LEGE no. 244 244 of 9 June 2004 to amend and supplement Law no. 84/1992 on free zone arrangements
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 543 543 of 17 June 2004
The Romanian Parliament adopts this law + Article I Law no. 84/1992 on the regime of free zones, published in the Official Gazette of Romania, Part I, no. 182 of 30 July 1992, shall be amended and supplemented as follows: 1. Article 2 shall read as follows: "" Art. 2. -(1) The free zone is a geographical area of the territory of Romania, where the operators carry out activities, and the goods, means of transport and other goods are subject to the provisions Law no. 141/1997 on the Customs Code of Romania, as amended. Customs supervision is only limited to free zones. (2) For the purposes of this Law, the following terms have the following meanings: ... a) operator-natural or legal person, Romanian or foreign, who carries out activities inside the free zone; ... b) mooring front of the free zone-the dunes and/or the quays located on the territory of the free zone. " ... 2. Article 3 shall read as follows: "" Art. 3. -(1) Free zones are precisely delimited and fenced either by confinement or by the existence of natural limits such as gloss or water course. (2) The control of access to the free zone shall be carried out by the customs and border police. ... (3) Maritime or river vessels at mooring fronts in free zones shall be considered in the territory of the free zone. " ... 3. Article 6 shall read as follows: "" Art. 6. -The establishment and territorial delimitation of free zones, the establishment of customs offices and border police points shall be made by Government decision, at the proposal of the central and local public administration authorities concerned. " 4. Article 7 shall read as follows: "" Art. 7. -By the decision of the Government of establishment is approved the regulation of organization and functioning of the free zone, the regime of exploitation, administration and control, the way of charging taxes and tariffs, as well as the means necessary for customs supervision and of the border police. " 5. Article 8 shall read as follows: "" Art. 8. -(1) The administrations of the free zones operate as autonomous kings, which can reorganize as companies or national companies, under the authority of the Ministry of Transport, Construction and Tourism or under the authority local public administration, as appropriate. (2) The tasks of the administration of free zones shall be established by the regulation provided for in 7 7. " ... 6. Article 9 shall read as follows: "" Art. 9. -The methodological coordination of the work of the free zones administrations is done by the Ministry of Transport, Construction and Tourism. " 7. Article 10 shall read as follows: "" Art. 10. -(1) In the perimeter of the free zones, the activities provided by the Classification of activities in the national economy-CAEN, approved by the operators Government Decision no. 656/1997 ,, as amended. (2) The administrations of the free zones and operators may associate themselves with natural or legal persons, Romanian or foreign, under the conditions provided by the legislation in force on association and free competition, in order to carry out their own activity. ... (3) The administrations of the free zones may carry out productive, commercial and service activities, in their own name and in association, outside the perimeters declared to be free zones, in compliance with the legislation in force, without the benefit of the free zone. ' ... 8. Article 11 shall read as follows: "" Art. 11. -Activities in free zones shall be carried out by operators only on the basis of licences issued by the free zone administrations in compliance with the principles of free competition. " 9. Article 12 shall read as follows: "" Art. 12. -The concession and rental activity in the free zones shall be carried out on the basis of public auction. ' 10. After Article 12, Articles 12 ^ 1 and 12 ^ 2 are inserted with the following contents: "" Art. 12 12 ^ 1. -(1) Public or private property of the state or administrative units, as well as public activities/services of national or local interest, under the administration of free zones, shall be awarded. ((2) The concession shall be made on the basis of a contract by which the administration of the free zone, as a concedent, shall transmit for a period of no more than 49 years to the operator, as concessionaire, the right and the obligation to exploit a good, the an activity or a public service, in exchange for a fee, which is the own income of the administration. ... Article 12 ^ 2. -(1) Public or private property of the state or administrative-territorial units, under the administration of free zones, is rented. ((2) The rent is made, under the law, on the basis of a contract by which the administration of the free zone, as a lessor, transmits to the operator, as lessee, the right and the obligation to operate a good, in exchange for a rent, which is the own income of the administration. " ... 11. Article 13 shall be repealed. 12. Article 14 shall read as follows: "" Art. 14. -(1) State aid may be granted for investments made on the basis of concluded commercial contracts, provided that the criteria for regional state aid and state aid for small and medium-sized enterprises are met. (2) For investments in free zones, operators as well as free zone administrations may receive regional development aid in the amount of 50% of the eligible costs of investments by large enterprises and 65% of the eligible costs of investments by small and medium-sized enterprises. ... (3) The state aid provider elaborates the aid schemes for operators in free zones, approved by law or by Government decision, if no tax benefits are granted by them. The authority empowered in the monitoring of state aid, in collaboration with the State aid provider, the Ministry of Transport, Construction and Tourism, together with the free zone administrations, monitors the achievement of the maximum intensity of regional aid for each operator. ... (4) For existing State aid, in respect of the concession contracts in progress, in order to be compatible with the State aid providers, the schemes for the conversion of such aid into compatible aid approved by Government decision. ... ((5) The modalities for granting State aid are provided for in the legislation in force on State aid. " ... 13. Article 16 shall read as follows: "" Art. 16. -(1) The customs procedure applicable to Romanian and foreign goods entering, leaving, stationary, using or consumed in the free zones is the one provided for in Law no. 141/1997 , as amended, and in the Implementing Regulation of the Customs Code of Romania, approved by Government Decision no. 1.114/2001 ,, as amended. (2) In order to capitalize or eliminate the waste obtained as a result of a legal activity carried out within the perimeter of the free zone, customs formalities shall be drawn up, if necessary, according to the provisions established within the customs legislation. ... (3) The operations of recovery and disposal of waste from free zones shall be carried out in accordance with the provisions of the specific national waste management legislation. ... ((4) The costs of collection, transport, storage, recovery and waste disposal activities in free zones shall be borne by the producer or landholder, who entrusts the waste to a specialised unit for Recovery or disposal. ... (5) The administrations of the free zones together with the environmental authorities will confirm in writing to the customs offices operating in addition to the free zones that the waste for which the customs formalities are drawn up are resulting from activities carried out in the territory of the free zone concerned. ... 14 articles 17 and 18 shall be repealed. 15. Article 20 shall read as follows: "" Art. 20. -(1) All financial operations related to activities carried out in free zones shall be made in freely convertible currency, accepted by the National Bank of Romania. I am an exception to the financial operations that are carried out during the construction and objectives of the free zones, as well as those carried out within the commercial activities in its own name by the free zone administrations, outside the perimeters of the free zones, as well as the commercial operations, including the services between residents, those of public catering, through canteens and restaurants, which can also be carried out in lei. (2) The operations of receipts and payments can be made by all payment methods provided by the legislation in force, in compliance with Regulation of the National Bank of Romania 1/2004 on performing foreign exchange operations. " ... 16. Article 21 shall read as follows: "" Art. 21. -(1) The financial resources of the management of the free zones shall be: a) income from the application of the charges for granting the activity licenses; ... b) income from the application of rental and concession charges; ... c) income from the issuance of access permits; ... d) income from commissions and services; ... e) income from other activities; ... f) income arising from late payment penalties provided for in the commercial contracts concluded; ... g) funds from the state budget or local budgets, as the case may be, for the realization of investments for the public domain; ... h) other income, bank loans and attracted resources. ... (. The level of charges for rental, concession and service shall be determined by direct negotiation or tendering, as the case may be, in contracts concluded between the administrations of the free zones and the natural and/or legal persons, Romanian or foreign, who carry out activities in free zones. " ... 17. Article 22 shall read as follows: "" Art. 22. -(1) The following acts constitute contraventions and shall be sanctioned as follows: a) entry into free zones without the approval of the administration, without a permit issued by the administration of the free zone or with a cancelled, expired or suspended license, with a fine, in lei equivalent, from 250 euros to 1,000 euros; ... b) introduction into free zones of goods not accompanied by documents, with a fine, in lei equivalent, from 2,000 euros to 10,000 euros; ... c) carrying out activities without licenses, with expired licenses or carrying out activities other than those specified in licenses, with a fine, in lei equivalent, from 2,500 euros to 10,000 euros; ... d) carrying out activities, other than those provided for in the decision to establish the free zone, with a fine, in lei equivalent, from 5,000 euros to 20,000 euros. ... (2) Payment of fines provided in par. (1) is made in lei, by transforming their amount to the official rate in force at the date of finding the contravention. ... (3) Goods subject to the contraventions provided in par. ((1) lit. b), c) and d) shall be confiscated. " ... 18. Article 25 shall read as follows: "" Art. 25. -The provisions of art. 22 22 para. ((1) relating to contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " 19. Article 26 shall read as follows: "" Art. 26. -(1) The introduction in the free zones of goods whose import is on the territory of Romania constitutes a crime and is punishable by imprisonment from 2 to 7 years. (2) The introduction of goods in free zones, knowingly, to become waste in these areas, constitutes a crime and is punishable by imprisonment from 2 to 7 years. ... (3) The attempt of the crimes provided in par. ((1) and (2) shall be punishable. " ... 20. Article 28 shall read as follows: "" Art. 28. -Buildings inside free zones cannot be used as housing. " 21. Article 29 shall be repealed. 22. Paragraph 2 of Article 32 shall be repealed. + Article II (1) Within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Transport, Construction and Tourism will develop the Methodological Norms for the concession of public property or private state or administrative-territorial units, as well as public activities/services of national or local interest, under the administration of free zones, which will be approved by Government decision. ... (2) Within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Transport, Construction and Tourism will develop the Methodological Norms for the rental of public property or private state or administrative-territorial units, under the administration of free zones, which will be approved by Government decision. ... + Article III Law no. 84/1992 on the regime of free zones, published in the Official Gazette of Romania, Part I, no. 182 of July 30, 1992, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles a new numbering. + Article IV (1) This law shall enter into force 90 days after the date of publication. ... (2) The provisions of the concession and rental contracts pending at the entry into force of this Law may be amended by direct negotiation. ... 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 VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 9, 2004. No. 244. ________________
