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Law No. 225 Of 17 November 2016 For The Modification And Completion Of The Law On Public Utilities Community Services No. 51/2006

Original Language Title: LEGE nr. 225 din 17 noiembrie 2016 pentru modificarea şi completarea Legii serviciilor comunitare de utilităţi publice nr. 51/2006

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LEGE no. 225 225 of 17 November 2016 to amend and supplement Law of Community Public Utilities Services no. 51/2006
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 942 942 of 23 November 2016



The Romanian Parliament adopts this law + Article I Law of Community Public Utilities Services no. 51/2006 , republished in the Official Gazette of Romania, Part I, no. 121 of 5 March 2013, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 (2), point d) shall be amended and shall read as follows: "" d) heat supply in a centralised system; '. 2. Article 1 (2), point g) shall be repealed. 3. in Article 1, point h) of paragraph 2, paragraph 3, the introductory part and letters h)-j) and l) of paragraph 4 shall be amended and shall read as follows: " h) local public passenger transport. (3) The provisions of this Law shall apply to the Community public utility services provided in par. (2), established, organized and supplied/provided at the level of communes, cities, municipalities, counties, Bucharest municipality and, as the case may be, under the law, at the level of administrative-territorial subdivisions of the municipalities or at the level associations of inter-community development, under the direction, coordination, control and responsibility of local public administration authorities. (4) Public utility services are subject to specific public service obligations in order to ensure a high level of quality of safety and accessibility, equal treatment, promotion of universal access and rights users and have the following features: h) are under the responsibility of local public administration authorities; i) are organized on economic and efficient principles in conditions that allow them to carry out their specific tasks and obligations of public service; j) the management procedure is established by decisions of the deliberative authorities of the local public administration; ................................................................... l) the recovery of operating and investment costs is made through prices and tariffs or taxes and, as the case may be, from budget allocations. The measure may involve elements of the nature of state aid, in which the local public administration authorities request the opinion of the Competition Council. " 4. In Article 2, letter a) is amended and shall read as follows: " a) intercommunity development association with the purpose of public utility services-intercommunity development association defined according to the provisions of the Local public administration law no. 215/2001 , republished, with subsequent amendments and completions, having as objective the establishment, organization, regulation, financing, operation, monitoring and joint management of public utility services provided/provided within the competence of the administrative-territorial units, as well as the joint implementation of public investment projects of regional or regional interest for the establishment, modernization and/or development, as the case may be, of public utility systems related to these services; '. 5. Article 2 (c) shall be repealed. 6. in Article 2, letters e), g), h), j), k), o)-r) shall be amended and shall read as follows: " e) the delegation of the management of a public utility service-the action by which an administrative-territorial unit assigns to one or more operators, under the conditions of this law, the supply/provision of a service or activity in the sphere public utility services whose responsibility it has. The delegation of the management of a public utility service/activity involves the actual operation of the service/activity, the provision of the public utility system related to the delegated/delegated service/activity, as well as the right and the obligation of the operator to manage and operate the public utility system. The delegation of management can also be carried out by the intercommunity development associations with the purpose of public utility services, on behalf of and on behalf of administrative-territorial units, on the basis of a special mandate granted of these; .................................................................. g) operator of public utility services, also referred to as the operator-legal person governed by public law or private law with public, private or mixed capital, registered in Romania, in a Member State of the European Union or in another state, which ensures direct supply/provision, under the conditions of the regulations in force, of a public utility service or of one or more activities in the sphere of public utility services; h) regional operator-regulated company operator Company law no. 31/1990 , republished, with subsequent amendments and completions, with full share capital of some or all administrative-territorial units members of an intercommunity development association aimed at public utility services. The regional operator ensures the supply/provision of public utilities/activity within the competence of the associated administrative-territorial units, the exploitation of public utility systems related to them, as well as the implementation public investment programs of regional or regional interest aimed at establishing, modernizing and/or, as the case may be, the development of the technical-urban infrastructure related to these services/activities, carried out jointly within the association. The regional operator shall be established on the basis of the decisions adopted by the deliberative authorities of the administrative-territorial units of an intercommunity development association for the purpose of public utility services, or the establishment of a new company, either by participating in the share capital of one of the existing operators held by an administrative-territorial unit member of the inter-community development association in accordance with the provisions Law no. 31/1990 , republished, with subsequent amendments and completions. The regional operator shall be assimilated to the public service bodies provided for by Government Emergency Ordinance no. 64/2009 on the financial management of the structural instruments and their use for the convergence objective, approved with amendments Law no. 362/2009 , with subsequent amendments and completions; ....................................................................... j) public utility system-all movable and immovable property, acquired according to the law, consisting of land, buildings, constructions and technological installations, equipment and functional facilities, specific to a public utility service, through whose exploitation and operation is ensured the supply/provision of the service; the goods composing the public utility systems are part of the public or private domain of the administrative-territorial units and are subject to the legal regime of public or private property, according to law; k) technical-urban infrastructure-all public utility systems for the supply/provision of public utility services; ....................................................................... o) pricing and tariffs-operation to establish the structure and levels of prices and initial tariffs, as the case may be, for public utility services, based on the methodology for calculating prices and tariffs, developed and approved by the competent regulatory authority; p) the adjustment of prices and tariffs-the operation to correlate the levels of prices and tariffs previously established, with the general evolution of prices and tariffs in the economy, based on the methodology for calculating the level of prices and tariffs existing, developed and approved by the competent regulatory authority; r) change in prices and tariffs-the operation to match the levels of prices and tariffs previously established, applicable in situations where changes occur in the cost structure leading to the recalculation of prices and tariffs, the basis of the methodology for calculating the structure and level of existing prices and tariffs, developed and approved by the competent regulatory authority; '. 7. In Article 2, after letter s), four new letters, letters t)-w) are inserted, with the following contents: "" t) compensation for the public service obligation-any benefit, in particular financial, granted to operators directly or indirectly from state resources during the period of implementation of a public service obligation or in relation to that period, to cover the net costs of fulfilling a public service obligation, including a reasonable profit. For the purposes of this definition, State resources are those set out in point 3.2. -State resources of the European Commission Communication 2016 /C 262/01 on the concept of State aid as referred to in Article 107 (1) of the Treaty on the Functioning of the European Union; u) local community-the totality of the inhabitants of an administrative-territorial unit; v) public service obligation-any specific requirement established by the local public administration authority/inter-community development association based on the mandate received, to ensure the supply/provision of the utility service the public, which an operator, if it would take into account its own commercial interests, would not assume or assume and would assume the same or the same conditions without being properly remunerated; w) special laws-the laws governing the public utilities services listed in art. 1 1 para. ((2). ' 8. In Article 3, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 3. -(1) Public utility services are under the responsibility of local public administration authorities or, as the case may be, inter-community development associations with the purpose of public utility services, according to their mandates by decisions of the deliberative authorities of the administrative-territorial units. Public utility services are organized and managed in compliance with the legal provisions, according to the decisions adopted by the deliberative authorities of the administrative-territorial units, depending on the degree of urbanization, of importance economic and social of the localities, their size and degree of development and in relation to the existing technical-urban infrastructure. ................................................................... (3) The detection of the organization, development, financing, operation and management of each public utility service is made by special laws, by sector norms and regulations adopted by Government decisions, and by order of the competent regulatory authorities, as well as by decisions of the local public administration authorities of the administrative-territorial units. " 9. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) Public utility systems are part of the technical-urban infrastructure of administrative-territorial units. " 10. Article 5 is amended and shall read as follows: "" Art. 5. -(1) In order to identify, register, describe and represent on topographic and/or cadastral plans, as well as on urban planning and spatial planning, information on public utilities is determined at the level of each administrative-territorial units, in digital format relative to the 1970 stereographic projection system. (2) The local public administration authorities have the obligation to realize the spatial data set, defined according to the provisions art. 3 lit. d) of Government Ordinance no. 4/2010 on the establishment of national infrastructure for spatial information in Romania, republished. (3) The local public administration authorities shall carry out the spatial data set, within the theme III.6. Public utilities and other public services, as set out in Annex no. 3 3 of Government Ordinance no. 4/2010 , republished, until 31 December 2020, as follows: a) by converting the plans containing the information on public utilities in analog format in digital format, in Stereographic Coordinate System 1970, until December 31, 2018; b) by topographic measurements, for the information that will not be recovered by the conversion provided in lett. a), until 31 December 2020. ((4) At the request of the local public administration authority, public/private institutions shall make available to it, free of charge, until June 30, 2017, the plans related to public utility systems made before 1990, in to achieve the spatial data set provided in par. ((3) lit. a). (5) The National Agency for Cadastre and Real Estate Advertising elaborates and approves by order of the General Director the technical norms on the realization of the spatial data set, provided in par. ((3). (6) The space data set provided in par. (2) is carried out in compliance with art. 10 10 section 6 lit. b) of Annex no. 2 to Government Decision no. 579/2015 579/2015 on the establishment of specific responsibilities of public authorities, as well as of technical structures for the realization of spatial data themes and the approval of the necessary measures for their joint implementation. The operators of public utility services provide technical support to the local public administration authorities in the realization of the spatial data set and ensure the access to installations of the persons executing these works. (7) Within 30 days from the realization of the set of spatial data and services provided by par. (2) and (3), the local public administration authorities have the obligation to allow, free of charge, the access of the National Agency for Cadastre and Real Estate Advertising to the database, as well as to subsequent amendments/updates, whenever Extensions or reconfigurations of public utility systems intervene, in order to publish them on the geopportal of the National Infrastructure for Space Information of Romania. (8) Local public administration authorities that did not realize the spatial data set provided in par. (2) have the obligation to provide in the local budgets the amounts necessary to contract the services for the realization of the data set and to contract these services until the end of 2017. (9) In the situation referred to in par. (8), the local public administration authorities impose, through the specifications of the competitive procedure for the award of service contracts for the mapping of public utility systems, the obligation of persons authorized by the National Agency of Cadastre and Real Estate Advertising to realize the spatial data sets so that, by connecting them to the geopportal of the National Infrastructure for Space Information of Romania, the provisions of par. ((6). (10) The right of passage for public utilities on land belonging to public and private properties affected by works of establishment and extension, respectively of rehabilitation, modernization, replacement and exploitation of systems of Existing public utilities, shall be exercised throughout the existence of these systems, regardless of ownership of the property right, as follows: a) free of charge, in the case of land belonging to public or private property of the state or administrative-territorial units, including land belonging to the national forest fund, by way of derogation from the provisions art. 39 39 para. ((1) of Law no. 46/2008 -Forest Code, republished, as amended, affected by the establishment and extension works and the rehabilitation, modernization, replacement, maintenance and exploitation of existing public utility systems; b) with fair compensation, in the case of land belonging to private or legal persons under private law affected by the modernization, replacement, rehabilitation, establishment and extension of existing public utility systems. (11) If damage is caused during the intervention works, operators are required to pay these damages. The amount of compensation shall be determined by the agreement of the parties or, if the parties do not reach an agreement, by judicial decision. (12) In the exercise of the right of passage for the public utilities provided in par. (10) the executors also have the following rights: a) to temporarily store on the land necessary for the execution of works, equipment, machinery, installations and auxiliary constructions; b) to abolish/restrict, as appropriate, crops, plantations or other such existing, to the extent absolutely necessary for the execution of works and with the prior consent of the owner. " 11. In Article 6, the introductory part shall be amended and shall read as follows: "" Art. 6. -Public utility services are organized and operate in compliance with the legal provisions in force on local public administration, administrative and financial decentralization, regional development, local public finances and with compliance with principles: '. 12. in Article 7, the introductory part and letters b)-d) of paragraph 1 and the introductory part and points a) and c) of paragraph 2 shall be amended and shall read as follows: "" Art. 7. -(1) The organization and functioning of public utility services must ensure the fulfilment of the public service obligations defined according to the following fundamental requirements/requirements, namely: ..................................................................... b) qualitatively and quantitatively continuity; c) adaptability to user requirements; d) equal and non-discriminatory accessibility to the public service; ..................................................................... (2) The organisation, supply/provision and management of public utility services shall ensure: a) satisfying the quantitative and qualitative requirements of the users; ..................................................................... c) protection of users; ". 13. In Article 8, paragraph 1 and the introductory part and letter c) of paragraph 3 shall be amended and shall read as follows: "" Art. 8. -(1) Local public administration authorities have exclusive competence, under the law, in respect of the establishment, organization, management and operation of public utility services, as well as in terms of creation, development, modernization, rehabilitation and exploitation of public or private property of administrative-territorial units that compose public utility systems. .................................................................. (3) In the exercise of their powers and duties in the sphere of public utilities, the deliberative authorities of the local public administration provide the necessary framework for the provision of public utility services and adopt Decisions in relation to: .................................................................. c) association with other administrative-territorial units for the purpose of establishment, organization, management and exploitation in the common interest of public utility services, including for the financing and realization of specific investment objectives public utility systems; '. 14. In Article 8 (3), after letter d) two new letters, letters d ^ 1) and d ^ 2) are inserted, with the following contents: " d ^ 1) the approval of the award documentation, which will necessarily include the draft delegation contract to be awarded and the mandatory annexes thereto-in the case of delegated management; d ^ 2) approval of the modification of the delegation contracts; ". 15. In Article 8 (3), points e), g), j) and k) shall be amended and shall read as follows: " e) the tracking, monitoring and reporting of performance indicators and the application of the methodology of comparison of these indicators, developed by the Ministry of Regional Development and Public Administration, by reference to the operator with the best performance in the field of Community public utility services; ..................................................................... g) contracting or guaranteeing loans, as well as contracting of local public debt through securities issues, under the law, on behalf of the administrative-territorial unit, for the financing of investment programs in order to development, rehabilitation and modernisation of public systems. If, through the contract of delegation of management, the operator has the obligation to make investments in public infrastructure, contracting or guaranteeing loans by the local public administration authority, in favour of the operator, may involve State aid elements and the implementation of the measure in question is carried out in compliance with national and Community rules in the field; ..................................................................... j) the establishment and annual approval of the fees for the financing of community utility services, in the situations provided by the special laws; k) approval of the establishment, adjustment or modification of prices and tariffs, as the case may be, under the special law, in compliance with the methodological norms/procedures developed and approved by the competent regulatory authorities; ". 16. Article 8 (4) shall be repealed. 17. In Article 9, the introductory part and letters a) and h) of paragraph 1 and letter g) of paragraph 2 shall be amended and shall read as follows: "" Art. 9. -(1) The legal relations between the local public administration authorities or, as the case may be, between the intercommunity development associations with the purpose of public utility services and users, established on the basis of the provisions of this law, are legal relations of an administrative nature, subject to legal rules of public law. Local public administration authorities have the following obligations to users of public utility services: a) to ensure the management of public utility services so as to comply with the specific public service obligations; .................................................................... h) to monitor and control how to comply with the obligations set out in the task of the operators, including those assumed by the operators through the management contracts for the management of: compliance with performance indicators and levels services, periodic adjustment of the tariffs according to the adjustment formulas negotiated at the conclusion of the delegation contracts, in compliance with the provisions Competition law no. 21/1996 , republished, efficient and safe operation of public utility systems or other goods belonging to the public and/or private patrimony of administrative-territorial units, related to services, realization of investments provided in the contract to delegate the management of the operator, to ensure the protection of the environment and the public domain, to ensure the protection of users; ...................................................................... g) refuse, in justified conditions, the approval of the prices and tariffs proposed by the operator; ". 18. In Article 9 (2), after letter g) a new letter, letter h) is inserted, with the following contents: "" h) terminate the contracts for the delegation of management under the conditions and situations provided for by the contractual clauses. " 19. In Article 10, paragraphs 1, 4 and 5 shall be amended and shall read as follows: "" Art. 10. -(1) Two or more administrative-territorial units, within the limits of the powers of their deliberative and executive authorities, may cooperate and associate, under the law, for the purpose of constituting development associations intercommunity with the purpose of providing/providing in common the Community public utilities services and the establishment, modernization, rehabilitation and/or development, as the case may be, of the related public utility systems. .................................................................. (4) The administrative-territorial units may, under the law, mandate the intercommunity development associations with the purpose of public utility services, by decisions of their deliberative authorities, to exercise, on their behalf and on their behalf, the right to delegate the management of public utility services transferred to the responsibility of associations, including the right to make available public utility systems related to the public utility services transferred. To this end, the decisions of the local public administration authorities regarding the mandating and the legal acts of establishment of any association must contain detailed and complete provisions on the conditions of exercise by it special mandate entrusted. (5) The administrative-territorial units may mandate the intercommunity development associations with the purpose of public utility services, under the conditions established by the Articles of Association and the Statute of the Association, to exercise, on their behalf and on their behalf, the duties, rights and obligations laid down in Article 8 8 para. ((3), art. 9 9 and art. 22 22 para. ((3) and (4), except for those provided in art. 8 8 para. ((3) lit. b)-d), f)-h) and art. 9 9 para. ((1) lit. d). Exercise of the duties, rights and obligations provided in art. 8 8 para. ((3) lit. a), d ^ 1), d ^ 2), i)-k), art. 9 9 para. ((2) lit. g), art. 27 27, art. 29 29 para. ((2), art. 30 30 para. ((5) and art. 32 32 para. ((4) is subject to the prior receipt of a special mandate from the deliberative authorities of the administrative-territorial units of the association. " 20. in Article 10, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: " (5 ^ 1) If the deliberative authorities of the administrative-territorial units do not rule on the decisions on granting the special mandates provided in par. (5) within 30 days from the receipt of the request, it is presumed that the administrative-territorial units have tacitly accepted the delegation of their duties. " 21. in Article 10, after paragraph 10, a new paragraph (11) is inserted, with the following contents: " (11) The administrative-territorial units of the inter-community development associations with the purpose of public utility services that have delegated together the public utilities management to the same regional operator/operator may withdraw from the association before the expiry date of the contracts for the delegation of the management of the services only with the agreement of the majority of the other administrative-territorial units, expressed by decisions of their deliberative authorities, and with the written consent of the financing entities, where they benefit from investment projects co-financed by European funds, and only after payment of the compensation provided for in the contracts for the delegation of the management of the services or, where applicable, in the status of inter-community development associations with the aim of public utilities. " 22. In Article 11 (4), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) the adoption and implementation of measures aimed at respecting Romania's commitments regarding the field of public utility services, assumed by the Treaty of Accession to the European Union, sustainable development, reaching the European Union standards in the field and the elimination of economic and social disparities resulting from Romania and the other Member States; ". 23. In Article 11 (4), point g) shall be amended and shall read as follows: " g) the promotion of collaboration, in various forms, between the local public administration authorities and the private sector to finance the establishment, development, modernization and exploitation of public utility services, namely the goods that compose the public utility systems related to them; ". 24. Article 11 (5) to (7) shall be repealed. 25. In Article 12, letter e) is amended and shall read as follows: "" e) carry out, in collaboration with other competent authorities, the system of performance indicators of public utilities, enabling systemic and comparative analysis of costs, by reference to a typical undertaking, well managed and properly equipped with the necessary resources to fulfill public service obligations; ". 26. Article 13 (2), letter a) shall be amended and shall read as follows: "" a) water supply and sewerage; '. 27. Article 13 (2), (b), (c), (d) and (g) shall be repealed. 28. in Article 13, point h) of paragraph 2 and paragraph 5 shall be amended and shall read as follows: " h) local public passenger transport, according to the powers granted by the special law. ............................................................... ((5) A.R.R. is the competent regulatory authority for the local public passenger transport service according to the powers granted by the special law. " 29. In Article 14, paragraph 1 shall be amended and shall read as follows: "" Art. 14. -(1) A.N.R.S.C. is a public institution of national interest, with legal personality, having as main object the regulation, monitoring and control at the central level of activities in the field of community utility services located in its regulatory sphere, according to the law. " 30. in Article 14, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) A.N.R.S.C. operates and operates on the basis of its own organization and functioning regulation, approved by order of the President of A.N.R.S. C, with the opinion of the Minister of Regional Development and Public Administration. " 31. Article 15 is amended and shall read as follows: "" Art. 15. -(1) The activity of A.N.R.S.C. is fully financed from own income obtained from: a) tariffs charged for granting licences/authorizations/attestations; b) tariffs charged for the maintenance/monitoring of licenses/authorizations/attestations; c) tariffs for the provision of services granted on request; d) any other amounts collected under the law, as well as the contributions in the amount of 0,12% due by: (i) providers/providers of community utilities services, from their own incomes registered as a result of the provision/provision of services/activities in the regulatory sphere of A.N.R.S.C.; (ii) economic operators who perform activities specific to the water supply and sewerage service and who do not operate public systems, from the revenues recorded as a result of the supply/provision of services. (2) A.N.R.S.C. issues tax invoices for the income obtained from the tariffs provided in par. ((1). The level of these tariffs, as well as the manner of their payment are established by order of the President of A.N.R.S.C., according to the legal regulations in force. (3) The method of payment of the contribution provided in par. ((1) lit. d), as well as its amount shall be established by order of the President of the A.N.R.S.C., according to the regulations (4) The annual revenue and expenditure budget is approved by the President of the A.N.R.S.C. with the agreement of the principal authorising officer, and the budget execution is carried out according to the specific legislation in force and is subject to control procedures internal audit. ((5) The annual surplus resulting from the implementation of the revenue and expenditure budget shall be carried over as a source of funding in the following year. The deficit shall be covered by the surplus made in previous years. (6) A.N.R.S.C. may benefit from programs with international funding. " 32. In Article 16, paragraph 1 shall be amended and shall read as follows: "" Art. 16. -(1) A.N.R.S.C. is headed by a president, seconded by the Vice-President, appointed and revoked by the Prime Minister on the proposal of the Minister of Regional Development and Public Administration, for a term of 5 years. " 33. Article 17 is amended and shall read as follows: "" Art. 17. -(1) A.N.R.S.C. is assisted by an advisory board whose works coordinate them. (2) The composition, working and remuneration of the members of the Advisory Council shall be established by order of the President of the A.N.R.S.C. with the opinion of the Minister of Regional Development and Public Administration 34. In Article 18, paragraph 1 shall be amended and shall read as follows: "" Art. 18. -(1) The maximum number of posts in A.N.R.S.C. is 175, exclusively the president, vice president and staff related to the president's cabinet. The organizational structure, the state of functions and the personnel norms of A.N.R.S.C. are established by the regulation of organization and functioning of A.N.R.S.C. " 35. In Article 19, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) Salarization of the personnel of A.N.R.S.C., of the President and of the Vice-President, including the money rights and other personnel rights, as well as those during the delegation and posting to another locality in the interest of the service, shall be established only under conditions Law no. 53/2003 -Labor Code, republished, with subsequent amendments and completions, through negotiation within the collective agreement at the level of A.N.R.S.C. and individual employment contracts, within the limits of the revenue and expenditure budget, the provisions General normative acts aimed at establishing collective or individual salary rights in the budgetary sector are not applicable. The maximum level of gross monthly basic salary in the salary scale does not exceed the maximum level of gross monthly basic salary for staff within the Government working apparatus. The regime and principles of these rights shall be established by the Regulation of organization and functioning approved by the order of the President of the ((4) The employment, promotion, and modification, suspension or termination of employment of personnel from the own apparatus of the A.N.R.S.C. shall be made in accordance with the legal regulations in force, as well as with the provisions of the organization and functioning and of the collective agreement and are approved by decision of the president, under the law. " 36. Article 20 (1), point a) shall be amended and shall read as follows: "" a) develop and establish sector-specific tertiary level regulations; '; 37. Article 20 (1), (c) and (d) shall be repealed. 38. Article 20 (1), letter e) shall be amended and shall read as follows: "e) notice/approve the establishment, adjustment or modification of prices and tariffs for public utility services, when/if these notices/approvals are provided for by the special laws;". 39. In Article 20 (1), after letter h) a new letter, letter h ^ 1) is inserted, with the following contents: " h ^ 1) monitors the fulfilment by the local public administration authorities or, as the case may be, by the operators of the obligations provided in art. 5 5 para. ((3) and (7), apply the contravention sanctions in case of non-compliance with them; ". 40. Article 20 (1), points j), m) and n) shall be repealed. 41. in Article 20 (1), points o) and p) shall be amended and shall read as follows: " o) notify the Competition Council whenever it finds non-compliance with the regulations on competition and those in the field of state aid; .................................................................. p) proposes to the local public administration authorities and the Competition Council measures to restrict the areas in which monopoly conditions are manifested, as well as to prevent the abuse of dominant position on the market, in order to limit the effects of the monopoly character of the services; '. 42. In Article 21 (1), the introductory part and letter c) shall be amended and shall read as follows: "" Art. 21. -(1) A.N.R.S.C. is empowered to approve, by order of its president, the following regulations: ........................................................... c) the regulation for the attestation of installers and economic operators who design or execute public transport and distribution objectives/systems in the water sector; ". 43. Article 21 (1), points d) and e) shall be repealed. 44. In Article 21 (1), after letter e) a new letter, letter f) is inserted, with the following contents: "f) framework regulations, framework specifications and framework contracts for the supply/provision of services in its regulatory sphere." 45. In Article 21, paragraph 2 shall be amended and shall read as follows: "(2) A.N.R.S.C. elaborates and approves by order the Regulation on the granting of licenses, applicable to suppliers/suppliers in its regulatory sphere, in accordance with the provisions of special laws." 46. In Article 21, after paragraph 4, two new paragraphs are inserted, paragraphs 5 and 6, with the following contents: " (5) The granting of attestations shall be made by a commission established according to the regulation provided in par. ((1) lit. c), of which they can be part, with an advisory role, and specialists with at least 10 years old in the specialty, designated by professional associations with national representativeness in the public utility services sector. (6) A.N.R.S.C. collaborates with the National Agency for Public Procurement, hereinafter referred to as A.N.A.P., to the elaboration of standard documents, forms and framework contracts for the delegation of the management of public utilities services, which are approved by joint order of the President of A.N.A.P. and the President of A.N.R.S.C. " 47. In Article 22, paragraph 1 shall be amended and shall read as follows: "" Art. 22. -(1) Local public administration authorities shall be free to decide on the management of public utilities under their responsibility. Public administration authorities have the possibility to directly manage public utility services on the basis of a decision to give into administration or to entrust their management, i.e. all or only part of the powers and own responsibilities for the supply/provision of a public utility service or of one or more activities within the scope of that public utility service, on the basis of a contract for the delegation of management. '; 48. In Article 22, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) Entrusting the management of a public utility service or of one or more activities in the sphere of that public utility service to the operator involves entrusting the provision/supply itself of the service/activity, as well as making available the goods that compose the public utility system related to the service/activity. " 49. In Article 22, paragraphs 3 and 5 shall be amended and shall read as follows: " (3) The method of management of public utility services is established by decisions of the deliberative authorities of the administrative-territorial units, based on an opportunity study, depending on the nature and state of the service, the need to ensure the best price/quality ratio, the current and prospective interests of administrative-territorial units, as well as the size and complexity of public utility systems. ............................................................ (5) Any agreements or association agreements and any concerted practices between operators, irrespective of the way of organisation, form of ownership or the manner of management adopted, which lead to the accentuation of the monopoly character of the public utility services, to restrict, impede or distort competition in the public utility services market. " 50. in Article 23, point b) of paragraph 1 and paragraph 2 shall be amended and shall read as follows: " b) contracts for the delegation of the management of public utilities in the case of delegated management. .......................................................... (2) The legal reports between the operators of public utilities and the users of these services are regulated by the contract for the supply/provision of public utility services concluded in compliance with the provisions of the framework contract for the supply/provision of public utility services, the legal provisions in force, the regulations of the services and their specific specifications. " 51. In Article 24 (1), the introductory part and letter a) shall be amended and shall read as follows: "" Art. 24. -(1) The goods composing the public utility systems through which public utility services are provided/provided may be: a) data in administration and exploited on the basis of the management decision; ". 52. Article 25 (5) shall be amended and shall read as follows: " (5) The goods carried out by the operators in accordance with the investment programs imposed by the contract for the delegation of the management constitute return goods that come back by right, upon expiry of the contract, free of charge and free of any tasks, to the units administrative-territorial and are integrated into their public domain. " 53. Article 27 is amended and shall read as follows: "" Art. 27. -(1) Corporate governance rules provided for by Government Emergency Ordinance no. 109/2011 on the corporate governance of public enterprises, with subsequent amendments and completions, approved with amendments and additions by Law no. 111/2016 ,, shall also apply accordingly to the regional operators referred to in art. 2 lit. h). (2) For the purposes of art. 2 2 section 3 of Government Emergency Ordinance no. 109/2011 with subsequent amendments and completions, approved with amendments and additions by Law no. 111/2016 , if several administrative-territorial units participate, by association, in the share capital of a company or the patrimony of an autonomous kingdom, the duties of public authority shall be exercised by the establishment the designated administrative-territorial or the associative entity constituted according to the legal provisions, as the case may be, as provided for in the articles of association/establishment. (3) By exception to the provisions of par. ((2), for operators who have been delegated the management of the public utility service, on the basis of a contract for delegation of management concluded with an association of inter-community development, the duties of guardianship shall be exercised by the intercommunity development association, on behalf of and on behalf of administrative-territorial units. " 54. In Article 28, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) By exception to the provisions of par. (1), public utility services may also be provided by local or county self-interest, regulated by Law no. 15/1990 on the reorganization of state economic units as autonomous kings and commercial companies, as amended, only if they still have ongoing investment projects co-financed by European funds, until their completion. ((4) Operators organized as public services of local or county interest, with legal personality, are legal subjects of fiscal law, are holders of the single tax registration code and of open accounts at the territorial units of treasury or banking units and prepare, under the law, revenue and expenditure budget and annual financial statements. " 55. Article 29 (3) shall be repealed. 56. In Article 29, paragraphs 10 and 11 shall be amended and shall read as follows: " (10) The contract for delegation of management shall be compulsorily accompanied by the following Annexes: a) the specification for the supply/provision of the service; b) the service regulation; c) inventory of movable and immovable property, public or private property of administrative-territorial units, related to the service; d) the minutes of handing over the goods referred to in lett. c); e) technical indicators related to the targets/objectives assumed at national level. (11) The contract for the delegation of management shall necessarily include clauses relating to: a) the name of b) the object of the contract, with the indication of the activities in the sphere of the public utilities service to be provided/provided under the contract of delegation of the management, as provided for in the special laws; c) contract duration; d) the territorial area on which the services will be provided; e) the rights and obligations of the Contracting Parties with regard to the supply/provision of the service and the related public utility system, including the content and duration of public service obligations; f) the way of distribution of risks between the parties, in the case of concession contracts; g) nature of any exclusive or special rights granted to the delegate; h) the tasks and responsibilities of the parties with regard to investments/investment programs, such as rehabilitation, modernizations, new objectives, extensions, including the way of financing them; i) performance indicators on the quality and quantity of the service and how to monitor and assess their performance; j) the prices/tariffs that the delegate has the right to practice at the time of the start of the supply/provision of the service, as well as the rules, principles and/or formulas for adjustment and modification thereof; k) compensation for public service obligations in charge of the delegate, if applicable, with the indication of the parameters for calculation, control and revision of the compensation, as well as the ways of avoiding and recovering any overcompensation; l) how to invoicing the value of the services provided directly to the users and/or to the delegate, as the case may be; m) the level of the royalty or other obligations, as the case may be; when determining the level of the royalty, the local public authority shall take into account the calculated value similar to the depreciation for fixed assets in public property and made available the operator with the entrustment of the public utility service/activity and the degree of population supportability. The level of the fee shall be established in a transparent and non-discriminatory manner for all potential public utility operators using the same calculation methodology; n) the guarantee of good execution of the contract, with the indication of the value, the way of formation and its execution; o) contractual liability; p) force majeure; q) the conditions for the revision of the contractual clauses; r) the conditions of restitution or distribution, as the case may be, of the goods, at the end of any cause of the contract of delegation of the management, including the goods resulting from the investments made; s) maintaining the contractual balance; t) cases of termination and conditions of termination of the contract of delegation of management; u) labour force; v) other clauses agreed by the parties, as appropriate. ' 57. in Article 29, after paragraph 12, two new paragraphs are inserted, paragraphs 13 and 14, with the following contents: " (13) In the case of public utility services provided in art. 1 1 para. ((2), the procedure for the award of contracts for the delegation of management shall be determined, as appropriate, according to the provisions of Law no. 98/2016 on public procurement, Law no. 99/2016 on sectoral procurement and Law no. 100/2016 on works concessions and service concessions. (14) The sub-delegation by the operator of the management of the service/one or more activities within the scope of the public utility service shall be prohibited. Subcontracting of works or related services, necessary for the supply/provision of services/one or more activities in the sphere of delegated/delegated public utilities service, shall be done only under the conditions provided by the legislation of the public procurement. " 58. In Article 30, paragraphs 1, 2 and 5 shall be amended and shall read as follows: "" Art. 30. -(1) The organization and conduct of the procedures for the award of the contract for the delegation of management for the public utilities services provided in art. 1 1 para. ((2) shall be made on the basis of an award documentation drawn up by the delegation, as appropriate, in accordance with the provisions of Law no. 98/2016 , Law no. 99/2016 and Law no. 100/2016 . (2) The local public administration authorities have the obligation to initiate the procedure for the award of contracts for the delegation of management at least 6 months before the end of the pending contracts; otherwise they cannot invoke emergency reasons for awarding contracts. ............................................................. (5) The award documentation shall contain all the information necessary to provide the bidder with a complete, correct and explicit information on how to organize, conduct and apply the procedure for the award of the delegation contract of management and shall necessarily include the draft delegation contract of the management and the obligatory annexes referred to in art. 29 29 para. ((13). In the case of intercommunity development associations with the purpose of public utility services, the award documentation is elaborated within the association, it is subject to the approval of the deliberative authorities of the administrative-territorial units members and approved by the general assembly of the association, in its capacity as a deliberative body, on the basis of the mandate received. " 59. Article 33 (2), (3) and (7) shall be amended and shall read as follows: " (2) Local public administration authorities shall adopt within a maximum of 30 days the necessary decisions to ensure the provision/provision of public utility services/activities in any of the following situations: a) revocation, repeal, cancellation or termination in any other way of the effects of the delivery decision; b) pre-term termination of the contract for the delegation of the management; c) failure to grant, withdraw or terminate the validity of the licence ((3) Operators of public utilities services in any of the situations referred to in par. (2) have the obligation, at the request of the local public administration authorities, to ensure the continuity of the supply/provision of services/activities in the sphere of public utilities until the date of designation of the new operator, but no more than 90 90 days. ................................................................. (7) Providers/providers of public utility services are required to comply with the control and comply with the measures established during the control activity, as well as to make available to the authorities of the authorities local public administration, intercommunity development associations with the purpose of public utility services or, where appropriate, the competent regulatory authorities of all the data and information required. " 60. Article 36 (1) shall be repealed. 61. In Article 36, paragraph 4 shall be amended and shall read as follows: " (4) In cases of force majeure, the provisions of para. ((3) may apply with a notice below the limit of 5 days. " 62. In Article 37, paragraph 1 shall be amended and shall read as follows: "" Art. 37. --(1) Interventions for carrying out retrofitting, maintenance and repair works on constructions or installations related to public utility systems, established by the annual programs, which require interruption of supply/supply services shall be brought to the attention of users at least 10 days before the scheduled date. " 63. in Article 38, points a) and b) of paragraph 1 and paragraph 2 shall be amended and shall read as follows: "" a) A.N.R.S.C. -for the services provided in art. 1 1 para. ((2) lit. a)-c), e) and f); b) A.N.R.E. -for the service provided in art. 1 1 para. ((2) lit. d); ............................................................. (2) The granting of the route licences, in the case of the local public passenger transport service, shall be made by the committees established for this purpose at the level of the public administration authorities. " 64. In Article 40, letter c) is amended and shall read as follows: " c) the possession of all opinions, agreements and authorizations necessary for the supply/provision of the public utility service and the exploitation of the related public utility systems, provided by the legislation in force or, as the case may be, 65. Article 41 (2), point b) shall be amended and shall read as follows: "" b) to request and receive, under the law and supply/provision contracts, compensation or compensation for damages caused to them by the operators by non-compliance with the contractual obligations assumed or by the supply/provision lower, qualitative and quantitative services, technical parameters established by contract or provided by the legal regulations in force; ". 66. in Article 42, the introductory part and points a) and c) of paragraph 1, paragraphs 3, 4 and the introductory part of paragraph 6 shall be amended and shall read as follows: "" Art. 42. -(1) Users benefit from the provision/provision of a public utility service: a) on the basis of a supply or service contract concluded between the operator and the user; ............................................................. c) by paying a fee, if the conclusion of the contract for the supply or provision of the service between the operator and the user is not possible for technical or commercial reasons or if the decision or the contract for delegation of management provides for this modality. (3) In the case of services provided/provided on a continuous basis through pipeline networks-respectively water supply and sewerage service and heat supply service in centralized system-, the provision or provision of services shall be concluded between the operator and the user for an indefinite period. In case of change of operator, the new operator subrogue itself into the rights and obligations of the previous operator and will notify users in this regard. (4) The competition of public utility services is established on the basis of prices/tariffs approved according to the legislation in force and the consumption/quantities provided and paid on the basis of the invoice issued by the operator. ................................................................ (6) In the case of existing condominial buildings, the individualization of utility consumptions in order to distribute them and, as the case may be, individual invoicing is carried out, depending on the distribution system adopted, either: ". 67. In Article 42, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: "" (6 ^ 1) The bill issued for public utility services is enforceable. " 68. In Article 42, paragraphs 7 and 9 shall be amended and shall read as follows: " (7) In the design and realization of condominial buildings, regardless of destination, connected to public distribution networks, it is mandatory to equip them with consumption-recording systems for both the entire building and for each apartment or space with another destination in the building, in order to ensure the conditions for the individualization of consumption and the conclusion of individual contracts. ........................................................... ((9) The invoice for the services provided/rendered shall be issued no later than the 15th of the month following that in which the performance was performed. Users of public utility services, natural or legal persons, are obliged to pay the bills representing the value of the services provided/rendered within the maturity of 15 days from the date of issue of the invoices; sign up the bill The maturity date for payment of the invoice shall be taken into account as from the date of issue of the invoice. ' 69. In Article 43, paragraph 1, the introductory part and point d) of paragraph 2 and paragraphs 4 to 8 shall be amended and shall read as follows: "" Art. 43. -(1) The financing of current expenditures for the supply/provision of public utility services, as well as for the maintenance, operation and operation of the related systems is carried out on economic and commercial criteria; the financial means necessary to carry out the activities specific to each service shall be ensured through the revenue and expenditure budgets of the operators and, where appropriate, from budgetary (2) The revenues of the operators shall be constituted by collecting from the users, in the form of prices or tariffs, the amounts representing the value of the services provided/rendered and, as the case may be, from the budgetary allocations, in compliance with the following principles ........................................................... d) the total recovery by operators of the costs of the supply/provision of services, except in the situations in which they provide/provide the public utility services on the basis of a concession contract. ................................................................... (4) The establishment, adjustment and modification of prices and tariffs of public utility services shall be made in compliance with the methodologies developed by the competent regulatory authorities. (5) The prices and tariffs for the payment of public utility services shall be proposed by the operators and shall be determined, adjusted or modified by decisions of the deliberative authorities of the administrative-territorial units or, as the case may be, of the associations of inter-community development aimed at public utility services, under the conditions of special laws, in compliance with the methodologies developed by the competent regulatory authority. ((6) Litigies on the establishment, adjustment or modification of prices and/or tariffs between local public administration authorities and operators or between intercommunity development associations with the aim of public utilities and operators, as the case may be, shall be settled by the competent courts according to the law (7) The prices, tariffs and fees established and charged in violation of the provisions of this Law are unlawful and the amounts collected unearned and found as such by the regulatory authorities shall be returned to the users from whom they were collected or at local budgets, as appropriate. (8) For the provision of services related to public utility services, such as the issuance of agreements and opinions, verification of technical-economic documentation, technical expertise, service of use facilities and the like, tariffs are based on types of works or services provided by operators and are approved by decisions of the deliberative authorities of administrative-territorial units or, as the case may be, of inter-community development associations aimed at public utility services, on behalf of and on behalf of establishments administrative-territorial member. These services shall be charged and collected separately by regional operators/operators. " 70. Article 44 (2), point d) shall be amended and shall read as follows: "d) special funds established on the basis of taxes, established at the level of local public administration authorities, according to the law;". 71. Article 44 (2), point (f) shall be repealed. 72. In Article 44, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The administrative-territorial unit/Inter-Community Development Association for the purpose of public utility services has the obligation to transmit to the Ministry of Public Finance, within 30 days from the signing, the contract for delegation of management or any modification thereof concluded with an operator, involving the establishment, modernization, rehabilitation and/or development, as the case may be, of the related public utility systems, with a view to assessing the impact of the project on the applicable law in the field of public finances and deficit and debt public 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, if at least one of the conditions laid down by order of the Minister of Finance public. " 73. Article 46 shall be repealed. 74. After Article 46, a new article is inserted, Article 46 ^ 1, with the following contents: "" Art. 46 46 ^ 1. -Constitutes a crime in the field of public utility services and is punishable by the provisions Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, if committed with intent, the following facts: a) the theft of water from the public water supply system; b) the theft of thermal agent from the heat supply system. " 75. In Article 47 (1), point b) shall be amended and shall read as follows: "b) the users ' non-compliance with the deadlines for the conclusion of the individual metering action at the apartment level;". 76. In Article 47 (2), after letter c) a new letter, letter d) is inserted, with the following contents: " d) non-compliance with 44 44 para. ((2 ^ 1). ' 77. In Article 47 (3), after letter e) a new letter, letter f) is inserted, with the following contents: " f) non-compliance by the local public administration authorities with the obligations provided in art. 5 5 para. ((3) and (7). ' 78. In Article 47 (4), point d) shall be amended and shall read as follows: "d) supply/provision of public utility services without decision of administration;". 79. In Article 47 (4), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) supply/provision of public utility services without contract to delegate management;". 80. In Article 47 (4), points e) and f) shall be amended and shall read as follows: " e) the practice of unapproved prices and/or tariffs or higher than those approved by local public administration authorities, inter-community development associations for the purpose of public utility services or by the authority of regulatory competence, where appropriate, on the basis of the methodologies established by the competent regulatory authorities; f) the conclusion by the contracting authorities of the contracts for the delegation of the management of public utilities services without complying with the provisions of this law and/or the legislation specific to each service; ". 81. Article 47 (4), point i) shall be repealed. 82. In Article 48, paragraph 1 shall be amended and shall read as follows: "" Art. 48. -(1) Finding the contraventions provided in art. 47 and the application of sanctions are made, according to the powers established in this law, by representatives of the Minister of Internal Affairs, the Minister of Regional Development and Public Administration, the Minister of Transport, the the Minister of Public Finance, the Presidents of A.N.R.S.C., A.N.R.E., A.R.R., of the National Environmental Guard under the Ministry of Environment, Water and Forestry, of the presidents of the county councils, of the mayors or, as the case may be, of the presidents associations of inter-community development aimed at utility services public, pursuant to the mandate granted to them by the administrative-territorial units. " 83. Article 50 (1), (2) and (4) shall be repealed. 84. In Article 51, paragraph 1 shall be amended and shall read as follows: " Article 51. -(1) By way of derogation from the Social Dialogue Law no. 62/2011 , republished, with subsequent amendments and completions, the collective agreement concluded at the level of the activity sector " Community services and public utilities. Waste management, decontamination and environmental protection activities " will be applied by all operators/providers of public utility services, regardless of the method of management adopted or the form of ownership, of the organization or country of origin of the operator. " 85. In Article 51, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) Settlement of disputes between administrative-territorial units or, where applicable, inter-community development associations with the purpose of public utility services and regional operators/operators in relation to direct award, the conclusion, execution, modification and termination of the contracts for the delegation of management, as well as those concerning the granting of compensation shall be carried out according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. The application shall be entered at the administrative division of the tribunal in whose territorial jurisdiction the seat of the operator is located. " 86. Article 52 is amended and shall read as follows: "" Art. 52. --(1) The measures of the nature of state aid may be granted only after their approval by the Competition Council, in compliance with the national procedure provided for in Government Emergency Ordinance no. 77/2014 on national procedures in the field of State aid and amending and supplementing Competition law no. 21/1996 , approved with amendments and additions by Law no. 20/2015 ,, as amended, as well as Community procedures in the field of State aid. (2) The contracts for delegation of management will be awarded directly only after obtaining the opinion of the Competition Council regarding compliance with the specific provisions in the field of competition and state aid. (3) By exception to the provisions of par. (2), contracts for the delegation of management may be awarded directly, without the opinion of the Competition Council, when their estimated value is less than the corresponding thresholds provided for in art. 7 7 para. ((5) of Law no. 98/2016 ,, where applicable, at art. 12 12 para. ((4) of Law no. 99/2016 , as well as regional operators implementing projects financed by European grants in the water and wastewater sector. (4) For the issuance of the opinion referred to in (1) and (2), the Competition Council will request, as the case may be, an advisory opinion from the competent regulatory authorities. (5) In application of para. (2) The Competition Council will issue a Regulation on compliance with the application of the competition and state aid rules, which will be published in the Official Gazette of Romania, Part I. obtaining the opinion provided in par. ((2), for projects financed by European grants and for public utility services where a system of service indicators is used to improve performance through systematic analysis and adaptation to best practices in the field/cost standards, taking into account the degree of impairment of competition in the relevant market. " 87. After Article 52, a new article is inserted, Article 52 ^ 1, with the following contents: "" Art. 52 52 ^ 1. -(1) The administrative-territorial units, based on the exclusive competences they have in the organization of public utility services, shall be responsible for not fulfilling the commitments made in order to use bank loans, of non-reimbursable funds, of funds transferred from the state budget, as participation in the co-financing of investment programs made with external financing, as well as from the budgets of main authorising officers of the state budget, necessary to finance and make investments related to utility systems public, in order to achieve the compliance targets assumed by Romania through the Treaty of Accession to the European Union and/or imposed by the European regulations and directives transposed into national law. (2) If the administrative-territorial units violate the commitments provided in par. (1), the Ministry with the role of management authority/management authority shall notify, pursuant to the financing contracts, the respective administrative-territorial units of the broken commitments and request that within 30 days calendar, take the necessary measures to remedy the situation created. (3) If the administrative-territorial units do not take the necessary measures provided in par. (2), the ministry with the role of managing authority/managing authority requests the refund of the damage created. (4) If the administrative-territorial units do not return the damage within the established period, the ministry with the role of management authority/management authority shall request, in writing, the Ministry of Public Finance to stop the supply with allowances broken down from income tax and by amounts broken down from some state budget income for balancing, except payments for payment of salary rights and related contributions when unable to be insured from own income. The allocation and use of the deducted allowances from the income tax and the amounts broken down from some revenues of the state budget for balancing the local budgets, which were stopped under the conditions of other normative acts in force, shall be maintained. (5) After the recovery of the amounts due by way of repair of the damage or if the administrative-territorial units take the necessary measures to remedy the violations found, the ministry management communicates in writing to the Ministry of Public Finance, which orders the termination of the restrictions ((4). (6) At the request of the main authorising officers of the local budgets committing to pay the amounts provided in par. ((3) and in which the ministry is mentioned as managing authority/managing authority as beneficiary of the amounts and details on payment, the Directors-General of the Regional General Directorates of Public Finance/Director General of the The Regional General Directorate of Public Finance Bucharest/heads of administration of the county governments of public finances supply their accounts with both income tax and broken down shares of some of the county governments. state budget revenues for balancing local budgets, up to the level the amounts requested for the payment of the amounts unduly settled, provided in par. ((3). (7) Within two working days from the date of allocation of the amounts, the principal authorising officers of the local budgets shall submit to the territorial units of the State Treasury the payment documents by which they pay the amounts settled unearned, provided in par. ((3), according to those mentioned in the application. (8) If the authorising officers do not present the payment documents within the period provided in par. ((7) or if they are not drawn up according to the destination provided in par. (6), the territorial units of the State Treasury have the obligation to withdraw from the accounts of the local budgets the amounts related to the shares broken down from the income tax, as well as the amounts broken down from some state budget revenues for balancing local budgets, which have been allocated on the basis of the application, corresponding to payment documents not presented or erroneously drawn up. The territorial units of the State Treasury have the obligation to communicate immediately to the main authorising officers of the local budgets the amounts that were withdrawn and the reasons for which they were withdrawn. (9) The ministries involved are obliged to ensure the transfer of funds from the state budget for the financing of contracts signed with administrative-territorial units. If the ministries involved do not ensure the transfer of funds from the state budget to finance the contracts signed with the administrative-territorial units, they are directly responsible for the consequences of non-financing contracts. " + Article II (1) Until the approval of the regulation provided in art. 21 21 para. ((2) of Law of Community Public Utilities Services no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, shall continue to apply Government Decision no. 745/2007 for the approval of the Regulation on the granting of licenses in the field of public utility services, as amended, except for the provisions of art. 15 15-20 of this Regulation. (2) On the date of entry into force of the regulation provided in par. ((1) is repealed Government Decision no. 745/2007 , published in the Official Gazette of Romania, Part I, no. 531 531 of 6 August 2007, as amended. (3) Licences that give the holder the permission to provide/provide the public utility service or one or more of its specific activities granted by A.N.R.S.C. pursuant to art. 21 of the Regulation on the granting of licences in the field of public utility services, approved by Government Decision no. 745/2007 , as amended, shall retain their validity until their expiry date. + Article III (1) Within 60 days from the date of entry into force of this Law, the Regulation on organization and functioning of the A.N.R.S.C. provided for in art. 14 14 para. ((1 ^ 1) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law and published in the Official Gazette of Romania, Part I. (2) On the date of publication of the Regulation on organization and functioning of the A.N.R.S.C. Government Decision no. 527/2013 on the approval of the Regulation on organization and functioning of the National Regulatory Authority for Community Services of Public Utilities-A.N.R.S.C., published in the Official Gazette of Romania, Part I, no. 497 497 of 7 August 2013. + Article IV ((1) The financing of expenses for the operation of A.N.R.S.C. until December 31, 2016 shall be ensured from the budget approved by the Ministry of Regional Development and Public Administration, in execution for 2016. ((2) The amounts collected by A.N.R.S.C. after the date of entry into force of this Law, from the sources provided for in art. 15 15 para. (1), of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, remain at its disposal. + Article V (1) The licenses and authorizations granted by A.N.R.S.C. in the field of heat supply service, valid on the date of entry into force of this law, may be maintained, modified, suspended or withdrawn by A.N.R.E., under the conditions provided by the legislation in force. (2) Within 30 days from the date of entry into force of this Law, A.N.R.S.C. shall, by means of takeover protocol, hand over to the A.N.R.E. the licenses granted to the operators within the scope of its competence, as well as the fitting and operation of distribution systems costs for heating and hot water consumption. (3) Licences and permits taken from A.N.R.S. C, according to the provisions of par. (2) may be modified, suspended or withdrawn by A.N.R.E., under the conditions provided by the legislation in force. (4) Until the elaboration and approval by order of the President of A.N.R.E. of the regulations provided by the provisions art. 14 of the Law on Public Power Supply Service no. 325/2006 , as amended, the provisions of the technical and commercial regulations issued by A.N.R.S.C. in the field of public thermal power supply service are applicable. + Article VI Order of the Minister of Public Finance art. 44 44 para. (2 ^ 1) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, shall be approved within 30 days from the date of entry into force of this Law. + Article VII Within 1 year from the date of entry into force of this Law, the local public administration authorities shall reorganize the functional compartments without legal personality, organized in the structure of the specialized apparatus of the mayor or, as the case may be, the president of the county council, in public services of local interest with legal personality organized under the local councils or county councils, as the case + Article VIII The provisions of the special laws of the Community public utility services are amended and duly completed with the provisions Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law. + Article IX (1) Within 3 years from the entry into force of this Law, the local public administration authorities shall take the necessary measures to ensure the conformity of the contracts concluded in compliance with the provisions Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law. (2) Failure to comply with the provisions of par. (1) constitutes a contravention and is found by the regulatory authorities and is sanctioned according to art. 47 47 para. ((3) lit. e) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law. + Article X All contracts/acts of award of the public utility service, concluded on the basis of the provisions of this law, will contain a clause stipulating that any modification of the legislation will lead to the modification of their right. + Article XI Procedure and content of the opinion art. 52 52 para. ((4) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as those brought by this law, shall be established by joint order of the President of the Competition Council and the heads of the competent regulatory authorities and shall be published in Official Gazette of Romania, Part I. + Article XII Within 90 days from the date of entry into force of this Law, the technical rules on the realization of the spatial data set, provided for in art. 5 5 para. ((5) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law. + Article XIII Within 90 days from the date of entry into force of this Law, the regional operators/operators who carried out the spatial data set, provided for art. 5 5 para. ((2) of Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, have the obligation to transmit it free of charge to the local public administration authorities. + Article XIV The date of entry into force of this Law shall be repealed: a) art. II para. ((1) of Law no. 204/2012 on approval Government Emergency Ordinance no. 13/2008 to amend and supplement Law of Community Public Utilities Services no. 51/2006 and a Law of the water supply and sewerage service no. 241/2006 , published in the Official Gazette of Romania, Part I, no. 791 791 of 26 November 2012; b) Government Decision no. 717/2008 for the approval of the Framework Procedures on the organisation, conduct and award of contracts for the delegation of the management of Community public utilities, the criteria for the framework selection of tenders for Community public utility services and the Framework Contract for the delegation of the management of the Community public utilities services, published in the Official Gazette of Romania, Part I, no. 546 546 of 18 July 2008. + Article XV Throughout the whole Law no. 51/2006 , republished, with subsequent amendments and completions, as well as with those brought by this law, the phrase "association of intercommunity development with object of activity public utility services" is replaced by the phrase " association of intercommunity development aimed at public utility services ", and the phrase" local community "is replaced by the phrase" local collectivity ". + Article XVI Law of Community Public Utilities Services no. 51/2006 , republished in the Official Gazette of Romania, Part I, no. 121 of March 5, 2013, 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, November 17, 2016. No. 225. -------