WE TRANSLATE LEGAL
Year 2, Issue 3, March 2014
The sale and purchase of agricultural land located in unincorporated
Law no. 262 of March 5, 2014 regarding some measures regulating the sale and purchase of agricultural land located in the city limits and amending Law no. 268/2001 regarding the privatization of the companies that own the land administration public and private property of the state of agricultural and establishment of the Agency of State Domains, published in the Official Gazette, Part I, no. 178 of 12 March 2014. According to the law farmland from outside the city to a depth of 30 km to the state border and the Black Sea, to the inside, and those from outside the city at a distance of up to 2400 m of Special targets may be alienated by sale only specific opinion of the Ministry of National Defense. In addition, agricultural land located outside the city, in which the archaeological sites may be alienated by sale only specific opinion of the Ministry of Culture, namely its decentralized public services. Alienation by sale, agricultural land is located in the city limits with respect to the substantive and procedural requirements laid down by Law. 287/2009 on the Civil Code, and the right of first refusal of the co-owners, lessees, owners neighbors and the Romanian state, the Agency of State Domains, in that order, at the price and on equal terms.
Thus, the city has an obligation to convey the structure of the central apparatus of the Ministry of Agriculture and Rural Development respectively territorial structures, a file containing the list preemptorilor and display copies of the application, the offer for sale and evidence provided in norms application of this law. However, pre-emption right holder shall, within 30 days, to express their purchase intention in writing, to notify the seller accepting the offer and to register at the town hall where it was displayed. Opinion necessary conclusion selling authentic by a notary public or court judgment by a court
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in lieu of the contract of sale is issued by the local structures for land areas up to 30 acres including the land surface and over 30 hectares, the central structure.
If preemptorul not fulfill this law, it will issue an adverse opinion. Alienation by sale of land located in unincorporated without respecting the right of first refusal or without obtaining permits is prohibited and sanctioned by absolute nullity. In addition, the sale and purchase of agricultural land located in the city limits without specific opinion of the Ministry of Defence or the Ministry of Agriculture and Rural Development, respectively buildable land in which the archaeological sites without specific opinion of the Ministry of Culture, disclaimed preemption are misdemeanors. Amounts from fines constitute income to the state budget. The provisions of this Act shall not apply pre-contracts and option agreements as they were previously authenticated entry into force and the alienation between relatives up to the third degree inclusive. Law shall enter into force 30 days after its publication in the Official Gazette.
Legislative initiative of citizens and statement of reasons for promoting the draft law on amending and supplementing Law no. 53/2003 (Labour), published in the Official Gazette of Romania, Part I, no. 173 of 11 March 2014. Draft law includes, on the one hand, substantial changes aimed at labor relations in general, and on the other hand, self-regulation, such as the definition telemuncii or setting conditions and terms in which can be extended fixed-term contracts. In a first phase, the initiative aims to resolve difficulties in the labor market on how to verify the professional and personal skills of the employees and of the purpose of individual performance objectives. It thus establishes an obligation for the employer information on how to test skills mainly through competition, exam or test period (limited, as a rule, 90 calendar days) and clause defines the performance goal . Regulations are reviewed and non-compete clause and confidentiality clause which will take effect after the termination of the individual employment contract only exception under conditions imperative.
We also propose solutions for the difficulties encountered contractual changes, if temporary reduction of activity, in the matter of delegation, secondment or suspension of the individual employment contract and for situations resort to collective redundancies employer can not make new Fit the jobs of employees laid off for 9 months from the date of dismissal without notifying the latter of the possibility of being rehired without examination or interview or trial period.
Finally, in almost all of the situations in which previously established the Labour Code requirement that overtime be paid is emerging that this option will be paid at a level of 75% of basic salary and sometimes even less than 100% thereof. In the labor jurisdiction, there is a distinction between conflicts of interest and conflicts of rights, and social dialogue, the representatives elected in the management bodies of trade unions and, respectively, representatives of the employees will benefit from increased protection against dismissal to two years after leaving office, as corroborated by the fact that they will actually be paid for up to 20 hours per month that you can dedicate to fulfill the mandate. Proposal, was approved by the Legislative Council with amendments related mainly syntactic and semantic clarification, but this also needs to go through many steps to the entrance to the procedure of parliamentary debates.
Technological consumption of natural gas distribution systems
President of National Energy Regulators - Order no. 18 of 28 March 2014 approving the methodology for calculating the technological consumption of natural gas distribution systems, published in the Official Gazette, Part I, no. 226 of 31 March 2014. Purpose of the methodology is to establish a uniform method of calculating technological consumption of natural gas distribution systems, and it is addressed to operators of natural gas distribution. If a natural gas distribution operator operates several distribution systems, its total technological consumption is calculated by adding technological consumption of each distribution system, calculated according to this methodology. Technological consumption report is transmitted and is certified distribution operator. Failure to provide or providing incomplete / incorrect data and information required by this methodology constitutes an offense and shall be punished as provided
Electricity and Gas Law no. 123/2012. This order will be carried out by operators licensed by the National Regulatory Authority for Energy, license holder operating gas distribution systems and will ensure compliance by departments of the National Regulatory Authority Energy.
Conducting oil and petroleum products
President of the National Agency for Mineral Resources - Order no. 50 of 17 March 2014 on the approval of the framework of development of crude oil and petroleum products by oil terminal for 2014, published in the Official Gazette, Part I, no. 224 of 31 March 2014. Framework Agreement is set out in Annex to this order and integral part of it. The role provider framework contract is held by the company OIL TERMINAL SA Constanta, concessionaire of operating a tank, pipeline transportation of crude oil and petroleum products, pumping facilities and other related facilities, under the agreement with the National Mineral Resources. Framework Agreement governing the operations carried out in connection with receiving, reception quantitative and qualitative discharge of oil and petroleum products, store products in tanks, mixing diesel with biodiesel, topping the tanks in ships / barges, loading products into rail tank tank, tanks, loading direct transshipment of goods by rail tankers to ship crude teaching by companies CONPET - SA Ploiesti to pump up oil pipelines and unloading of barges and tank ships. Transport will be accompanied by a waybill railway dispatch note, note weight declaration of conformity, test report, the list of seals and the safety data sheet.
Given that all petroleum products are classified as dangerous goods, transport, handling, loading / unloading are subject to the Regulation concerning the International Carriage of Dangerous Goods and applicable law. Tankers used are appropriate technical, metrological and regarding fire prevention. The beneficiary is required to ensure timely export all of the products line in terms of quality. Otherwise, the provider may
refuse to ship berthing restocking of goods. However, the framework agreement governing the method of determining the quantity and quality of crude oil and petroleum products and prices, payment terms, interest and late payment charges. In addition, the framework agreement containing attached conditions on ships operating in the oil terminal, the specific handling of crude oil and petroleum products and the Convention on the line safety and health, fire protection and environmental protection. The Order also repealed the Order of the National Agency for Mineral Resources no. 150/2011 on the approval of the framework of development of crude oil and petroleum products by oil terminal in 2011.
ORGANIZATION OF BUSINESSES
Associations and foundations
Law no. 22 of 13 March 2014 amending and supplementing Government Ordinance no. 26/2000 on associations and foundations, published in the Official Gazette, Part I, no. 188 of 17 March 2014. Law states that it is forbidden association name is identical or similar to another person's name confused with nonprofit organizations. It is also forbidden to use the name of the association of words or phrases such as "commissariat", "inspectorate", "guard", "authority", "police", "jardarmerie" likely to cause confusion with the name of public authorities or institutions. Also, the name of the association should not be identical or similar to the name of any professional structures established by law, such as "Bar", "room", "National Union of Bars", "Board of Mediation".
SOCIAL SECURITY LAW
Ensuring quality of social services
Government of Romania - Case no. 118 of 19 February 2014 approving the Methodological Norms for applying Law no. 197/2012 on quality assurance in social services, published in the Official Gazette of Romania, Part I, no. 172 of 11 March 2014. Rules detailing the procedure for accreditation of providers and social services, the accreditation certificate awarded upon submission and evaluation of a credential file will necessarily include an application for accreditation to the specimen in Annex no. Two. The annexes are also provided supporting documents to be attached to the request, and the model certificate
accreditation will be awarded based on the evaluation of minimum quality standards. Besides the rules concerning the monitoring and quality control and regulations regarding suspension and withdrawal of accreditation, to clarify the law, the enactment detailing and a quality assessment procedure for inclusion in the higher classes of social services quality. In the second part of the document provided no less than 30 models of applications, decisions, reports and essays of interest to ensure the quality of social services.
Prohibition of inhuman or degrading
European Court of Human Rights - Case December 4, 2012 in Case Petrus Jacob against Romania, on March 4, 2013, published in Official Gazette of Romania, Part I, no. 184 of 14 March 2014. Through no. 13.524/05, Romanian authorities have allegedly violated Article 3 of the Convention on the prohibition of torture, inhuman or degrading treatment and punishment. In this case, the plaintiff accuses police agencies for burns suffered in sprays pepper spray or tear on the face, which the authorities have not denied, and the Court finds admissibility in terms of severity of injuries sustained. Since you can not prove the proportionality and necessity of the measure, taking into account that the applicant had committed an offense offense without posing a serious risk and serious public order or for the integrity of police officers or to third parties, the Court condemned the Romanian state for violation of Article 3 in this respect.
The Court also condemned the Romanian state for the lack of effectiveness of the investigation triggered nationwide about the abuse of police officers representing also a violation of Article 3 of the Convention under its procedural. In the present case does not admit any violation of due process. Romanian State is required to pay an amount of 10,000 EUR or damages suffered by the plaintiff.
Right to a fair trial
European Court of Human Rights - Case December 17, 2013 in Case Ion Tudor against Romania, published in the Official Gazette of Romania, Part I, no. 208 of 24 March 2014. Through no. 14.364/08 Romanian applicant submits that the State violated Article 6 of
Convention on the right to a fair trial. The Court finds that in this case there was such a violation because after onset of the appeal, the High Court of Cassation and Justice has not proceeded to final hearing the defendant and retried because, annulling judgment of acquittal in appeal and giving full power decision conviction by a first instance, without analyzing thoroughly guilt. Court condemns Romanian State to pay the sum of 3,000 EUR pecuniary damage sustained by the applicant, giving it the right to request a retrial or the reopening of domestic proceedings to request the review in accordance with Article 4081 of the Code of Criminal Procedure.
European Court of Human Rights - Case January 8, 2013 in Case SC Raisa M. Shipping against Romania, on July 8, 2013, published in Official Gazette of Romania, Part I, no. 190 of 18 March 2014. Through application nr.37.576/05 applicant company claims that the Romanian state had violated Article 6 of the Convention on the right to a fair trial. The Court finds that the citation by displaying the registered office of the applicant may lead to violation of the right to a fair trial, in case the company claiming that it was impossible to take part in an appeal because it actually received the summons. Consequently, the finding of infringement of the right to access to a court, giving birth to a non-pecuniary damage and EUR 4,500 assessed right to refer to national courts in the review. Court refuses to grant pecuniary consisting payment obligation subject to dispute, as they were not commonly used all domestic remedies.
It was drawn up and a separate opinion that there was no violation of Article 6, as was done in accordance with legal citation and assess a breach through the outcome of the procedure may lead to abuse of procedure and judicial authority charged excessive obligations.
Preferential trade between the Community and partner countries
President of the National Agency for Fiscal Administration - Order no. 301 of 24 February 2014 amending Norms permit exporters to issue the simplified proofs of preferential origin governing preferential trade agreements between the Community and partner countries and certificates A. TR. proving the status of goods in free circulation within the EU Customs Union - Turkey and the issue of proof of preferential origin under the Agreement
FTA between the EU and the Republic of Korea, approved by Order of the National Agency for Fiscal Administration Vice no. 4822/2007, published in the Official Gazette, Part I, no. 167 of 7 March 2014. This bill introduces a new chapter for authorization to draw up the declaration of origin under the Agreement between the EU and the Republic of Korea.
Thus, exporters seeking to prove the origin of the preparation of the statement of origin for shipments consisting of one or more packages containing originating products whose value exceeds EUR 6,000 deposited to regional customs departments in whose territorial jurisdiction is their main an application in the form prescribed in Annex. One. Request must be accompanied by the act of incorporation, certificate of registration in the trade register, contracts under which it will make exports of products originating in the description of the technological process for product, price structure and lists containing data raw materials used in the production. Export permits are issued by the regional customs directorates. Permits issued by the publication of this order remain valid.
Mutual administrative assistance in tax matters
Law no. 13 of February 28, 2014 to ratify the Convention on mutual administrative assistance in tax matters, adopted in Strasbourg on 25 January 1988, and the Protocol amending the Convention on Mutual Administrative Assistance in Tax, adopted in Paris on 27 May 2010, signed by the Romanian 15 October 2012, published in the Official Gazette, Part I, no. 155 of 4 March 2014. Convention is annexed the law and lays down administrative assistance in the field of taxation, namely the exchange of information, tax audits, assistance in recovery, exchange of documents and persons targeted by this, that resident or national of a party or another state. Taxes are considered tax or income, the capital gains on net wealth and other taxes, except customs duties imposed on behalf of each party. The exchange of information will take place automatically when another Member State will require information relating to certain persons or transactions, where there is an agreement between two or more parties and spontaneous when, without prior request, a party shall submit to another party information which it has knowledge.
The Order also provides for the manner in which they perform simultaneous tax examinations, tax examinations abroad and subsequent recovery
tax claims. Also regulates related changes preamble to the Convention, the protection of persons and limits to the obligation to provide assistance.
Tariff codes for plants with special circulation regime
Ministry of Agriculture and Rural Development, Ministry of Finance - Order no. 309/234 of February 2014 establishing the list of tariff codes that are classified in the Common Customs Tariff nomenclature of plants, plant products and other objects which form the subject-matter of Government Decision no. 136/2000 on protective measures against the introduction and spread of organisms harmful to plants or plant products in Romania, published in the Official Gazette of Romania, Part I, no. 214 of 26 March 2014. Present order aimed plants or plant products and other objects which are potential carriers of harmful organisms by the Community or certain protected zones and is meant to update the customs tariff codes. Its publication is repealed earlier list of subheadings inserted by Order nr.903/61.314 2007.
Financial year in insurance
Vice Prime FSA - Rule no. 1 of
February 24, 2014 on the financial year 2013 insurance companies, published in the Official Gazette, Part I, no. 181 of 13 March 2014. Rule addresses insurers, reinsurers and insurance and / or reinsurance. The annual financial statements at 31 December 2013 will be submitted as follows: one copy to the FSA and the second copy, stamped with the stamp of the Financial Supervisory Authority, the registry territorial units of the Ministry of Finance or transmitted by post offices with letters insured. The items shown in the financial statements be evaluated in accordance with general accounting principles.
At year-end, active and passive elements of debt is assessed and reflected in the financial statements at cost, reconciled with the inventory results. Insurers and insurance brokers will prepare and submit annual financial statements comprise the following forms: balance sheet, income statement, statement of changes in equity, cash flow statement, notes
Explanatory annual financial statements, accompanied by informative data forms and situation of fixed assets.
Consolidated financial statements approved by the Board of Directors of the parent company and signed on its behalf by its Chairman of the Board, shall be submitted to the FSA until September 30, 2014, documentation including: consolidated balance sheet, consolidated profit and loss account notes to consolidated financial statements, the consolidated management report Consolidated financial statement audit. This bill repeals rules on financial year 2012 insurance companies, approved by Order of the Insurance Supervisory Commission no. 7/2013.
Alternative investment funds
FSA - Rule no. 2 of 4 March 2014 amending Norm FSA no. 13/2013 on the procedure for the distribution intermediate to professional investors in Romania securities issued by funds managed by alternative investment project in other European Union member states and administration by an alternative investment fund manager of a Member State to one another undertaking for collective investment in Romania, published in the Official Gazette of Romania, Part I, no. 202 of 21 March 2014.
Order amends grid tariff for the supervision of the distribution of units of the AIF, additional steps for the introduction of a tariff, the value of £ 5,000 per fund / sub-fund for distribution to between 9:40 p.m. FIA or sub-funds of same FIA, while the price of £ 4,000 per fund / sub-fund will be maintained only for the distribution of more than 40 sub-funds of the same FIA or FIA. These amounts will be paid in full for the current year at the latest last month semester in case the notification has been made in this quarter, and if notification was made in the second semester will pay only 50% of the tariffs set for that year, at the latest in December.
Finally, perceived surveillance room FSA administration AOPC in Romania
AIFM from other Member States will be charged accordingly and all differentiated by the time the notification was made.