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Law No. 269 6 November 2015

Original Language Title: LEGE nr. 269 din 6 noiembrie 2015

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LEGE no. 269 269 of 6 November 2015 on approval Government Emergency Ordinance no. 4/2015 for amendment Government Emergency Ordinance no. 82/2011 on some measures to organise the work of land improvements
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 843 843 of 12 November 2015



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 4 4 of 25 March 2015 for amendment Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 224 of 2 April 2015, with the following amendments and additions: 1. The title of the emergency ordinance shall be amended and shall read as follows: " EMERGENCY ORDINANCE to amend and supplement Government Emergency Ordinance no. 82/2011 on some measures to organise the work of land improvements, as well as to amend and supplement Land improvements law no. 138/2004 " 2. In Article I, the introductory part shall be amended as follows: " Art. I.-Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 694 of 30 September 2011, approved with amendments and additions by Law no. 199/2012 , with subsequent additions, shall be amended and supplemented as follows: ". 3. In Article I, after point 1, three new points are inserted, points 1 ^ 1-1 ^ 3, with the following contents: "" 1 ^ 1. Article 7 (1) is amended and shall read as follows: "" Art. 7. -(1) The beneficiaries of land held on the basis of a valid title of property or use in irrigation facilities declared by public utility, dissecting and drainage, which benefit directly from these works, are obliged to pay the Agency a subscription of irrigation and dissecting, corresponding to the following components/categories of works: a) exploitation, maintenance and repair of public utility irrigation facilities; b) operation, maintenance and repair of drainage facilities with water discharge by pumping; c) operation, maintenance and repair of desecation facilities with gravity discharge of water. The subscription is calculated and paid distinctly for each of the 3 components/categories of works. " 1 1 ^ 2. In Article 7, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) The federations and organizations of land improvement independent of the Agency that took over the irrigation infrastructure can collect the subscription related to the irrigation arrangement, provided its use for maintenance, operation and security. Federations and organizations that collect the subscription will justify these amounts and will submit to the control bodies empowered by the law. " 1 1 ^ 3. Article 7 (2) shall be repealed. '; 4. In Article I, point 2, paragraph 3 of Article 7 shall be amended and shall read as follows: "(3) The amount of the subscription shall be approved annually by the management board of the Agency until December 30 of each year for the following year and shall be published in the Official Gazette of Romania, Part IV." 5. In Article I, after point 2, new new points are inserted, paragraphs 3-11, with the following contents: "" 3. Article 7 (4) shall be repealed. 4. In Article 7, paragraphs 5 and 6 shall be amended and shall read as follows: " (5) The balance of the subscription not used at the end of the year shall be distinguished in a separate account, shall be carried over the following year and shall be used with the same (6) The Ministry of Agriculture and Rural Development, the Agency, the federations and the land improvement organizations independent of the Agency proceed to the clearing of the debits, representing the irrigation and dissecting subscription, found by the Agency, federations and organizations, with the amounts due to the beneficiaries provided in par. (1) as financial support of agriculture by the state, provided annually with this destination in the budget of the Ministry of Agriculture and Rural Development and having as source of financing exclusively the state budget. " 5. in Article 7, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: "" (6 ^ 1) Amounts that cannot be compensated according to the provisions of par. (6) will be recovered by the Agency, federations and organizations independent of the Agency from the beneficiaries provided in par. ((1). ' 6. In Article 7, paragraph 7 shall be amended and shall read as follows: " (7) The method of compensation or recovery provided in par. ((6) and (6 ^ 1) shall be established by order of the Minister. " 7. In Article 11, letter a) is amended and shall read as follows: " a) the irrigation and dissecting subscription and rates charged to beneficiaries of land improvement activities; ' 8. in Article 12 (b), point (v) shall be repealed. 9. In Article 12, after letter c ^ 1) a new letter, letter c ^ 2) is inserted, with the following contents: " c ^ 2) maintenance and repair works on water sockets for irrigation, degradation/senal discoloration, docking and repairs specific to floating pumping stations, accidental repairs, interventions to remove effects natural disasters on irrigation infrastructure; " 10. In Article 12, after letter k ^ 4) a new letter, letter k ^ 5) is inserted, with the following contents: "k ^ 5) ensuring the security and protection of the land improvement infrastructure in the land improvement facilities it manages, operates, maintains and repairs;" 11. In Article 17, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 17. -(1) The amount of water delivery charges for irrigation shall be approved by the management board, at the proposal of the Director-General of the Agency. ................................................................... (3) After the endorsement by the management unit board or, as the case may be, the branch board and the approval by the governing board, at the proposal of the Director-General of the Agency, of tariffs for new water delivery points for irrigation or after the approval of the updated tariffs, the approved amount of these tariffs shall be submitted for publication to the Official Gazette of Romania, Part IV, within 5 days from the date of approval. "" 6. Article II shall be repealed. 7. After Article II, a new article is inserted, Article III, with the following contents: " Art. III. -Law on land improvements no. 138/2004 , republished in the Official Gazette of Romania, Part I, no. 88 of 13 February 2009, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 4 (1), point c) is amended and shall read as follows: " c) the realization by the owners of land improvement facilities for the operation, maintenance and repairs of land improvement facilities located on the land they own or, as the case may be, on the land of others, with their consent, including rehabilitation works, investment execution and bearing the costs of these activities. The State intervenes through the Agency only to finance the investment works that are carried out on public and private land of the state; " 2. Article 27 (1) shall be amended and shall read as follows: "" Art. 27. -(1) The secondary irrigation infrastructure belonging to the private domain of the state, under the administration of the Agency, located on the territory of an organization, shall be transmitted, upon request, to the organizations, by decision of the Government, with the following resolution conditions: a) failure to meet the activity object of the land improvement organization provided for in the statute; b) failure to ensure the integrity of the assets taken from the Agency c) non-completion of rehabilitation works according to the assumed commitments, due to the organization's fault; d) non-compliance with the provisions of the infrastructure transfer protocol from the Agency to the land improvement organization; e) entry into a state of insolvency. " 3. In Article 27, paragraph (1 ^ 1) is amended and shall read as follows: " (1 ^ 1) Secondary irrigation infrastructure belonging to the private domain of the state, in the administration of companies, agricultural research and production institutes, agricultural and forestry educational establishments, as well as other public institutions, located on the territory of an organization, shall be transmitted, upon request, to the property of that organization, under the conditions of the resolutions provided in par ((1). ' 4. In Article 27, paragraph 2 shall be amended and shall read as follows: " (2) The land improvement infrastructure belonging to the private domain of the administrative-territorial units can be transmitted, upon request, to the property of the organizations or federations by decision of the local council, of the county council or of the General Council of Bucharest, under the conditions of the resolutions provided in par. ((1). ' 5. Article 27 (3) shall be repealed. 6. Article 27 (4) shall be repealed. 7. Article 27 (4 ^ 1) shall be repealed. 8. In Article 27, paragraphs 5 and 6 shall be amended and shall read as follows: "" (5) The commissioning of the irrigation infrastructure in the private domain of the state subject to the on-demand transmission, without payment, in the ownership of an organization, shall be made from funds provided from the Agency's budget or by organizations through their own funds or attracted, in compliance with the legal provisions in force. (6) The transmission of ownership of the land improvement infrastructure owned by natural or legal persons shall be made in compliance with the legal provisions in force regarding the advertising and registration of circulation real estate. ' 9. Article 28 shall be repealed. 10. Article 29 ^ 1 is amended and shall read as follows: "" Art. 29 29 ^ 1. -(1) By mandate from the Ministry, the Agency shall periodically verify, from the moment of transmission of the right of ownership and free use of the land improvement infrastructure, the organizations and federations regarding compliance the terms of the resolution, as well as the obligations established by the takeover-takeover protocol, on the maintenance, operation and use of the land improvement infrastructure, under the conditions laid down by the methodological rules for the application of this law. (2) Organizations and federations that do not maintain, do not exploit and/or do not use land improvement infrastructure under the conditions provided by the methodological norms or destroy the infrastructure received in free use, in property or does not comply with one of the conditions of the resolution provided for in 27 27 para. (1), shall be withdrawn, at the proposal of the Agency, by Government decision, the right of free use or ownership of the infrastructure taken over. Those organizations and federations are required to hand over to the Agency the infrastructure acquired in the state in which it was taken over, including the improvements subsequently made, according to a procedure approved by order of the Minister of Agriculture and rural development. " 11. Article 29 ^ 2 shall be repealed. 12. Article 33 is amended and shall read as follows: "" Art. 33. -(1) Fines of land improvement, irrigation or drainage systems and drainage and defense works against floods or combating soil erosion may be of public utility, under the law. ((2) In order to issue the building permit for the realization and rehabilitation of the land improvement infrastructure, at the request of the authorization holders: a) by way of derogation from art. 6 6 para. ((4) and art. 7 7 para. ((1) lit. b) of Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, the land contained in the land improvement facilities, which are not registered in the cadastre and land registry records, can be identify by the number of tarla and parcel, by title of ownership and minutes of possession, as well as by any other means of identification provided by law; b) by way of derogation from provisions art. 7 7 para. ((1) lit. b) of Law no. 50/1991 , republished, with subsequent amendments and completions, the concession, lease and lease contracts concluded, under the law, by the holders of authorizations with the owners of the operating perimeters constitute securities for the issuance building permit, if those contracts explicitly include the consent of the owners for the execution of construction works on these lands. " 13. In Article 39, the introductory part of paragraph 2 shall be amended and shall read as follows: " (2) Fines of land improvement or parts of land improvement facilities, provided in par. ((1), shall be passed into conservation for a period of up to 15 years, during which they may be: " 14. Article 57 is amended and shall read as follows: "" Art. 57. -(1) The multiannual contract shall be concluded by the water supplier with organizations, federations and other beneficiaries for a minimum period of 5 years. (2) The seasonal contract shall be concluded with other beneficiaries for an irrigation season. " 15. Article 58 is amended and shall read as follows: "" Art. 58. -According to the multiannual or seasonal contract, a water delivery rate for irrigation is paid. " 16. Article 59 shall be repealed. 17. Article 60 is amended and shall read as follows: "" Art. 60. -The structure of water delivery tariffs for irrigation in multiannual and seasonal contracts, the way of their periodic adjustment, the deadline for bringing to the attention of beneficiaries the amount of these tariffs, the deadline for concluding multiannual contracts shall be established by the methodological rules on the calculation and payment of tariffs for land improvement services, approved by order of the Minister of Agriculture and Rural Development. " 18. Article 61 shall be repealed. 19. In Article 62, paragraph 1 shall be amended and shall read as follows: "" Art. 62. --(1) The beneficiaries may renew the multiannual contract, provided that the Agency is notified by 30 September of the year in which the contract expires. " 20. Article 62 (2) shall be repealed. 21. In Article 63, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 63. -(1) The calculation elements of the water delivery tariff for irrigation shall be calculated on the water volume unit delivered by the supplier at the water delivery point for irrigation and approved by order of the Minister. (2) Water delivery tariff for irrigation will cover the cost of water, water transport costs from the source or outlet to the water delivery point for irrigation, through the public domain irrigation infrastructure and the water supply sector. private state, under the administration of the Agency. Transport costs include electricity and heat expenses for pumping water. The water delivery charge for irrigation does not include maintenance and repair costs, which are covered by the Agency's irrigation and/or funds subscription. The amounts collected from the water supply tariff for irrigation and remaining unused at the end of the year shall be carried over to the following year. " 22. Article 65 (1) shall be amended and shall read as follows: "" Art. 65. -(1) Any beneficiary who has access to an irrigation arrangement under the administration of the Agency may conclude with this multiannual/seasonal contracts, under the law. " 23. Article 65 (2) shall be repealed. 24. Article 66 is amended and shall read as follows: "" Art. 66. -(1) The Agency shall charge for dissecting, at the request of the beneficiaries, until the application of the irrigation and dissecting subscription. ((2) The subscription is calculated and paid distinctly for each of the components/categories of works. " 25. Article 72 is amended and shall read as follows: "" Art. 72. -Liability for the coordination of land improvement activities shall lie with the Ministry of Agriculture and Rural Development or any other central public authority to which the land improvement sector is responsible. "" + Article II Within a maximum of 30 days from the entry into force of this law, at the proposal of the Ministry of Agriculture and Rural Development, the methodological norms for the application of the provisions will be submitted to the Government Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, approved with amendments and additions by Law no. 199/2012 , with subsequent amendments and completions, as well as those amending and supplementing Government Decision no. 1.872/2005 for the approval of the Methodological Norms Land improvements law no. 138/2004 ,, as amended. + Article III (1) The Ministry of Agriculture and Rural Development, under the condition of the Government's assumption of the irrigation sector, will receive in the period 2016-2020 the amount of 1.015 billion euros necessary to rehabilitate the main irrigation infrastructure, as follows: in 2016, 145 million euros, and in the next 4 years the funds allocated to increase annually by about 17%, so as to reach the approved ceiling related to the multiannual investment program. (. The remaining amounts not used at the end of the year shall be carried over to the following year and shall be used with the same destination + Article IV Within 60 days from the entry into force of the present law, by decision of the Government, at the proposal of the Ministry of Agriculture and Rural Development, with the opinion of the Competition Council, the rules on the calculation and collection method are approved, as well as the payment terms related to the irrigation and dissecting subscription. + Article V On the date of entry into force of this Law, Government Decision no. 1.080/2013 for the approval of the Methodological Norms on the method of calculation and collection, as well as the payment terms related to the land improvement tariff, shall be repealed. + Article VI Land Improvement Law no. 138/2004 , republished in the Official Gazette of Romania, Part I, no. 88 of February 13, 2009, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, November 6, 2015. No. 269. -----