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Law No. 231 Of 7 October 2015

Original Language Title: LEGE nr. 231 din 7 octombrie 2015

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LEGE no. 231 231 of 7 October 2015 on the establishment of implementing measures Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 758 758 of 12 October 2015



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This Law lays down the measures necessary for the national implementation of the provisions of the Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 ,, published in the Official Journal of the European Union, L series, no. 94 94 of 30 March 2012, hereinafter referred to as Regulation (EU) No 260/2012 . + Article 2 (1) The terms and expressions used in this Law shall have the meaning provided for in Regulation (EU) No 260/2012 . (2) For the purposes of this law, the payment system operator shall mean the entity authorized by the National Bank of Romania as administrator of a payment system, in accordance with the provisions Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007 , with subsequent amendments and completions. + Chapter II Competent authority responsible for ensuring compliance with the Regulation + Article 3 (1) In application of art. 10 10 of Regulation (EU) No 260/2012 , The National Bank of Romania is designated competent authority responsible for ensuring compliance with the provisions Regulation (EU) No 260/2012 . (2) For the purposes of paragraph (1), the National Bank of Romania monitors the payment service providers, the operators of payment systems established on the territory of Romania that provide payment services in euro, the type of credit transfer and debit transactions direct, as well as the owners of the payment schemes provided in art. 4 4 of Regulation (EU) No 260/2012 . (3) In the exercise of the powers provided for by this Law, the National Bank of Romania shall cooperate with other competent authorities of the European Union, under the conditions laid down by Regulation (EU) No 260/2012 . + Article 4 In the exercise of his duties as competent authority according to art. 3 3 para. (1), the National Bank of Romania may: a) to request any information and documents in connection with the execution, processing and/or settlement of credit transfer and direct debit transactions in euro, opinions and/or relevant audit reports on the components and IT systems used, issued by persons specialized in the field; b) to carry out inspections at the premises of payment service providers and system operators or payment schemes operating on the territory of Romania and, where applicable, at the premises of entities operating technically payment infrastructures, established on Romanian territory. + Chapter III Remedial measures and sanctions + Article 5 (1) For non-compliance Regulation (EU) No 260/2012 ,, of the delegated acts adopted by the Commission pursuant to Regulation (EU) No 260/2012 or the regulations issued by the National Bank of Romania according to art. 12, National Bank of Romania, as competent authority within the meaning of art. 3 3 para. (1), has remedial measures and/or applies sanctions in accordance with the provisions of this law. (2) The remedial measures and/or sanctions ordered according to the provisions of par. ((1) must be effective, proportionate and likely to have a deterrent effect. (3) When establishing the remedy and/or sanction measure, as well as, as the case may be, of its amount, the National Bank of Romania takes into account the personal and real circumstances of the act. + Article 6 (1) In application of art. 5 5 para. (1), the National Bank of Romania may order remedial measures necessary for the purpose of removing the deficiencies found and/or their causes, as well as to impose on persons at fault a conduct conforming to the requirements provided by Regulation (EU) No 260/2012 or by the delegated acts adopted by the Commission under this Regulation or by the regulations issued by the National Bank of Romania according to art. 12. (2) If the persons referred to in art. 3 3 para. (2) does not comply with the remedial measures ordered by the National Bank of Romania, it may apply the sanctions provided for in art. 7. + Article 7 (1) In application of art. 5 5 para. (1), the National Bank of Romania may apply the following sanctions: a) written warning; b) fine from 10,000 lei to 100,000 lei; c) temporary suspension of the right of payment service providers to provide payment services of the type covered by the Regulation (EU) No 260/2012 ; d) temporary suspension of the authorization to operate the payment system operators. (2) The sanctions provided in par. (1) may be applied concurrently with the arrangement of remedial measures according to art. 6 6 para. ((1) or independently thereof. (3) The acts of application of the penalty of fine constitute enforceable securities. Fines collected according to the provisions of par. ((1) lit. b) are made income to the state budget. (4) The application of sanctions provided in par. (1) shall be prescribed within one year from the date of the finding of the deed, but not more than 3 years from the date of its commission. + Article 8 (1) The finding of the facts provided in art. 5 5 para. (1) shall be carried out by representatives of the National Bank of Romania empowered in this regard, during the inspections carried out at the headquarters of the persons referred to in art. 4 lit. b) or on the basis of information, documents or opinions/audit reports made available to the National Bank of Romania in accordance with art. 4 lit. a). (2) Acts by which remedial measures are ordered and/or the sanctions provided for in art. 7 7 para. ((1) lit. a) and b) shall be issued by the governor, the first deputy governor or deputy governors of the National Bank of Romania, according to the internal regulations. (3) The acts by which the sanctions provided for in art. 7 7 para. ((1) lit. c) and d) shall be issued by the Board of Directors of the National Bank of Romania. ((4) Acts issued pursuant to paragraph 1. ((2) and (3) must contain at least the elements of identification of the person at fault, the description of the deed and its circumstances and the rightful basis of the disposition of the measure or, as the case may be, of the application of the sanction. + Article 9 (1) The acts adopted by the National Bank of Romania according to this law can be challenged, within 15 days of communication. The appeals shall be settled by the Board of Directors of the National Bank of Romania, which shall be delivered by reasoned decision, within 30 days from the date of referral. (2) The decision of the Council of Administration of the National Bank of Romania can be appealed within 15 days from the communication, to the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice. The court ruling is final. (3) The National Bank of Romania is the only authority able to rule on the considerations of opportunity, of the qualitative assessments and analyses underlying the issuance of its acts. (4) In case of appeal in court of the acts of the National Bank of Romania according to para. (2), the court may rule on the legality of these acts. (5) Until the adoption of a decision by the Board of Directors of the National Bank of Romania, according to par. (1), or until the delivery of a final decision by the court, according to par. (2), the execution of acts issued by the National Bank of Romania is not suspended. + Chapter IV Out-of-court settlement of disputes + Article 10 Out-of-court settlement of disputes between payment service providers and users of such services in relation to the rights and obligations arising from Regulation (EU) No 260/2012 is made in accordance with the provisions Law no. 192/2006 on the mediation and organization of the profession of mediator, with subsequent amendments and completions. + Article 11 Art. 10 are without prejudice to the right of the person concerned to take legal action in relation to the rights and obligations arising from Regulation (EU) No 260/2012 . + Chapter V Final provisions + Article 12 (1) In the exercise of his prerogatives according to art. 3, the National Bank of Romania may issue regulations, in order to ensure the implementation of the provisions Regulation (EU) No 260/2012 and the delegated acts adopted by the European Commission under the conditions of Regulation (EU). (2) The regulations issued in the application of this Law shall be published in the Official Gazette of Romania, Part I. 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.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, October 7, 2015. No. 231. -----