnel expenses in the amount of the amount with which the quarterly limit was increased precedence. ... (5) The principal authorising officers have the obligation to take all necessary measures both to meet the provisions of par. ((4), as well as for the performance of quarterly targets for total expenses, including by reducing the number of posts financed and their budgets and, respectively, laying off, under the law, part of the staff employed. ... (6) Until the obligation provided in par. ((4), the principal authorising officers to whom the quarterly limit for personnel expenses has been increased will be prohibited: ... a) awarding prizes or overtime payment; ... b) the promotion of employees, if this implies an increase in personnel expenses; ... c) to contest vacancies or to fill them by other means provided by law. ... + Chapter IV Budgetary revenue + Article 19 Modification by the Ministry of Public Finance of the forecasts of budgetary revenues that were based on the elaboration of fiscal-budgetary strategy or annual budgetary laws, during debates on fiscal-budgetary strategy or budgetary laws annually, it can be carried out with the consent of the Government and with the favorable opinion of + Article 20 (1) Within 30 days from the publication of the state budget law and the state social insurance budget law in the Official Gazette of Romania, Part I, the Ministry of Public Finance will develop and publish the annual collection program of budget revenues for the state budget, the state social security budget and the budgets of special funds, presenting: ... a) quarterly revenue collection targets, detailed by types of revenue; ... b) quarterly targets for the recovery of tax arrears; ... c) the measures envisaged to combat evasion and tax fraud. ... (2) Within 30 days from the publication of the state budget law in the Official Gazette of Romania, Part I, the Ministry of Public Finance will publish an annual forecast of estimated revenues to be collected by local budgets, budgets self-funded institutions and other components of the consolidated general budget that have not been mentioned in par. (1), also presenting quarterly estimates of revenue collection, detailed by types of income, as well as quarterly estimates for the recovery of fiscal arrears, respectively proposals for normative acts or changes of normative acts, having as object to improve and streamline revenue collection to local budgets, budgets of self-funded institutions and other components of the consolidated general budget. ... + Article 21 In cases where proposals are made for normative acts that lead to the reduction of budgetary revenues, the financial statement will be elaborated according to the provisions art. 15 15 of Law no. 500/2002 , as amended and supplemented, which must meet at least one of the following conditions: a) have the opinion of the Ministry of Public Finance and the Fiscal Council, according to which the financial impact was taken into account in the forecast of budget revenues and does not affect the annual and medium-term budgetary targets ... b) be accompanied by proposals for measures to offset the financial impact, by increasing other budget revenues. ... + Article 22 Normative acts falling under art. 21 is adopted simultaneously with the compensatory measures proposed by the initiator and endorsed by the Government. + Chapter V Rules on budgetary corrections + Article 23 (1) Any rectification of the state budget, the state social insurance budget and the budgets of special funds, as well as the use of the amounts withheld in accordance with the provisions art. 21 21 para. ((5) of Law no. 500/2002 , with subsequent amendments and completions, must consider the conclusions of the semi-annual report on the published economic and budgetary situation, as well as the opinion of the Fiscal Council on it. ... (2) In a budget year no more than two budget corrections may be approved and they cannot be promoted during the first 6 months of the year. ... (3) By exception to the provisions of par. ((1) and (2), in case of significant worsening of the forecast of macroeconomic indicators that were the basis of the budgetary law, a budget adjustment may be promoted in the first semester of the year. ... + Article 24 The total expenditure of the consolidated general budget, excluding financial assistance from the European Union and other donors, may be supplemented by budgetary corrections only for the payment of the public debt service and for payment Romania's contribution to the European Union budget + Article 25 If the semi-annual report on the economic and budgetary situation finds a deterioration of the forecast balance of the consolidated general budget compared to the target envisaged for the approval of the annual budget by more than 0,5% of the domestic product gross taken into account when drawing up the annual budget and this deterioration is not due to the significant worsening of the macroeconomic forecast, the Government is required to implement appropriate measures to meet the target of the consolidated general budget balance. + Chapter VI Fiscal-budgetary strategy + Article 26 (1) By July 31 of each year, the Ministry of Public Finance will submit to the Government the fiscal-budgetary strategy for the next 3 years, which will contain the macroeconomic framework underlying fiscal-budgetary policy, fiscal-budgetary framework with fiscal forecasts and fiscal-budgetary policy and a declaration of responsibility, according to the provisions of this law, which it will present to the Parliament by August 15 of each year. ... (2) With the fiscal-budgetary strategy referred to in par. (1), the Government shall also submit the draft law for the approval of the limits specified in the fiscal-budgetary framework provided for in 29 29 para. (1), substantiated in the fiscal-budgetary strategy. ... (3) The draft law for approving the limits specified in the fiscal-budgetary framework also includes the medium-term budgetary objective, as well as the adjustment path to it. ... ((4) The limits for the total balance and personnel expenses of the consolidated general budget, provided in art. 29 29 para. ((1) lit. a) and c), approved by the Parliament, are mandatory for the next 2 budgetary years. ... (5) The limits provided in art. 29 29 para. ((1) lit. d)-i), approved by the Parliament, are mandatory for the next budget year. ... + Article 27 The macroeconomic framework uses the most current information and represents the most likely macrofiscal scenario or a more prudent scenario. + Article 28 The macroeconomic framework contains information on the macroeconomic situation and forecasts: 1. for the current budget year and 3 subsequent years, the actual results of the last 2 budgetary years, regarding: a) the gross domestic product and its components; ... b) the consumer price index and the gross domestic product deflator; ... c) unemployment and employment; ... d) the current account position of the balance of payments; ... e) the premises underlying the forecasts; ... f) a statement of compliance or differences with the latest forecasts of the European Commission. The significant differences between the chosen macro-budget scenario and the European Commission's forecasts are described and motivated, especially if the level or increase in variables in external assumptions significantly departs from the values mentioned above. in Commission forecasts; ... 2. macroeconomic forecasts in the medium term affecting fiscal policy. + Article 29 (1) The fiscal-budgetary framework includes ceilings for the following budget year and 2 subsequent years, the actual results for 2 years preceding the current budget year and the estimated results of the current year for: ... a) the balance of the consolidated general budget expressed as a share in gross domestic product; ... b) the annual structural balance of the public administration, expressed as a share in gross domestic product; ... c) personnel expenses of the consolidated general budget, expressed as a share in gross domestic product; ... d) the ceilings regarding the repayable financing that can be contracted, as well as those regarding the drawdowns from the redeemable financing contracted or to be contracted by the administrative-territorial units; ... e) the ceilings on the issuance of guarantees by the Government, through the Ministry of Public Finance, and by the administrative-territorial units; ... f) public debt, calculated according to the European Union methodology; ... g) nominal level of total and personnel expenditure for the consolidated general budget, state budget, state social insurance budget, local budgets, budgets of self-funded institutions, budgets of special funds and other budgets components of the consolidated general budget, excluding financial assistance from the European Union and other donors; ... h) the nominal balance of the consolidated general budget, the state budget, the state social insurance budget, the budgets of special funds and other budgets components of the consolidated general budget; ... i) primary balance of the consolidated general budget. ... (2) The fiscal-budgetary framework section of the fiscal-budgetary strategy will also include: ... a) the actual results for 2 years prior to the current budget year and the estimated results of the current year, as well as the forecasts for 3 years thereafter for the consolidated general budget and for its component budgets, relating to: ... -the income level of the consolidated general budget, by types of revenue -the level of expenditure of the consolidated general budget, in economic classification and functional classification; --investment expenditure; -public debt, according to the European Union methodology; -government guarantees granted under national law; -any other information that the Ministry of Public Finance considers important for the fiscal-budgetary strategy; -the key prerequisites for determining the indicators of the fiscal-budgetary strategy; -sensitivity analysis of fiscal targets to changes in macroeconomic indicators, as well as sensitivity analyses of public debt and interest expense, depending on different assumptions regarding economic growth rates and interest rates. of interest; b) explanation of fiscal-budgetary policies by reference to the principles and objectives of fiscal responsibility and fiscal rules and any temporary measures to be implemented to ensure compliance with them; ... c) an analysis of: ... -revenue policy, including changes in taxes and planned taxes and policies affecting other income; -the public debt and budget deficit financing policy and an analysis of debt sustainability; -expenditure policy, including expenditure priorities, intentions for the total expenditure of the consolidated budget and other budgets and expenditure ceilings and other targets or limits involved or imposed by fiscal rules; d) analysis of fiscal risks, comprising any commitments not included in the fiscal forecasts and all the circumstances that may have a substantial effect on fiscal and economic forecasts and which have not already been incorporated into the forecasts tax, as well as information on losses and outstanding payments of companies with majority state capital; ... e) an explanation of the link between the revised and previous fiscal-budgetary strategy and an explanation of the significant changes. ... (3) The medium-term expenditure framework contains the budgetary resources allocation plans for the following budget year and 2 subsequent years, the estimated results for the current budget year and the actual results for 2 previous years, relating to: ... a) the spending priorities and their argumentation in detail, including an explanation of how the Government intends to improve its policy, efficiency and effectiveness of the services offered, the quality of its activities regulation and its initiatives to reduce barriers to the business environment and encourage private sector growth in different areas; ... b) expenditure of the state budget, detailed on the first 10 main authorising officers of the state budget, in descending order, established by the Government, the expenses of other budgets components of the consolidated general budget, as well as estimates of the total expenditure of the centralised budget of the administrative-territorial units; ... c) the priority public investment projects of the Government proposed to be financed during the 3-year period covered by the fiscal-budgetary strategy. ... (4) The declaration of responsibility shall contain a statement signed by the Prime Minister and the Minister of Public Finance, certifying the correctness and completeness of the information in the fiscal-budgetary strategy and its compliance with this Law, targets or limits for tax rules and compliance with tax liability principles. ... + Chapter VII Annual budget + Article 30 (1) Each principal authorising officer shall submit a proposal for budgetary expenditure which shall be in line with the fiscal-budgetary strategy and the methodology for drawing up the annual draft budget, including expenditure ceilings and the number of personnel, issued by the Ministry of Public Finance ... ((2) The allocation of special purpose budgetary amounts to principal authorising officers or sectors is not permitted. Budget allocations for principal authorising officers or sectors can only be made through the annual budget project. ... (3) The Ministry of Public Finance will have the authority to reject all budget proposals that include the spending proposals presented by the main authorising officers of the state budget, the state social insurance budget and budgets special funds during the annual budget process, if they are not in line with the fiscal-budgetary strategy and the methodology for the development of the annual draft budget, and if the authorising officers do not align their proposal of the budget within the time specified by the Ministry of Public Finance, it is empowered, after negotiations, under the prime minister's mediation, to unilaterally adjust the budget proposal, to be included in the annual budget. ... (4) The Government has the obligation to present to the Parliament an annual budget that respects the principles of fiscal responsibility, fiscal rules, fiscal-budgetary strategy and any other provisions of this law, and the Prime Minister and Minister public finances will sign a statement attesting to this compliance, a statement that will be presented to Parliament together with the annual budget. ... (5) In the event that the Government cannot comply with the condition of compliance provided in par. (4), the Prime Minister and the Minister of Public Finance will mention in the statement the deviations, as well as the measures and deadlines until which the Government will ensure compliance with the principles of fiscal responsibility, fiscal rules and strategy fiscal-budgetary. ... (6) The Fiscal Council shall express an opinion on the declaration referred to in paragraph 1. ((4), including the particulars provided in par. ((5). ... + Article 31 The state budget law and the state social insurance budget law, for each year, must be harmonized with the fiscal-budgetary strategy and the provisions of this law and will include in an annex to the state budget law report targets tax that includes: a) annual fiscal targets as nominal value and expressed as a share in gross domestic product for the following budget year and 2 subsequent years, related to: budget balance, primary budget balance, total revenues and expenditures, budget expenditures primary for the consolidated general budget; ... b) information on public debt, according to the European Union methodology, and government guarantees, according to the methodology of the European Union; ... c) substantiation of the established targets, including by presenting the calculation methodology used, and comparing them with the execution of the last 2 years; ... d) presentation of the financial impact of legislative changes, as well as measures to compensate it. ... + Article 32 The report accompanying the state budget law also includes detailed information on the impact of tax expenditures on budget revenues. + Chapter VIII Derogatory clauses + Article 33 Fiscal-budgetary framework of the fiscal-budgetary strategy provided for in art. 29 29 para. (1) may be revised in the following situations: a) the modification of the scope of the consolidated general budget, in which case the reasons for this amendment must be explained and presented the information provided for in art. 29 29 para. (1), in format comparable to the new structure of the consolidated general budget; ... b) significant worsening of the forecast of macroeconomic indicators and other assumptions that were used in the elaboration of fiscal-budgetary strategy; ... c) the change of the Government, in which case, when the mandate of a new Government begins, it will make public whether through its governing program it falls within the last fiscal-budgetary strategy approved by the Parliament or, otherwise, the Ministry Public Finance will draft a new fiscal-budgetary strategy. ... + Article 34 Deviations from the rules provided in art. 12 lit. a), art. 26 26 para. ((4) and art. 29 29 para. ((1) lit. f), where statistical reviews of gross domestic product are recorded. + Article 35 (1) In the elaboration and debate of the fiscal-budgetary strategy according to art. 26 26 para. (1) and the annual budgetary laws may not be made changes leading to the deterioration of the balance of the balance of the consolidated general budget provided for in the previous fiscal-budgetary strategy, increased expenditure and debt ceilings and guarantee or any other changes that are not in accordance with the objectives of this law and with the fiscal rules. ... (2) The Parliament may return the fiscal-budgetary strategy to the Government, with comments and comments. In this situation, the Government will include and/or respond within 15 days to these comments, in consultation with the Fiscal Council, and will file the revised fiscal-budget strategy. If even this time the Parliament does not agree with the proposed fiscal strategy and does not approve the draft law provided for in art. 26 26 para. (2), the Prime Minister, with the opinion of the Fiscal Council, will present a final projection of the fiscal-budgetary framework, taking into account the observations of the Parliament, and, on the proposal of the Ministry of Public Finance, will submit the draft law and the draft state social insurance budget law for the following year. ... + Article 36 (1) The revision of the fiscal-budgetary strategy can be made by the Parliament, at the proposal of the Government, except for the situation provided 33 lit. a). In this case, the update of the fiscal-budgetary strategy is approved by Government decision. ... (2) The revision of the fiscal-budgetary strategy and the draft state budget law and the state social insurance budget law are subject to the analysis and opinion of the Fiscal Council. ... (3) The revised fiscal strategy should contain a separate section highlighting the differences from the previous form, together with their explanation. ... + Chapter IX Transparency of fiscal-budgetary policy + Section 1 Budgetary implementation and monitoring of fiscal-budgetary targets + Article 37 (1) Within 45 days from the publication of the state budget law and the state social insurance budget law in the Official Gazette of Romania, Part I, the Ministry of Public Finance will publish on its website the financial programming quarterly of state budget expenditures, state social insurance budget and special fund budgets, in economic classification, based on the quarterly budget revenue collection program. ... (2) Within 55 days from the publication of the state budget law in the Official Gazette of Romania, Part I, the Ministry of Public Finance will publish on its website quarterly estimates regarding the expenditures of local budgets, budgets self-funded institutions and other component budgets of the consolidated general budget that were not mentioned in par. ((1), in economic classification. ... (3) For this purpose, the main authorising officers of the state budget, the state social insurance budget and the budgets of special funds shall submit to the Ministry of Public Finance the proposals for quarterly instalment of expenditure, in days after the publication of the state budget law and the state social insurance budget law in the Official Gazette of Romania, Part I. other components of the consolidated general budget will transmit to the Ministry Public finances proposals for quarterly staggered expenses, within 45 days from the publication of the state budget law in the Official Gazette of Romania, Part I. ... (4) Based on quarterly expenditure programming and quarterly budget revenue collection program, the Ministry of Public Finance will develop, approve and publish quarterly targets of expenditures, revenue and deficit. consolidated general budget, as well as quarterly targets for the personnel expenditures of the consolidated general budget for the principal authorising officers of the state budget, the state social insurance budget and the budget budgets Special. ... + Article 38 (1) The Ministry of Public Finance publishes on its own website budget data based on household accounting or equivalent data from public accounting, where data based on house accounting are not available, at least with the following frequency: ... -monthly and before the end of the following month, for central administration, state administration and subsectors of social security administrations; -quarterly and before the end of the next quarter, for the local government subsector. (2) The Ministry of Public Finance publishes on its website the data on public debt, according to the methodology of the European Union, with the following frequency: ... -monthly and before the end of the next month, for the public debt related to the subsector of the central public administration and related to the subsector of the -quarterly and before the end of the following quarter, for public debt related to the local public administration subsector. + Article 39 The Ministry of Public Finance publishes annually on its own website, for all subsectors of the public administration, relevant information on contingent liabilities with potentially major impact on public budgets, including information on state guarantees, non-performing loans and liabilities resulting from the operation of public companies, including the amount of liabilities. Also, the Ministry of Public Finance publishes on its own website information on the public administration's holdings in the capital of regulated companies by Law no. 31/1990 , republished, with subsequent amendments and completions, and national companies. + Article 40 By the end of April, July and October of each year, the Government will publicly present an assessment of the quarterly budget execution and the degree of fulfilment of the quarterly targets provided in art. 37 37 para. ((4). In the event of deviations from the established targets, the Government will also present the measures envisaged to correct these imbalances through spending cuts or measures to improve revenue collection. + Article 41 The quarterly budget execution assessments and the measures envisaged to correct any deviations will be subject to analysis and evaluation by the Fiscal Council. + Section 2 Half-yearly report on economic and budgetary situation + Article 42 By the end of July of each year, the Ministry of Public Finance will publish on its website a semi-annual report on the economic and budgetary situation. + Article 43 The half-yearly report on the economic and budgetary situation will include, without limitation, the following: a) the reanalysis of the macroeconomic framework that underpinned the budget of the year, as well as the latest data on macroeconomic indicators and will identify significant trends and changes from those estimated at the the completion of the state budget law and the state social insurance budget law; ... b) quantifying the impact of any changes in the macroeconomic forecast on the annual and medium-term budgetary targets and the presentation of the measures to be taken; ... c) data on the revenues of the consolidated general budget, detailed for each income category, specifying the initial forecast, the revenues collected in the first 6 months, as well as an updated forecast for the whole year; ... d) data on the expenditure of the consolidated general budget, detailed in economic and functional classification, for each budget of the consolidated general budget, specifying the approved program, the expenses incurred in the first 6 months, as well as an updated forecast for the whole year; ... e) data on state budget expenditures, detailed in economic classification, for each principal authorising officer of the state budget, specifying the approved program, expenses incurred in the first 6 months, as well as a forecast updated for the whole year; ... f) data on the budget balance, both for the overall consolidated general budget and for each budget of the consolidated general budget, specifying the approved program, the result achieved in the first 6 months, as well as a updated forecast for the whole year; ... g) data on the absorption of funds received from the European Union and other donors, specifying the approved programme, the result achieved in the first 6 months, as well as an updated forecast for the whole year; ... h) data on outstanding payments of the consolidated general budget at the end of the first quarter and estimates for the first semester and for each budget of the consolidated general budget; ... i) data on financing the budget deficit and the level of public debt; ... j) justifications for possible non-realisations of revenue forecasts, specifying the measures taken and planned to improve the collection. ... + Article 44 (1) The information contained in the semi-annual report on the economic and budgetary situation must take into account, as far as possible, all Government decisions, as well as all other situations that may have an effect on fiscal and economic prospects of that year. ... (2) The data and information contained in the semi-annual report on the economic and budgetary situation must be presented in a format comparable to those of the annual budgetary programme and those of the fiscal-budgetary strategy. ... + Section 3 Final budget implementation report + Article 45 No later than 5 months after the end of the budget year, the Ministry of Public Finance will publish on its website a report on the final budget execution, which will include: a) information on the results of the budgetary policy in the year ended and the comparison of these results both with the strategic objectives and priorities, as well as with fiscal targets in the fiscal-budgetary strategy and the annual budget; ... b) analysis of the way in which the Government has complied with the principles and fiscal rules provided for in this Law and explaining any deviations from them; ... c) evaluation of fiscal-budgetary policy in the budget year ended, as well as its results in accordance with the medium-term objective provided by the fiscal-budgetary strategy; ... d) the assessment of possible deviations from the medium-term objective of the Government and the presentation of the measures to frame the established targets. ... + Article 46 The report on the final budget implementation will include the execution dates of the indicators provided for in art. 29 29 para. ((1), as well as a separate section highlighting their deviations from the fiscal-budgetary strategy and the initial annual budget, as well as an explanation of the significant changes. + Article 47 The final budget implementation report also includes a detailed correlation table on budgetary and public debt related indicators, which indicates the transition methodology between public accounting and data based data. EU standards. + Section 4 Report on economic and budgetary situation at the end of Government mandate + Article 48 At least 60 days before the parliamentary elections are held, the Government will publish on its website a report on the economic and budgetary situation. + Article 49 The report on the economic and budgetary situation at the end of the mandate of the Government must contain a) estimation of revenues, expenditures and balance of the consolidated general budget for the current financial year, detailed in economic classification and on budgets components of the consolidated general budget; ... b) the forecast of macroeconomic indicators and other economic assumptions that were the basis for the elaboration of the estimates provided in lett. a); ... c) analysis of the risks, quantified where possible, that may have an effect on budgetary prospects, including any other Government commitments not included in the fiscal forecasts as well as information on losses and outstanding payments of companies with majority state capital; ... d) a statement signed by the Prime Minister and the Minister of Public Finance, stating that the information in the report reflects the best estimates at the time and they are elaborated in a realistic way, that it reflects all the information available on economic and fiscal perspectives, includes the information communicated by the main authorising officers and complies with the provisions of art. 50. ... + Article 50 Information contained in the report referred to in Article 49 must consider all decisions of the Government, as well as all other known situations that may have an effect on fiscal and economic prospects. + Section 5-a Financial impact of electoral commitments + Article 51 (1) 60 days before the general elections, the presidents of political parties may request the Prime Minister or the Fiscal Council to calculate the financial impact of the proposed and publicly announced policies. ... (2) Such a request must be expressed in writing and describe in detail the proposed policy, providing details relevant to the calculation of the financial impact. ... (3) The request to the Prime Minister will be sent directly to the Ministry of Public Finance, responsible ministries or the Fiscal Council. ... (4) The Ministry of Public Finance and/or the relevant ministries do not respond to the requests of the presidents of political parties if they were not transmitted through the Prime Minister. ... + Article 52 (1) Within 30 days from the date of the request, the Ministry of Public Finance and/or the relevant ministry or the chairman of the Fiscal Council shall make public the financial impact of that policy, together with the assumptions underlying its calculation, as well as the calculation methodology based on the information available to the Ministry of Public Finance and/or the relevant ministries. ... (2) If the Ministry of Public Finance and/or the relevant ministry or the Fiscal Council did not have sufficient information or did not have sufficient time to prepare and publish the respective financial impact, they will publicly announce this Work. ... + Chapter X Fiscal Council + Section 1 Responsibilities and competences + Article 53 (1) The Fiscal Council is an independent authority, composed of 5 members with experience in the field of macroeconomic and budgetary policies, which will support the work of the Government and of the Parliament in the process of elaboration and development of fiscal-budgetary policies, in order to ensure the quality of macroeconomic forecasts underpinning budgetary projections and fiscal-budgetary policies in the medium and long term. Members of the Fiscal Council exercise their mandate according to the law and will not request or receive instructions from public authorities or any other institution or authority. ... (2) The Fiscal Council has the following main tasks: ... a) analysis and elaboration of opinions and recommendations on official macroeconomic and budgetary forecasts; ... b) monitor compliance with and application of the fiscal rules provided by this law, including those relating to the correction mechanism and extraordinary circumstances; ... c) analysis and elaboration of opinions and recommendations on fiscal-budgetary strategy, as well as its conformity assessment with the principles and fiscal rules provided by law; ... d) evaluation of fiscal-budgetary performance of the Government in relation to fiscal objectives and strategic priorities specified in the fiscal-budgetary strategy, as well as with the principles and fiscal rules provided by law, by: ... -analysis and elaboration of opinions and recommendations on the quarterly evaluation prepared by the Government on the implementation of the budget, on the degree of fulfilment of the quarterly targets, as well as on the measures envisaged by Government to correct any deviations; -analysis and development of opinions and recommendations on the semi-annual report on the economic and budgetary situation; -analysis and development of opinions and recommendations on the final report on the economic and budgetary situation; -analysis and elaboration of opinions and recommendations on the report on the economic and budgetary situation at the end of the Government's mandate; e) analysis and elaboration of opinions and recommendations, both before the approval by the Government, and before the transmission to Parliament, on the annual budgetary laws, budget corrections, as well as on other legislative initiatives that may have an impact on the volume of budgetary expenditures, as well as the assessment of their compliance with the principles and fiscal rules provided for by ... f) the preparation of estimates and the issuance of opinions both on the budgetary impact of draft normative acts, other than those mentioned in lett. e), as well as on the amendments made to the annual budgetary laws during the parliamentary debates; ... g) providing information in its competences, following the written request, the President of Romania, the presidents of the two Houses of Parliament, the President of the Court of Accounts, the Governor of the National Bank of Romania and the commissions parliamentary; ... h) informing the budget-finance committees of the Romanian Parliament or the Government on possible legislative initiatives to promote the maintenance of fiscal discipline and the transparency of the budgetary process. ... (3) The opinions, forecasts, analyses and recommendations of the Fiscal Council will be published on its website. ... (4) The opinions and recommendations of the Fiscal Council will be analyzed by the Government and Parliament in the elaboration of the fiscal-budgetary strategy, the annual budgetary laws, as well as the elaboration of other measures determined by the application of this law and, respectively, to their appropriation/approval. ... (5) If the Fiscal Council finds, according to the provisions of art. 61 61 para. (2), persistent deviations of the same meaning of macroeconomic forecasts compared to actual data, which or recorded for a period of at least 4 consecutive years, the Government shall take the necessary measures and make them public. ... + Article 54 (1) The Fiscal Council may request from any institution or public authority information, documents or relevant data to carry out its duties and responsibilities provided for by this Law. ... (2) The Fiscal Board may request information, documents or data relevant to the performance of its duties and responsibilities, in any format or level of detail, from the entity that manages such information or is responsible for their processing. The respective entity will transmit the requested information/documents/data, in the requested form, within 15 days from their request by the Fiscal Council. ... (3) If the requested information is not available or cannot be transmitted within the period provided in par. (2), that entity shall inform the Fiscal Council in writing of this fact. ... (4) If the entity that has the obligation to communicate the information/documents/data requested by the Fiscal Council does not do so within the period provided in par. (2), the Fiscal Council may request the information of the Ministry of Public Finance The Ministry of Public Finance will transmit the requested information within 7 days from the date of the request or inform the Fiscal Council in writing if the respective information is not available. ... (5) If the entity that has the obligation to provide the information/documents/data requested by the Fiscal Council does not do so within the deadlines provided in par. (2) and (4), the Fiscal Council will make this public. ... (6) The requests of the Fiscal Council to the entity that are required to provide the requested data may also be made in the form of an electronic signature document, where there is an agreement in this regard. ... (7) No person acting on behalf of an entity that is required to provide information to the Fiscal Council will be disadvantaged for having communicated to the Fiscal Council the data necessary for the performance of duties and responsibilities to him, under the condition that the rules on the treatment of confidential information provided in par. (2) have been respected. ... + Section 2 Fiscal Council members + Article 55 (1) Members of the Fiscal Council shall be appointed by Parliament for a period of 9 years. Members of the Fiscal Council cannot be re-elected upon completion of the mandate If the mandate of a member of the Fiscal Council has ceased after a period of 3 years, it may be re-elected only once. ... (2) The Romanian Academy, the National Bank of Romania, the Academy of Economic Studies Bucharest, the Romanian Banking Institute and the Romanian Association of Banks will each nominate a single person to be part of the Fiscal Council. ... (3) The persons nominated to be part of the Fiscal Council shall be heard by the Parliament's budget-finance committees and shall be voted on by the Parliament. In case the persons nominated according to par. (2) do not meet the necessary votes, the entities mentioned will make other nominations, within 15 days. ... (4) Persons nominated to be part of the Fiscal Council must not have a criminal record or a fiscal record, be Romanian citizens with the right to vote, have university studies in the economic field, have a good reputation and experience professional in the field of economic, budgetary or financial policies and a specialized seniority of at least 10 years. ... (5) It cannot be nominated to be part of the Fiscal Council person: ... a) which 4 years before the nomination held a position of public dignity within the Government; ... b) which 4 years before the nomination was a member of the Romanian Parliament or of the European Parliament or held a leading position within a political party; ... c) al/whose spouse, parents, children, siblings, other relatives or afini, up to the fourth degree inclusive, hold a position of public dignity within the Government, have the membership of the Parliament of Romania or of the European Parliament or hold a leadership position within a political party. ... (6) During the mandate, members of the Fiscal Council: ... a) cannot accept a function of public dignity within the Government or an assimilated function and cannot become members of the Romanian Parliament or of the European Parliament or hold a leading position within a political party; ... b) there can be no spouses and no relatives or afini, up to the second degree inclusive, with persons holding a position within the Government or an assimilated function, have the status of member of the Romanian Parliament or of the European Parliament or hold a function driving within a political party; ... c) may not be civil servants; ... d) may not be members of the boards, executive directors, censors or auditors of national companies or companies with majority state capital. ... (7) The members of the Fiscal Council have the obligation to notify immediately, in writing, to the budget-finance committees of the Parliament the occurrence of any of the situations of incompatibility provided in par. ((6) and to take the necessary steps to end the state of incompatibility, within 10 days of its occurrence. ... (8) If the members of the Fiscal Council are in any of the situations of incompatibility provided in par. (6) do not meet their obligations provided in par. (7), Parliament's budget-finance committees will determine their incompatibility. ... (9) If the members of the Fiscal Council are in any of the situations of incompatibility provided in par. (6) provide proof of its termination within the period provided in par. (7), Parliament's budget-finance committees will not establish their incompatibility. ... (10) If a member of the Fiscal Council ceases his mandate before the deadline provided in par. (1), the corresponding entity according to the provisions of (2) will propose to the budget-finance committees of the Parliament, within 15 days, a new nomination for the remainder of the mandate. ... + Article 56 (1) The President and the Vice President of the Fiscal Council shall be elected by the members of the Board by secret ballot, with their simple majority ... (2) The President of the Fiscal Council has the following ... a) leads the council; ... b) convene the meetings of the Council ... c) is the representative of the council; ... d) approve the publication of analyses/studies/opinions and recommendations developed by the council, according to its duties and responsibilities, following their appropriation by the members of the council by vote; ... e) coordinate the secretariat of the council ... (3) The President of the Fiscal Council will answer to the Romanian Parliament for the correctness and accuracy of the analyses/studies/opinions and recommendations developed by the Fiscal Council, according to its duties and responsibilities. ... (4) The Regulation on organization and functioning of the Fiscal Council will be adopted by unanimous vote. ... (. The fiscal council shall meet in the presence of the majority of its members, including its chairman, in his absence, the Vice-Chair Decisions will be adopted with the simple majority of those present. ... + Article 57 The president of the Fiscal Council will receive a monthly allowance at the level of the secretary of state, and the vice president, at the level of the undersecretary of state. The other members of the Fiscal Council are entitled to an allowance of 90% of the vice-president's allowance and shall be granted if the President finds that the tasks set out in the council have been fulfilled. The allowances will be borne from the Fiscal Council budget. + Section 3 Termination of the membership of the Fiscal Council + Article 58 (1) The membership of the Fiscal Council shall cease in the following situations: ... a) on the expiry of the mandate for which he was appointed, under the conditions of 55 55 para. ((1); ... b) by resignation; ... c) by revocation by the plenary of the Parliament, in the following situations: ... -when establishing the state of incompatibility according to the provisions of art. 55 55 para. ((6); -when a criminal conviction was handed down against a member of the Fiscal Council with the custodial sentence, remaining final; d) by replacement, in the case of the final impossibility of exercising the mandate. It shall be considered as permanent impossibility to exercise the mandate of any circumstance which creates a freezing period of more than 90 calendar days; ... e) by death. ... (2) The resignation will be communicated in writing to the presidents of the Parliament's budget-finance committees. ... + Section 4 Organization and functioning of the Fiscal + Article 59 (1) The activity of the Fiscal Council is assisted by a Technical Secretariat, organized within the Romanian Academy. ... (2) The Regulation on organization and functioning and organizational chart of the Technical Secretariat of the Fiscal Council will be established by the members of the council. ... + Article 60 (1) The fiscal council will establish its own budget, which will represent an annex to the budget of the Romanian Academy. ... (2) The budget required to operate until the end of the first calendar year will be provided by allocations from the Budget Reserve Fund at the disposal of the Government ... (3) The Technical Secretariat of the Fiscal Council may not exceed a number of 10 posts. The salary rights of the staff of the Technical Secretariat are established by assimilation with the salary rights of the staff of the Ministry of Public Finance. ... (4) The financial management of the Fiscal Council will be audited by the Court of Accounts of Romania. ... + Section 5-a Annual report of the Fiscal Council + Article 61 (1) By the end of May each year, the Fiscal Council will develop and publish an annual report. ... (2) The annual report of the Fiscal Council contains an analysis on the fiscal-budgetary policy of the previous year compared to that approved by the fiscal-budgetary strategy and the annual budget and includes, without limitation: ... a) the ex-post evaluation of the macroeconomic and budgetary forecasts contained in the fiscal-budgetary strategy and the annual budget of the budgetary year covered by the report, including the reporting, if any, of any persistent deviations of the same meaning of macroeconomic forecasts compared to actual data, which were recorded over a period of at least 4 consecutive years; ... b) the evaluation of the objectives, targets and indicators established by the fiscal-budgetary strategy and the annual budget of the budget year covered by the report; ... c) assessing the performance of the Government and how the principles and rules laid down by this law were observed in the previous budget year; ... d) opinions and recommendations of the Fiscal Council in order to improve fiscal-budgetary policy in the current budget year, in accordance with the principles and rules provided for by this Law. ... + Chapter XI Responsibilities and sanctions + Article 62 Government responsibilities: a) ensure that the governing program is fiscally sustainable and according to the provisions of this law; ... b) manages public finances and public resources in a manner consistent with this law, respecting the principles, objectives of fiscal responsibility and fiscal rules, and ensures the fulfillment of fiscal-budgetary strategy, including through the proposal for annual budgets, in compliance with this law and the fiscal-budgetary strategy; ... c) the exercise of all duties in a manner that ensures compliance with this law and fiscal-budgetary strategy, including by issuing normative acts in accordance with this law. ... + Article 63 Responsibilities of Ministry of Public Finance a) monitor the application of the provisions of this law on fiscal-budgetary strategy and notify the Government of any deviation found; ... b) prepare the reports provided by this law; ... c) prepare the draft fiscal-budgetary strategy; ... d) manage the annual budgetary process, to ensure compliance with this law; ... e) monitor the financial and related results recorded by the central and local public authorities in relation to the provisions of this law; ... f) issue rules, orders, instructions or notices for the application of the provisions of this Law ... + Article 64 Responsibilities of principal authorising officers: a) each principal authorising officer shall ensure that all decisions within the scope of his prerogatives are taken in accordance with the provisions of this law, including in accordance with the principles of fiscal responsibility, with the rules tax and fiscal-budgetary strategy; ... b) monitor the financial and non-financial performance of the entities in coordination, in order to ensure that the performance complies with the provisions of this law; ... c) provide the Ministry of Public Finance, in the format and within the time requested by it, the information necessary for the elaboration of the fiscal-budgetary strategy and answer for the correctness ... d) provide the Ministry of Public Finance, in the format and within the time requested by it, the information necessary for the elaboration of the reports provided for by this Law, as well as any other information on decisions and/or situations that may have an effect on tax and economic prospects and are responsible for the information provided. ... + Article 65 The violation of the provisions of the present law by the members of the Government draws political responsibility for solidarity with the other members, in accordance with the provisions of the Romanian Constitution, Law no. 115/1999 on ministerial responsibility, republished, as amended. + Article 66 (1) The main authorising officers of the state budget, the state social insurance budget, the budgets of special funds, the local budgets and the heads of the institutions or public authorities have the obligation to provide the Ministry of Finance Public and/or Fiscal Council, in the format and within the deadlines requested by it, the information necessary for the application ... (2) Failure to comply with par. (1) constitutes a contravention and is sanctioned with a fine of 5,000 lei. ... + Article 67 (1) The budgetary credit authorities and the heads of the majority state capital companies whose budgets are part of the consolidated general budget have the obligation to respect the objectives of fiscal responsibility and the fiscal rules provided for in art. 5-18, 21, 23-25 and 30, expenses and loans ceilings, as well as the targets of the budget balance specified in art. 31. Any violation of these provisions leads to the taking of one or more of the following measures: ... a) the presentation in the Government or, as the case may be, to the deliberative bodies of the local public authorities of a program to reduce expenses or to restructure and, as the case may be, the ... b) the prohibition of the issuance of guarantees, as well as the contracting or drawing of loans, until the recovery of the financial situation and the classification in the approved indicators; ... c) prohibition of the increase in the next budget year of the expenditure and loans ceilings, as a result of the overruns of the budget commitments of this year; ... d) local authorities, self-funded public institutions and economic entities with majority state capital whose budgets are part of the consolidated general budget will compensate for deficits in previous years through surpluses recorded in the year next budget. ... (2) The Fiscal Council shall assess by annual reports compliance with the provisions of this Law, making public their findings. ... + Article 68 It constitutes contravention and is sanctioned according to the provisions of art. 69 employment or payment of expenses above the established quarterly ceilings and any conclusion of legal commitments obliging the state or local authorities to carry out expenses above the level approved under the provisions of the provisions this law. + Article 69 (1) Failure to comply with art. 16 16, art. 18 18 para. ((4), art. 24 24 and art. 30 30 para. (1) constitutes contravention and is sanctioned, depending on the degree of guilt of the responsible persons, with a fine of between 2,000 lei and 20,000 lei and the recovery of the damage, as the case may be. During the administrative research period, the responsible persons are suspended from office. ... (2) Finding contraventions for non-compliance with art. 16 and 24, as well as the application of the fine are made by the control bodies of the Court of Accounts of Romania. ... (3) Finding contraventions and applying sanctions for non-compliance with art. 18 18 para. ((4) and art. 30 30 para. (1) shall be made by the persons empowered by order of the Minister of Public Finance. ... (4) After the final stay of the contravention sanction, it shall be published on the website of the Ministry of Public Finance. ... + Article 70 Contraventions provided for in art. 68 and 69 are applicable to the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 71 The verification of compliance with the provisions of this law shall also be carried out by the Court of Accounts of Romania, according to its competences and powers, Law no. 94/1992 on the organization and functioning of the Court of Auditors, republished, applying the sanctions provided by this law and the other normative acts in force in the field of public finances. + Chapter XII Final provisions + Article 72 (1) Within 45 days from the date of entry into force of this Law *), the entities referred to in art. 55 55 para. (2) will submit to the Parliament's budget-finance committees the nominations for the persons who will be part of the Fiscal Council. ... Note ...
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* *) Law no. 69/2010 entered into force 3 days from the date of publication in the Official Gazette of Romania, Part I, no. 252 252 of 20 April 2010.
---------- (2) Within no more than 30 days from the submission of nominations according to the provisions of par. (1), the budget-finance committees of the Parliament will hold the hearings of the persons nominated following the vote in the Parliament, and the presidents of the budget-finance committees will transmit to the President of the Romanian Academy the list of persons designated who will be part of the Fiscal Council. ... -------
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