LAW on Regional Development in Romania * DECISION on the Approval of the Methodological Norms for the Application of the Law No

LAW on regional development in Romania * DECISION on the approval of the Methodological Norms for the application of the Law No. 151/1998 on regional development in Romania and of the Framework-regulations for the organization and functioning of the regional development councils

* EXPEDITIOUS ORDINANCE on the regime of deprived zones * LAW on the approval of the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones * 222 DECISION on the approval of the Methodological Norms for the application of the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones

* DECISION on the approval of the Organization and Functioning Regulations of the National Regional Development Council * DECISION on the organization and functioning of the National Regional Development Agency * DECISIONS on the declaration of deprived zones LAW on regional development in Romania*

CHAPTER I General provisions Art. 1. Ñ By the present law there shall be established the institutional framework objectives, competences, and instruments specific to the regional development in Romania. Art. 2. Ñ The basic objectives of the regional development policy in Romania shall be the following: a) diminution of existing regional imbalances by stimulation of a balanced development, by accelerated recovery of delays in the development of deprived zones as a result of some historical, geographic, economic, social, and political conditions, and prevention of the production of new imbalances; b) preparation of the institutional framework to meet the criteria of integration into the structures of the European Union, and of access to the structural funds, and to the Cohesion Fund of the European Union; c) correlation of government sectorial activities and policies at the level of the regions by stimulation of initiatives, and by turning to good account of the local and regional resources, for the purpose of their lasting socio-economic and cultural development; d) stimulation of interregional cooperation, both internal and international, and of transfrontier cooperation, within the framework of the Euroregions inclusive as well as participation of the developing regions in the European organizations and structures promoting their institutional and economic development for the purpose of achieving some projects of common interest, conformably to the international agreements Romania is a party to. Art. 3. Ñ The financing of the programmes for the achievement of the objectives provided under Art. 2 shall be ensured

* The Law No. 151/1998 Ñ Law on regional development in Romania Ñ was published in RomaniaÕs Official Gazette, Part I, No. 265/16 July 1998.

213 Law No. 151/1998 Regional development in Romania through the National Regional Development Fund, to be con- e) to follow up the utilization of the funds allocated to stituted according to the provisions under the present law. the regional development agencies from the National Regional Development Fund; CHAPTER II f) to prosecute the observance of the regional objectives. Development regions (3) The regional development council shall be formed of the chairmen of the county councils and a representative Art. 4. Ñ (1) County councils and the General Council of each of the local communal, town, and municipal councils, the Municipality of Bucharest may decide, with agreement of designated by each county over the duration of the mandate. the interested local councils, that the zone including territo- In the case of the Municipality of Bucharest, to the regional ries of the counties in question, respectively of the Municipality development council shall be designated a representative of of Bucharest, should constitute a development region. the General Council of the Municipality of Bucharest, and a (2) Development regions shall not be territorial-adminis- representative each of the local district councils. trative units and shall not have legal pesonality. (4) The regional development council shall have a chair- Art. 5. Ñ (1) The constitution of the development region man and a vice-chairman. These offices shall be filled by shall be made by a convention signed by the representatives turns, for a mandate of one year each, by the representatives of the county council, and, respectively, of the General designated by the counties. Council of the Municipality of Bucharest; (5) The prefects of the counties shall participate in the (2) The development regions thus constituted shall be- proceedings of the regional development council without come, with the GovernmentÕs advice, the implementation voting right. Likewise, invited may also be the representatives and evaluation framework of the regional development policy. of the local communal, town, and municipal councils, as well as of institutions and organizations with attributions in the field of regional development, depending on the set of CHAPTER III problems under discussion. Territorial structures for regional development (6) The regional development council shall adopt its own standing rules on the basis of the framework-regulations ela- Art. 6. Ñ (1) For the coordination of the promoting acti- borated by the Government. vities of the objectives following from the regional development policies, a regional development council shall be set Art. 7. Ñ (1) A regional development agency, coordinated up as a deliberative body, at the level of every development by the regional development council, shall be constituted region, within sixty days after the coming into force of the within the framework of each development region within present law. thirty days after the establishment of the council. (2) The regional development agencies shall be non-profit, (2) The regional development council shall have the fol- non-government bodies of public utility with legal persona- lowing main attributions: lity, acting in the specific field of regional development. These a) to analyse and decide on the regional development pro- agencies shall be organized and function under the terms of grammes and strategy; the present law and of the organizing and functioning sta- b) to approve the regional development projects; tute approved by the regional development council. c) to present to the National Regional Development (3) The director of the regional development agency shall Council proposals with regard to the constitution of the regio- be appointed by competitive examination and shall be dis- nal development fund; charged from office by the regional development council. d) to approve the criteria, priorities, allocation, and des- (4) The financing of the organization and functioning tination of the resources of the regional development fund; expenses of the regional development agency shall be pro-

214 215 Law No. 151/1998 Regional development in Romania vided from the regional development fund, their level being (2) The regional development fund shall be constituted approved by the regional development council. annually from; (5) The regional development council shall approve the a) allocations from the national regional development fund; organization chart, so that each county be equally repre- b) contributions from local and county budgets within the sented. limits approved by the local and county councils, as the case Art. 8. Ñ The regional development agency shall have the may be; following main attributions: c) financial sources attracted from the private sector, from a) to elaborate and propose to the regional development banks, foreign investors, the European Union, and from other council for approval the regional development strategy, the international organizations. regional development programmes, and the fundsÕ manage- (3) Financial operations with regard to the execution of ment plans; investment projects shall be unfolded by the regional deve- b) to put in operation the regional development pro- lopment agencies through the territorial units of the StateÕs grammes and the fundsÕ management plans conformable to treasury. the decisions adopted by the regional development council, (4) Funds for the regional development cannot have an- with observance of the legislation in force, and to answer other destination than that provided by the present law. for their achievement before it; (5) Unused funds in the current budgetary year shall be c) to identify the deprived zones within the framework posted up to the next year. of the development region, together with the local or county councils, as the case may be, and forward the necessary CHAPTER IV documentations, previously approved by the regional deve- National structures for regional development lopment council, to the National Regional Development Art. 10. Agency and to the National Regional Development Council; Art. 10. Ñ (1) Within ninety days after the coming into force of the present law the National Regional Development Council d) to provide technical specialist assistance, together with shall be set up with a view to the promotion of the objectives the local or county councils, as the case may be, to natural of the regional development policy provided under Art. 2. or juristic persons, with state or private capital, investing in (2) The National Regional Development Council shall the deprived zones; include in its composition the chairmen and vice-chairmen e) to submit to the National Regional Development Agency of the regional development councils and, at par with their proposals for financing from the national regional develop- number, representatives of the Government designated by ment fund, of the approved development projects; Decision of the Government. f) to act for the attraction of financing sources to the regio- (3) The chairman of the National Regional Development nal development fund; Council shall be the Prime Minister; g) to manage the regional development fund for the pur- Art. 11. Ñ The National Regional Development Council pose of achieving the objectives provided in regional deve- shall have the following attributions: lopment programmes; a) to approve the national strategy for the regional deve- h) to be responsible toward the regional development lopment and the national regional development programme; council and toward the bodies enabled by law for the cor- b) to present proposals to the Government with regard to rect management of the allocated funds. the constitution of the national regional development fund; Art. 9. Ñ (1) Regional development programmes shall be c) to approve the criteria, priorities, and mode of alloca- financed from the regional development fund, administered tion of the resources of the national regional development by the regional development agency. fund;

216 217 Law No. 151/1998 Regional development in Romania

d) to follow up the utilization of the funds allocated to d) to provide the financial and technical management of the regional development agencies from the national regio- the national regional development fund; nal development fund; e) to promote various forms of cooperation between coun- e) to approve the utilization of the structural type funds ties, municipalities, towns, and communes; allocated to Romania by the European Commission in the f) to provide specialist assistance to the regional deve- preaccession period as well as of the structural funds after lopment councils in the process of institutional construction; accession to the European Union; g) to propose to the National Regional Development f) to follow up the achievement of the regional develop- Council the designation of some zones as deprived zones, to ment objectives, within the framework of the external co- be sustained economically and financially by instruments operation activities of the development regions, of interna- specific to the regional development policy; tional, transfrontier type, at the level of Euroregions, inclusive. h) to fulfil the function of national negotiator in relations Art. 12. Ñ The National Regional Development Council with the Regional Policy and Cohesion Department within shall function on the basis of its own functioning and orga- the framework of the European Commission for the European nization regulations elaborated within ninety days after the Regional Development Fund and the Cohesion Fund; coming into force of the present law. i) to manage the funds allocated to Romania from the Art. 13. Ñ (1) The National Regional Development Agency European Regional Development Fund; shall be set up for the purpose of the promotion and coor- j) to manage the funds allocated to Romania from the dination of the regional development policy, as an executive Cohesion Fund; body of the National Regional Development Council, with k) to coordinate the application of the national regional legal personality, conducted by a chairman with rank of development plan lying at the basis of negotiations with the junior minister. European Commission and of the financing of various com- (2) The statute, place of residence, mode or organization munity programmes. and functioning of the National Regional Development Art. 15. Ñ (1) For the financing of the regional develop- Agency shall be approved by decision of the Government ment programmes in Romania, the national regional deve- within thirty days after the setting up of the National Regional lopment fund shall be constituted from the sums allocated Development Council, at the proposal of this Council. annually through the state budget as a distinct item for the (3) The financing of the organizing and functioning expen- regional development policy. ses of the National Regional Development Agency shall be (2) To the national regional development fund may also assured, annually, from the national regional development be attracted other internal and international financing fund, their level being approved by Government decision at sources: the proposal of the National Regional Development Council. a) permanent financial assistance on the part of the Art. 14. Ñ The National Regional Development Agency European Union, within the framework of the PHARE shall have the following main attributions: Programme; a) to elaborate the national regional development strate- b) sums of money from structural type funds which shall gy and the national regional development programme; be assured to Romania by the European Union in the period b) to elaborate the principles, criteria, priorities, and mode when it shall have the status of an associate state; of allocation of the resources of the national regional deve- c) sums of money from structural funds which shall be lopment fund; assured to Romania from the moment of her accession to c) to propose to the National Regional Development the European Union; Council the constitution of the national regional develop- d) unredeemable financial assistance on the part of some ment fund; governments, international organizations, and banks;

218 219 Law No. 151/1998

e) other financial resources from the funds existing at the disposal of the Government. DECISION Art. 16. Ñ (1) At the solicitation of the local or county coun- on the approval cils, as the case may be, and on the basis of the documentations presented by the regional development agencies, the of the Methodological Norms regional development councils may solicit the National Regional Development Council to propose to the Government for the application of the Law the declaration of certain zones as deprived zones, in order to be sustained economically by instruments specific to the No. 151/1998 on regional development regional development policy. in Romania and of the Framework- (2) The facilities which the deprived zones shall benefit by, the criteria and terms on whose basis these can be grant- regulations for the organization ed shall be established by a special law. (3) On the basis of the criteria provided under para. (2), and functioning of the regional the Government, at the proposal of the National Regional development councils* Development Council, shall establish the concrete fiscal facilities which each zone in part shall benefit by. Single article. Ñ (1) There shall be approved the Methodological Norms for the application of the Law No. CHAPTER V 151/1998 on regional development in Romania, provided for Final and transitory provisions in Annex No. 1, as well as the Framework-regulations for the Art. 17. Ñ The National Commission for Statistics shall organization and functioning of the regional development collect from the development regions constituted according councils, provided for in Annex No. 2. to the present law, the specific statistical data necessary for (2) Annexes Nos 1 and 2 shall be an integral part of the the substantiation and monitoring of the regional develop- present decision. ment policies. Art. 18. Ñ The utilization of the sums of money received from the regional development fund for regional develop- ANNEX No. 1 ment projects, with non-observance of the destination and METHODOLOGICAL NORMS terms for which they had been granted to the beneficiaries for the application of the Law No. 151/1998 shall be found and sanctioned according to the law by the on regional development in Romania authorized control bodies. Art. 19. Ñ For the year 1998, the financing of organizing CHAPTER I and functioning expenses of the National Regional Development regions Development Agency shall be assured from the state budget on the account of the budgetary reserve fund at the dispo- Art. 1. Ñ The regional development is the set of policies of the local sal of the Government, the level of the sums of money being and central public administration authorities elaborated for the purpose of approved by Government Decision. improving the economic performances of certain geographic areas consti- Art. 20. Ñ Within thirty days after the coming into force tuted in Òdevelopment regionsÓ, and which benefit by the support of the of the present law, the Government shall approve by decision, at the proposal of the Reform Council, and of the Local * The Government Decision No. 634/1998 on the approval of the Methodological Norms for the application of the Law No. 151/1998 on Public Administration Department the methodological regional development in Romania and of the Framework-regulations for norms for its application as well as the framework-regula- the organization and functioning of the regional development councils was tions provided under Art. 6 para. (6). published in RomaniaÕs Official Gazette, Part I, No. 379/5 October 1998.

220 221 Decision No. 634/1998 Methodological Norms for the application of the Law No. 151/1998

Government, of the European Union, and of other interested international Art. 6. Ñ (1) The senior chairman of the county councils from the and national authorities and institutions. region shall convoke and preside over the reunion for the constitution of Art. 2. Ñ (1) The development regions, further to be called regions the regional council. The convocation shall be made in writing, at least shall be zones corresponding to groupings of counties, set up by their ten days before the date when the reunion is to take place, shall con- voluntary association on the basis of a convention signed by the repre- tain information as to the day, hour, and place of the unfolding of the sentatives of the county councils and, respectively, of the General Council reunion, and shall be transmitted to the participants, together with the draft of the Municipality of Bucharest. regulations for the organization and functioning of the regional council, as (2) The regions constitute the framework of conception, implementa- well as with the draft convention for the constitution of the region. These tion, and evaluation of the regional development policies as well as of two drafts shall have to be previously prepared by the senior chairman collecting the specific statistical data in accordance with the European of the county councils with the consultation of the other chairmen. regulations issued by Eurostat for the second level of territorial classifi- (2) The secretariat of the reunion shall be ensured by the secretary cation, NUTS 2, existing in the European Union. of the county which will receive the reunion. Art. 3. Ñ (1) With a view to the constitution of the region, the coun- Art. 7. Ñ (1) The constituting reunion shall be validly constituted and ty councils and the General Council of the Municipality of Bucharest shall may unfold its works only in the presence of all the chairmen of the coun- solicit, in writing, the agreement of the interested local councils. The agree- ty councils or of their lawful substitutes, as well as in the presence of ment shall be considered given by a decision of the local council, adopt- the representatives designated by the local communal, town, and munici- ed to this end. pal councils from each county. (2) By the decision provided under para. (1), the local council shall (2) In the case of the Municipality of Bucharest, the constituting re- also designate the delegate at the reunion organized at county level, with union shall be validly constituted and may unfold its works only in the a view to the establishment of the representatives of the county in the presence of the mayor general of the Municipality of Bucharest or of his regional development council. lawful substitute, as well as in the presence of the representatives desig- (3) The decision of a county, respectively local council to be part of nated by the local councils of the districts. a region shall entitle it to benefit by projects financed from the regional Art. 8. Ñ (1) The constituting reunion shall elect the chairman and development fund. vice-chairman of the regional council for a period of one year, by open (4) Each county may be part of a single region. vote of the simple majority. (5) The constitution of the regions does not preclude the possibility of (2) The chairman and the vice-chairman cannot be representatives of the association of localities from different counties for the achievement of the same county. works of common intercounty interest, according to the provisions under Art. 9. Ñ The works of the reunion whall be further conducted by the Law No. 69/1991 on the local public administration, republished, with sub- chairman elected, who shall submit for debate and approval by the regio- sequent modifications. nal council its own draft regulations of organization and functioning. Art. 10. Ñ By the signing of the convention and by the adoption of CHAPTER II the regulations of organization and functioning the region and the regio- Territorial structures for regional development nal council shall be declared constituted. Art. 4. Ñ In each region shall be constituted and shall function a regio- Art. 11. Ñ The regional development agency, further to be called the nal development council, further to be called regional council. regional agency, shall be a non-profit, non-government body of public uti- Art. 5. Ñ (1) Conformably to the provisions under Art. 3 para. (2), the lity with legal personality, acting in the specific field of regional develop- chairman of each county council from the region shall convoke the dele- ment, at the level of the region and under the coordination of the regio- gates designated by the local communal, town, and municipal councils nal council. from the county, separately, by categories of councils, so that from each Art. 12. Ñ (1) The regional council decides the seat of the regional category shall be elected a representative who shall be a member of the agency on the basis of criteria stated precisely by the council. regional council. (2) The seat of the regional agency shall be established by the regio- (2) Adequately, according to the law, the General Council of the nal councilÕs decision of approval of the agencyÕs statute. Municipality of Bucharest shall request the local councils of the districts Art. 13. Ñ The regional agencies shall elaborate the strategy for regio- to designate one representative each from every district to be a member nal development, the annual and multi-annual plans for regional develop- of the regional council. ment, as well as the programmes for regional development.

222 223 Decision No. 634/1998 Methodological Norms for the application of the Law No. 151/1998

Art. 14. Ñ (1) On the basis of the national strategy approved by the CHAPTER III National Regional Development Council, further to be called the national National structures for regional development council, and of the strategy for regional development, approved by the regional council, the regional agency shall elaborate the regional deve- Art. 20. Ñ The national council shall be the deliberative body which lopment plan. coordinates and promotes the national policy of regional development. (2) The regional development plan shall be multi-annual, and shall Art. 21. Ñ The national council shall be organized and function in include regional development programmes which are in progress or which accordance with the Law No. 151/1998 and with its own organization and are to be implemented in the planned period. functioning regulations, elaborated by the Reform Council and approved (3) The multi-annual regional development plan, spread over several by decision of the Government. years, shall be transmitted to the National Regional Development Agency, Art. 22. Ñ The representatives of the Government in the national coun- further to be called the national agency, with a view to the allocation of cil shall be ministers or, as the case may be, junior ministers, designat- the necessary resources from the national regional development fund, ed by decision of the Government. further to be called the national fund. The multi-annual plan as well as the Art. 23. Ñ Until the date when the national agency is to be set up, annual plans shall be transmitted to the national agency. the secretariat of the national agency shall be ensured by the department (4) The regional development programmes shall be implemented by for regional development within the Reform Council. projects selected by the regional agency on the basis of criteria adopted Art. 24. Ñ The national agency shall be the executive body of the by the national council. national council, which shall be conducted by the Prime Minister. Art. 15. Ñ (1) The cofinancing of the projects approved from the regio- Art. 25. Ñ (1) On the basis of the national strategy elaborated by nal development fund shall be made on the basis of a contract conclu- the national agency and approved by the national council, of the annual ded between the regional agency and the initiators of the projects. and multi-annual plans transmitted by the regional agencies, as well as (2) The regional agency shall ensure the follow-up and control of the on the basis of the programmes of the central public administration insti- execution of the programmes/projects of regional development. tutions, the national agency shall elaborate the national regional develop- (3) By maintaining regular monitoring and evaluation over the pro- ment plan. grammes/projects, the national agency shall make half-yearly and yearly (2) The national regional development plan shall be multi-annual and reports to the regional council and to the national agency on the stage, spread over annual plans which shall be updated at the approval of the implementation difficulties, and impact of the regional development pro- state budget. grammes. Art. 26. Ñ The national agency shall ensure the monitoring and eva- Art. 16. Ñ The regional agency may also carry on activities of tech- luation of the programmes included in the national regional development nical assistance with observance of the specific domain. The amounts of plan, and make half-yearly reports to the national council on the stage money obtained from activities of technical assistance shall be returned and mode of fulfilment of the planned regional development objectives. as income to the national fund. Art. 27. Ñ The national fund shall be the financing instrument of the Art. 17. Ñ The regional development fund, further to be called the regional development policy, existing at the disposal of the national coun- fund, shall be the financial instrument used for the implementation of the cil and administered by the national agency. regional development policy within the framework of the region. Art. 28. Ñ The organization and functioning expenses of the national Art. 18. Ñ The financial and technical management of the fund shall agency shall be distinctly emphasized in the national fund, their level being be ensured by the regional agency with observance of the legal provi- approved by decision of the Government. sions in force. Art. 29. Ñ (1) Allocations from the national fund for the funds shall Art. 19. Ñ (1) The amounts of money allocated to the fund from the be made on the basis of the national annual regional development plan national fund may be used only for financing the regional development approved by the national council. programmes approved. (2) Payments from the national fund to funds shall be spread out as (2) The organization and functioning expenses of the regional agency the programmes/projects from the annual plans of the regional agencies shall be distinctly emphasized in the fund and shall be ensured by con- shall be implemented. tributions of the county and local public administration authorities from the Art. 30. Ñ (1) The amounts of money that shall be allocated in the region, as well as from incomes obtained by the regional agency from year 1999 from the state budget for the constitution of the national fund the activities mentioned under Art. 16. shall be provided distinctly in the budget of the Reform Council. To this

224 c. 15 225 Decision No. 634/1998 Methodological Norms for the application of the Law No. 151/1998 end, the Reform Council shall substantiate and propose the amounts of (2) In the case of the Municipality of Bucharest, in the regional coun- money that are to be included in the draft state budget. cil shall be designated a representative of the General Council of the (2) Beginning with the year 2000, the amounts of money allocated Municipality of Bucharest and a representative each of the local councils from the state budget for the national fund shall be listed in a distinct of the districts. position in the state budget for the regional development policy. Art. 3. Ñ (1) The chairman and vice-chairman of the regional council shall be elected for a one year mandate and they shall have to repre- CHAPTER IV sent different counties of the region. Final provisions (2) In case the chairman cannot fulfil his attributions, these shall be taken over by the vice-chairman. Art. 31. Ñ (1) Within 90 days after the constitution, the national agen- (3) In the motivated absence of the chairman and of the vice-chair- cy shall draw up the instructions for the elaboration, implementation, moni- man, the proceedings of the reunion shall be conducted by one of the toring, evaluation, and financing of the regional development program- members of the regional council, elected by an open vote of the majori- mes/projects. The instructions shall be approved by the national council ty of the members present. and published in RomaniaÕs Official Gazette. Art. 4. Ñ The secretariat of the regional council shall be ensured by (2) The personnel of the national agency shall be appointed and payed the regional development agency. according to the provisions under Chapter I of Annex No. V under the Art. 5. Ñ (1) At the proceedings of the regional council shall partici- Law No. 154/1998 on the system of establishing the basic pay in the pate the prefects of the counties. There may participate, as guests, other budgetary sector and the indemnities for persons occupying functions of representatives of the local communal, town, and municipal councils, as public dignity. well as of the institutions and organizations with attributions in the domain Art. 32. Ñ The criteria for approving the regional development proof regional development, with the agreement of the chairman of the regio- jects shall be elaborated by the national agency and by the Reform Council nal council, if at the respective reunion shall be discussed problems spe- and shall be approved by the national council within 90 days after the cific to their domain of activity. constitution of the national agency. (2) At each reunion of the regional council shall participate by rights the manager of the regional development agency. (3) The participants in the meetings, others than the members of the ANNEX No. 2 regional council, shall have no right to vote. They can make proposals FRAMEWORK-REGULATIONS which the regional council may debate and subject to the vote, as the for the organization and functioning case may be. of the regional development councils CHAPTER II CHAPTER I Functioning of the regional council Organization of the regional development council Art. 6. Ñ The reunions of the regional council may take place only in Art. 1. Ñ The regional development council, further to be called the the presence of at least one half plus one of the number of members it regional council, shall be the deliberative body of the regional develop- consists of and on condition that all counties of the region be represented. ment agency, which coordinates the whole process of regional develop- (2) In the exercise of its attributions, the regional council shall adopt ment within the framework of the development region, further to be called decisions by consensus. If this is not realized, the decisions shall be taken region. by vote with the simple majority of the members present. In case of pari- Art. 2. Ñ (1) The regional council shall consist of: ty, the vote of the chairman shall be decisive. Ñ the chairmen of the county councils of the region; (3) The decisions adopted shall be communicated to the interested Ñ a representative of the local communal councils from each county parties by the secretariat. of the region; Art. 7. Ñ (1) The meetings of the regional council shall take place Ñ a representative of the local town councils from each county of the every three months or whenever it is necessary, at the convocation of region; the chairman or, in his absence, of the vice-chairman. Ñ a representative of the local municipal councils from each county (2) In particular cases, the extraordinary meetings of the regional coun- of the region. cil may be organized at the request of one third of the total number of

226 227 Decision No. 634/1998 Methodological Norms for the application of the Law No. 151/1998 members of the regional council, of the manager of the regional deve- i) to approve the documentations elaborated by the regional develop- lopment agency as well as at the request of the National Regional ment agency with a view to obtaining the statute of deprived zone for Development Council or of the National Regional Development Agency. some zones of the region; Art. 8. Ñ (1) Convocation of the ordinary meetings shall be made in j) to solicit the regional development agency to present studies, ana- writing at least 15 days before the date of the unfolding of the reunion; it lyses, and recommendations with regard to the mode of realization of the shall compulsorily contain the date, time and place of the unfolding of the objectives of the regional development strategy; meeting, the agenda, and it shall be transmitted together with the docu- k) to approve the reports, studies, analyses, proposals, and work pro- ments which are to be examined and approved by the regional council. grammes which the regional development agency shall have to pass on (a) Convocation of the extraordinary meetings shall be made under to the National Regional Development Agency and to the National Regional the terms of para. (1), at least five days before the date of the unfolding Development Council. of the reunion. (2) Within 30 days after its constitution, the regional council shall set Art. 9. Ñ (1) At the beginning of each meeting, the chairman of the up the regional development agency and approve its statute and mode regional council shall put to the vote the agenda, which shall be approved of organization and functioning. by the vote of the majority of the members present. Art. 11. Ñ The chairman of the regional council shall have the follow- (2) The agenda may be completed with other problems, too, than ing attributions: those initially communicated with the approval of two thirds of the num- a) to convoke and conduct the meetings of the regional council; ber of members present. b) to coordinate the preparation of the meetings, with observance of (3) At the end of each meeting, there shall be established the date the provisions under Art. 3; of the next meeting. c) to approve the draft agenda, the list of the guests, as well as the materials that are to be transmitted on the occasion of the convocation of the meetings of the regional council; CHAPTER III d) to sign the decisions and minutes of the meetings; Attributions of the regional council e) to approve the modifications of the minutes of the meetings, taking Art. 10. Ñ (1) The regional council shall have the following main attri- into account the proposals and remarks of the vice-chairman, of the mem- butions: bers of the regional council, as well as those of the standing secretariat; f) to represent, together with the vice-chairman, the regional council in a) to examine and approve the strategy and the annual and multi- the National Regional Development Council; annual regional development of the region; g) to represent the region and the regional council in the relations with b) to examine and approve the regional development projects, select- other regions from the home country and from abroad. ed and proposed by the regional development agency; Art. 12. Ñ The vice-chairman of the regional council shall have the c) to examine and approve the proposals of the regional development following attributions: agency for the constitution of the regional development fund; a) to take over the attributions of the chairman of the regional coun- d) to examine and approve the selection criteria and priorities of the cil, in case, for various reasons, the chairman cannot fulfil them; regional development projects as well as the allocation and destinations b) to help the chairman of the regional council to organize and preside of the resources coming from the regional development fund; over the meetings; e) to examine and approve the draft budget of the regional develop- c) to fulfil, between meetings, other attributions decided by the regio- ment agency, destined for the organization and functioning expenses; nal council; f) to coordinate the activity of the regional development agency, to d) to represent, together with the chairman, the regional council in the prosecute the observance of the objectives of the regional development National Regional Development Council; policy and to ensure an equal and correct treatment for all the counties e) to make remarks and proposals with regard to the contents and forming the region; drawing up of the minutes of the meeting of the regional council; g) to appoint, by competitive examination, or to dismiss, under the Art. 13. Ñ The regional development agency shall ensure the secre- terms of the law, the manager of the regional development agency; tariat activities for the regional council, which shall include: h) to approve the organization chart of the regional development agen- a) the preparation of the necessary documents for the convocation of cy, so that each county should be equally represented; the reunions of the regional council;

228 229 Decision No. 634/1998

b) the drawing up of the minute of the meeting which, after being signed by the chairman of the regional council, shall be sent to all the EXPEDITIOUS ORDINANCE participants in the respective meeting, within ten days after the date when the reunion took place; on the regime of deprived zones* c) the registration into the minute of the meeting of the modifications Art. 1. Ñ The deprived zones, in the meaning of the pre- formulated by the participants; d) the dispatch of the final form of the minute, signed by the chair- sent expeditious ordinance shall represent geographical man, to all the participants and to the National Regional Development areas, strictly delimited territorially, which fulfil at least one Agency, within 30 days after the date when the reunion took place; of the following conditions: e) the providing, between meetings, of the specialist assistance to the a) they have mono-industrial productive structures which, chairman and vice-chairman of the regional council; in the activity of the zone, mobilize more than 50 per cent f) the reception and distribution of the correspondence addressed to of the wage-earning population; the regional council; b) they are mining zones where the personnel has been g) the providing of the activities of registration and storing into the discharged by collective dismissals, as a result of the appli- archives of all documents concerning the activities of the regional council. cation of restructuring programmes; c) as a result of the liquidation, restructuring, or privati- CHAPTER IV zation of one or more economic units there appear collec- Final provisions tive dismissals which affect more than 25 per cent of the number of employees having a fixed domicile in the res- Art. 14. Ñ Members of the regional council shall exercise their attri- pective zone; butions free of charge. Art. 15. Ñ The adoption of the regulations of organization and func- d) the unemployment rate exceeds by 25 per cent the tioning of the regional council shall be made with the vote of two thirds unemployment rate at national level; of the number of members of the regional council and only in the pre- e) they are lacking means of communication and their sence of at least one representative from each county. infrastructure is weakly developed. Art. 16. Ñ The regulations of organization and functioning of the regio- Art. 2. Ñ At the proposal of the local councils, or of the nal council shall be transmitted to the National Regional Development county councils, as the case may be, the regional develop- Agency and to the National Regional Development Council. ment councils, on the basis of the documentation presented Art. 17. Ñ The modification of the regulations of organization and functioning of the regional council can be made with the vote of two thirds by the regional development agencies, shall advise the set- of the number of members of the regional council and only in the pre- ting-up, within the regions, of certain deprived zones. The sence of at least one representative from each county. related documentation, accompanied by the favourable advice, Art. 18. Ñ If at a meeting of the regional council the participation con- shall be forwarded to the National Regional Development ditions formulated under Art. 6 para. (1) are not fulfilled, the meeting shall Agency. The proposal of setting up a deprived zone shall be be postponed, and a new meeting shall be convoked within 15 days. The forwarded by the National Regional Development Agency, meeting convoked as a result of a postponement shall unfold even if the for approval, to the National Regional Development Council, conditions provided under Art. 6 para. (1) are not fulfilled, and the deci- which shall propose it for adoption to the Government. sions adopted by the regional council during this meeting shall have to Art. 3. Ñ By the GovernmentÕs decision to declare a de- be applied. prived zone shall also be approved the period for which a geographical area is declared deprived zone, in the sense of the present expeditious ordinance.

* The Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones was published in RomaniaÕs Official Gazette, Part I, No. 378/2 October 1998.

230 231 Expeditious Ordinance No. 24/1998 Regime of deprived zones

Art. 4. Ñ A geographical area may be declared deprived Ñ guarantee of external credits within the limit of an zone for a period of at least three years, but no more than annual ceiling established by the Ministry of Finance; ten years. Ñ financing of special programmes, approved by decision Art. 5. Ñ (1) Trading companies, Romanian juristic per- of the Government; sons, as well as private entrepreneurs or family associations, Ñ financing of the investment projects of the trading com- authorized in conformity with the Statutory Order No. panies, by co-participation of the state in the registered capital. 54/1990 on the organization and unfolding of economic acti- (2) Granting of the facilities provided under para. (1) shall vities on the basis of free initiative, set up after the date of be established be decision of the Government. declaration of the deprived zone, having their registered office and unfolding their activity on its territory, may benefit Art. 6. Ñ In case the unemployment rate in the zone by one or more of the facilities set out below, differentiated exceeds the national average by over 50 per cent, by deci- by deprived zones, for new investments achieved in this zone: sion of the Government on the declaration of the deprived zone may be established a series of additional facilities for a) refund in full of the customs duties for machinery, natural persons whose domicile and job are in the deprived tools, installations, equipment, means of transport Ñ other zone, and whose income is under the average level in the than motor-cars Ñ, know-how, other amortizable goods which economy, consisting of: are imported with a view to performing and unfolding of investments in the zone, as well as for the imported raw a) reduced tariffs for motor transport, by navigable water- materials, spare parts and/or components, necessary for ways, or by rail; achieving their own production in the zone, to the extent of b) reduction of the income tax by up to 50 per cent; the presentation to the territorial units of the Ministry of c) exemption from payment of the tax on agricultural Finance of the documents attesting the turning to account income obtained on lands existing in the deprived zone; of the production by the economic units. The amounts of Art. 7. Ñ The facilities provided under the present expe- money required for the return to the economic units from ditious ordinance shall be granted to trading companies, the zone of the customs duties payed shall be put at their Romanian juristic persons, as well as to private entrepre- disposal by the Ministry of Finance through its territorial neurs or family associations, authorized according to the units; Statutory Order No. 54/1990, having their head-office and b) exemption from payment of the tax on profit for the unfolding their activity in this zone, if by the implementa- duration of the deprived zone; tion of the investment new jobs are created for the unem- c) exemption from the payment of the taxes collected for ployed work force or for members of their family, residing the modification of the destination or for taking out of the in the deprived zone. agricultural lands of pieces of land destined for the imple- Art. 8. Ñ (1) In the situation in which an investment bene- mentation of the investment; fitting by the provisions of the present expeditious ordinance d) granting, with priority, from the special development is voluntarily liquidated in a period smaller than double the fund at the GovernmentÕs disposal, constituted according to period in which it had enjoyed the facilities granted by the the Expeditious Government Ordinance No. 59/1997 on the decision of the Government for the setting up of the de- destination of the amounts of money collected by the State prived zone, the liquidator or liquidators shall have the obli- Property Fund within the framework of the privatization gation to pay, with priority, to the state budget, to the state process of the trading companies in which the state is the social insurance budget, and to the special funds budgets, shareholder, of some amounts of money for: the amounts of money related to the facilities granted accord- Ñ stimulation of the export activity of the finished pro- ing to the provisions of articles 5 and 6, from the amounts ducts and/or of industrial services, as the case may be; of money resulting from the liquidation.

232 233 Expeditious Ordinance No. 24/1998 Regime of deprived zones

(2) Trading companies constituted in a deprived zone can- Art. 12. Ñ Application of Art. 11 shall not preclude civil, not cease their activity in the respective zone, and those which penal, or administrative responsibility of the users or bene- open branches with legal personality in such a zone cannot ficiaries of the funds allocated according to the present expe- liquidate them or change their head-office from the deprived ditious ordinance. zone in a period shorter than that provided under para. (1), Art. 13. Ñ Before the date of setting up of the regional unless they be sanctioned to pay the amounts of money due development agencies, for the mining zones, the National to the state budget, to the state social insurance budget, and Agency for the Development and Implementation of to the special funds budgets, related to the facilities granted Development Programmes for Mining Zones shall have its conformable to the provisions under articles 5 and 6. attributions and responsibilities, too, being in a position to (3) Economic units having benefitted by exemption from propose to the Government the declaration of some mining payment of the tax on profit, in accordance with the legis- zones as deprived zones, in the sense of the present expe- lation in force, up to the date of coming into force of the ditious ordinance. present expeditious ordinance shall not benefit by the Art. 14. Ñ The Government shall approve by decision, at provisions under articles 5 and 6. the proposal of the Reform Council, of the Ministry of Art. 9. Ñ The National Regional Development Agency shall Industry and Trade, of the Ministry of Public Works and be the regulatory authority for the deprived zones. Territorial Planning, and with the advice of the Ministry of Art. 10. Ñ On the grounds of the GovernmentÕs decision Finance, the methodological norms for the application of the to set up a deprived zone, the regional development agency present expeditious ordinance within 45 days after its coming shall also ensure its specific administration, having for the into force. deprived zone the following main attributions: a) to promote the private and public initiative; b) to elaborate proposals for the improvement of the economic and social activity in the zone; c) to follow, together with the bodies authorized by the law, the mode in which the economic units in the zone fulfil their obligations provided under the present expeditious ordinance; d) to centralize, with the support of the local public administration authorities, of the territorial bodies of the Ministry of Finance, and of the Ministry of Labour and Social Protection, data regarding the activity of the economic units in the zone, and to ensure their transmission to the National Regional Development Agency. Art. 11. Ñ (1) The total or partial utilization of the amounts of money related to the granted facilities, without observance of the terms and of their destination, shall be found by the control bodies authorized according to the law. (2) The amounts of money provided under para. (1) shall be returned in double quantum, within 60 days after the finding of the change of destination of the funds by the control bodies, within which term shall be expeditiously levied a distraint.

234 235 Regime of deprived zones Ñ modifications

LAW Ò(2) In case the geographical area of a deprived zone belongs LAW to two or more territorial-administrative units, the setting- on the approval of the Expeditious up proposal, documentations and advices shall be made by the authorized bodies, according to para. (1), from the res- Government Ordinance pective territorial-administrative units, under the manage- No. 24/1998 on the regime ment of the National Regional Development Agency. (3) In case of the deprived zones belonging to two or more of deprived zones* territorial-administrative units, the respective economic units shall transmit the data provided under para. (1) to the Art. 1. Ñ There shall be approved the Expeditious National Regional Development Agency.Ó Government Ordinance No. 24 of 30 September 1998 on the 3. Article 3 shall have the following contents: regime of deprived zones, published in RomaniaÕs Official ÒArt. 3. Ñ The declaration and delimitation of the deprived Gazette, Part I, No. 378 of 2 October 1998, with the follow- zones shall be made by decision of the Government, at the ing modifications and completions: proposal of the National Regional Development CouncilÓ. 1. Article 1 shall have the following contents: 4. After article 3 there shall be introduced article 31 with ÒArt. 1. Ñ (1) Deprived zones, in the meaning of the pre- the following contents: sent expeditious ordinance shall represent geographical ÒArt. 31. Ñ By the Government decision on the declara- areas, strictly delimited territorially, which fulfil at least one tion of a deprived zone there shall be approved: of the following conditions: a) the period for which a geographical area is declared a) they have mono-industrial productive structures which, deprived zone, in the sense of the present expeditious ordi- in the activity of the zone, mobilize more than 50 per cent nance; of the wage-earning population; b) the domains of interest for the implementation of b) they are mining zones where the personnel has been investments; discharged, in proportion of over 25 per cent, by collective c) the financings required and the facilities provided by dismissals; the law which shall be granted to the economic units that c) collective dismissals have been carried out as a result shall carry out investments.Ó of the liquidation, restructuring, or privatization of econo- 5. Article 4 shall have the following contents: mic units, which have affected more than 25 per cent of the ÒArt. 4. Ñ A geographical area may be declared deprived number of employees residing in the respective zone; zone for a period of at least three years, but no more than d) the unemployment rate exceeds by 30 per cent the ave- ten years, with a possibility of extension, under the terms rage rate at national level; of the present expeditious ordinance.Ó e) they are isolated zones, lacking the means of commu- 6. Article 5 shall have the following contents: nication and whose infrastructure is weakly developed. ÒArt. 5. Ñ (1) Trading companies, Romanian juristic per- (2) A deprived zone, delimited according to para. (1), may sons, with majority private capital, as well as private entre- belong to one or more territorial-administrative units.Ó preneurs or family associations, authorized according to the 2. At article 2 shall be introduced paragraphs (2) and (3) Statutory Order No. 54/1990 on the organization and unfold- with the following contents: ing of economic activities on the basis of free initiative, having their head-office and unfolding their activity in the * Law No. 20/1999 Ñ Law on the approval of the Expeditious deprived zone, shall benefit by the following facilities for Government Ordinance No. 24/1998 on the regime of deprived zones Ñ was published in RomaniaÕs Official Gazette, Part I, No. 12/19 January the newly created investments: 1999. a) exemption from payment:

236 237 Law No. 20/1999 Regime of deprived zones Ñ modifications

Ñ of customs duties and of the value added tax for the Ñ financing of special programmes, approved by decision machinery, tools, installations, equipment, means of trans- of the Government; port, other amortizable goods that are imported with a view Ñ financing of the investment projects of the trading com- to the implementation of investments in the zone; panies by co-participation of the state in the registered capital. Ñ of the value added tax for the machinery, tools, instal- (2) Granting of the facilities and financings provided under lations, equipment, means of transport, other amortizable para. (1) letter e) shall be established by decision of the goods made in Romania with a view to the implementation Government.Ó and unfolding of investments in the zone; 7. Article 8 paragraph (1) shall become article 51 with the b) refund of customs duties for imported raw materials, following contents: spare parts and/or components necessary for achieving their ÒArt. 51. Ñ In the situation when an investment which has own production in the zone. The refund of the amounts of benefitted by the provisions of the present expeditious ordi- money shall be made on the basis of an approval by the regional development agencies of the documents attesting nance shall be voluntarily liquidated over a period smaller the turning to account of the production by the economic than double the period in which it had enjoyed the facili- units. The amounts of money necessary for the refund to ties granted by the decision of the Government to set up the the economic agents from the zone of the customs duties deprived zone, the liquidator/liquidators shall be under an payed by them shall be provided by the regional develop- obligation to pay with priority, from the amounts of money ment agency from the regional development fund. In case resulted from the liquidation, to the state budget, to the state of the deprived zones belonging to two or more territorial- social insurance budget, and to the special funds budgets administrative units, the amounts of money necessary for the amounts of money related to the facilities granted accord- the refund to the economic units from the deprived zone of ing to the provisions of the present expeditious ordinance.Ó the customs duties payed by them shall be provided by the 8. Article 6 shall be abrogated. National Regional Development Agency from the regional 9. Article 7 shall have the following contents: development fund; ÒArt. 7. Ñ The facilities provided under the present expe- c) exemption from the payment of the tax on profit for ditious ordinance shall be granted to trading companies, the duration of the deprived zone; Romanian juristic persons with majority private capital, as d) exemption from the payment of taxes collected for the well as to private entrepreneurs or family associations, modification of the destination or for taking out of the agri- authorized according to the Statutory Order No. 54/1990, cultural lands of pieces of land destined for the implemen- having their head-office and deploying their activity in this tation of the investment; zone, if, by the investment achieved, new jobs shall be creat- e) granting, with priority, from the special development ed for the unemployed workforce or for the members of fund existing at the GovernmentÕs disposal constituted their family residing in the deprived zone.Ó according to the Expeditious Government Ordinance No. 10. Article 8 shall have the following contents: 59/1997 on the destination of the amounts of money col- ÒArt. 8. Ñ Trading companies constituted in a deprived lected by the State Property Fund within the framework of zone may voluntarily cease their activity in the respective the privatization process of the trading companies in which zone, and those which shall open branches with legal per- the state is the shareholder, of some amounts of money for: sonality in such a zone may suppress them or change their Ñ stimulation of the export activity of the finished pro- head-office from the deprived zone, over a period shorter ducts and/or of industrial services, as the case may be; than that provided under Art. 51, only under the sanction of Ñ guarantee of external credits within the limit of an paying off the amounts of money owed to the state budget, annual ceiling established by the Ministry of Finance; to the state social insurance budget, and to the special funds

238 239 Law No. 20/1999 budgets, related to the facilities granted according to the pro- DECISION visions under the present expeditious ordinance.Ó DECISION 11. At article 10 shall be introduced letters e) and f) with on the approval the following contents: Òe) to elaborate norms and to regulate activities inside the of the Methodological Norms zone, for the duration of its existence; for the application of the Expeditious f) to inform periodically the National Regional Development Council about the activities in the zone.Ó Government Ordinance No. 24/1998 12. At article 10 shall be introduced paragraph (2) with the following contents: on the regime of deprived zones* Ò(2) In case of the deprived zones belonging to two or Art. 1. Ñ There shall be approved the Methodological more territorial-administrative zones, their specific admi- Norms for the application of the Expeditious Government nistration shall be carried out by the National Regional Ordinance No. 24/1998 on the regime of deprived zones, Development Agency.Ó published in RomaniaÕs Official Gazette, Part I, No. 378 of 13. Article 11 shall have the following contents: 2 October 1998, approved and modified by the Law No. ÒArt. 11. Ñ (1) The total or partial utilization of the amounts 20/1999, published in RomaniaÕs Official Gazette, Part I, No. of money allocated from the regional development fund for 12 of 19 January 1999, provided for in the annex which is the development projects within the framework of the de- an integral part of the present decision. prived zones, without observance of the destination and of Art. 2. Ñ At the date of coming into force of the present deci- the terms for which they were granted to the beneficiaries, sion shall be abrogated the Government Decision No. 907/1998 shall be found by the control bodies authorized according on the approval of the Methodological Norms for the applica- to the law. tion of the Expeditious Government Ordinance No. 24/1998 on (2) The amounts of money provided under para. (1) shall the regime of deprived zones, published in RomaniaÕs Official be returned in double quantum, within 60 days after the Gazette, Part I, No. 494 of 22 December 1998. finding by the control bodies of the change of destination of the funds, within which term there shall be expeditiously ANNEX levied a distraint in favour of the regional development agen- METHODOLOGICAL NORMS cyÓ. for the application of the Expeditious Government Ordinance 14. Article 12 shall have the following contents: No. 24/1998 on the regime of deprived zones, ÒArt. 12. Ñ Non-observance of the provisions under the approved and modified by the Law No. 20/1999 present expeditious ordinance shall result in the civil or penal administrative responsibility, as the case may be, under the terms of the present expeditious ordinance.Ó CHAPTER I Art. II. Ñ The Expeditious Government Ordinance No. General provisions, definitions 24/1998 on the regime of deprived zones, such as it was Art. 1. Ñ In the sense of the provisions of the Expeditious Government modified by the present law, shall be republished in Ordinance No. 24/1998 on the regime of deprived zones, approved and RomanianÕs Official Gazette, Part I, giving a new numbering modified by the Law No. 20/1999, further to be called ordinance, the to the texts. notions below shall be defined as follows: * The Government Decision No. 525/1999 on the approval of the Methodological Norms for the application of the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones was published in RomaniaÕs Official Gazette, Part I, No. 325/8 July 1999.

240 c. 16 241 Decision No. 525/1999 Methodological Norms for the application of the Expeditious Ordinance No. 24/1998

a) geographical area, strictly delimited territorially Ñ one or more con- (6) The condition provided under Art. 1 para. (1) letter d) of the ordi- tiguous territorial-administrative units which, individually, fulfil the provisions nance with regard to the level of the unemployment rate for the declara- under the ordinance; tion of the deprived zone shall be considered fulfilled if, in the last three b) mono-industrial productive structures Ð industrial structures in marked months, an unemployment rate of at least thirty per cent points was record- decline, which, in the economy of the zone, mobilize upwards of fifty per ed above the average existing at national level. cent of the wage-earning population, and which require re-conversion towards new activities; CHAPTER II c) mining zone Ñ one or more territorial-administrative units on whose Declaration of deprived zones territory mining activities are carried on in the sense of the Law No. 61/1998 on mines; Art. 3. Ñ (1) The mayor or the chairman of the county council, on d) unemployment rate, as the share of the unemployed in the total the basis of the decision of the local, respectively, county council, shall labour resources in the zone Ñ a statistical indicator, calculated monthly, transmit the substantiated proposal of declaration of the deprived zone to expressed in percentage and determined by relating the number of the the regional development agency in whose territorial radius the respective recorded unemployed to the total of the population from 18 to 62 years zone is included. of age; (2) The regional development agency provided under para. (1) shall examine the proposals of declaration of the deprived zones, and, if the e) newly-created investment Ñ an investment which is carried out and requirements provided by the law shall be met, shall draw up the required registered in the financial accounting of the economic unit, after decla- documentation in accordance with the rules established by the National ration of the deprived zone; Regional Development Agency. f) family members Ñ husband, wife, children, as well as parents of (3) After being advised by the regional development council, the docu- the spouses living and keeping house together in the same dwelling; mentation for the declaration of the deprived zone shall be forwarded to g) head-office Ñ main seat of the economic unit, in the sense given the National Regional Development Agency. by the Law No. 31/1990 on trading companies, republished, and by the Art. 4. Ñ (1) On the basis of the analysis of the documentation attend- Law No. 26/1990 on the register of companies, republished. ing the proposal of declaring the deprived zone, the National Regional Art. 2. Ñ (1) Data with regard to the number of the registered unem- Development Agency shall forward the proposal for declaring the deprived ployed shall be provided by the agencies for professional training and zone for approval to the National Regional Development Council. occupation of the counties and of the Municipality of Bucharest, and data (2) The documentation approved by the National Regional Development with regard to the population from 18 to 62 years of age shall be provid- Council shall be forwarded to the Government for adoption. ed by the National Committee for Statistics. (2) For the unemployment rate corresponding to the zone shall be CHAPTER III considered the number of the unemployed with a fixed domicile in the Facilities granting procedure respective geographical area, registered at the end of the month of refe- rence, and the number of the stable population of the zone from 18 to Art. 5. Ñ (1) The facilities provided by the law shall be granted on 62 years of age. the basis of the certificate of investor in the deprived zone, which certi- (3) At national level, the unemployment rate shall be calculated accord- ficate shall be issued at the request of the economic unit by the regio- ing to the same method, by relating the number of the registered unem- nal development agency within whose radius of territorial competence the ployed at national level to the total of the stable population from 18 to head-office of the economic unit is situated. 62 years of age. (2) The regional development agencies shall issue the certificate of (4) The calculation of the unemployment rate at the level of the geo- investor in the deprived zones within no more than 15 days after the date graphical area for which the declaration as deprived zone is proposed of registration of the application. shall be made, on request, by the territorial agency for professional train- (3) The economic units who solicit the issue of the certificate of inves- ing and occupation from the county on whose territory the respective zone tor in the deprived zones shall have to prove that they fulfil the condi- shall be set up. tions provided by the ordinance. (5) At national level the calculation of the unemployment rate, in the (4) Economic units who are at the beginning of their activity and can- sense of the ordinance, shall be made by the National Agency for not for this reason produce proof of having carried out the investment, of Professional Training and Occupation. having begun their activity, and of having created new jobs, may solicit

242 243 Decision No. 525/1999 Methodological Norms for the application of the Expeditious Ordinance No. 24/1998 the issue of a temporary certificate of investor in the deprived zone for of the customs duties is solicited are not used, according to Art. 5 para. a period of three months at the most. If during this period they fail to (1) letter b) under the ordinance, in the unitÕs production in the zone. prove they have fulfilled the conditions provided by the ordinance, they (3) The application of the economic unit provided for in para. (1) shall shall be under an obligation to pay, respectively to refund the equivalent include: value of all the facilities they benefitted by. Ñ the name, head-office, fiscal code, registration number at the regis- (5) The temporary certificate shall be issued on the basis of the eco- ter of companies, bank accounts in Lei and in foreign currency of the nomic unitÕs engagement with regard to the implementation of the invest- economic unit; ment and the creation of new jobs. Ñ the name and first name of the manager, respectively of the per- (6) The printed form of the application, of the certificate of investor, son entitled to represent the economic unit, the place and date of birth, respectively of the temporary certificate of investor as well as the list domicile, series and number of the identity card, personal numerical code, including the deeds necessary for the issue of these certificates are includ- signature; ed in the Annexes Nos 1 to 5 which are an integral part of the present Ñ the kind or name of the goods for which refund of the customs methodological norms. duties is requested and the value of the customs duties for which the Art. 6. Ñ (1) Exemption from the payment of customs duties and of refund is asked; the value added tax for the imported goods provided under Art. 5. para. Ñ the declaration on oneÕs own responsibility that the goods for which (1) letter a) of the ordinance shall be granted by the customs bodies on refund of the customs duties is requested were used in the unitÕs own the basis of the certificate of investor in the deprived zone or of the tem- activity for the manufacture of the finished products and that these pro- porary one, of the declaration under authenticated signature of the per- ducts were marketed. son entitled to represent the economic unit and of the economic unitÕs (4) The application shall be signed in front of the employee of the application notified by the regional development agency in whose radius regional development agency, who shall make a specification in this sense of territorial competence the investment is carried out. on the application after verifying the identity data of the person signing (2) In case the facilities provided under para. (1) are granted on the the application. basis of the temporary certificate of investor in the deprived zone, the (5) The economic unit shall annex to the application the following docu- customs bodies having approved the granting of the facilities shall verify, ments in certified copies: at the expiry of the validity term of the temporary certificate, if the eco- Ñ the constitutive deeds of the economic unit; nomic unit has fulfilled the conditions provided under the ordinance. Ñ the certificate of fiscal registration; (3) The printed form of the declaration under authenticated signature shall be present in Annex No. 6 which is an integral part of the present Ñ the certificate of investor in the deprived zone; methodological norms. Ñ the import documents with regard to the goods for which refund of Art. 7. Ñ In the customs papers or in the marketing ones, with refer- the customs duties is requested; ence to the goods for which neither customs duties were payed nor the Ñ the technical specification for each category of finished product; value added tax, according to Art. 5 para. (1) letter a) under the ordi- Ñ the marketing documents of the finished products. nance, mention shall be made Òexempt from payment of customsÓ, res- Art. 10. Ñ The amounts of money required for refunding the customs pectively Òexempt from payment of the V.A.T.Ó. duties to the economic units from the deprived zone shall be payed by Art. 8. Ñ The authorities granting the facilities provided for in Art. 5 the regional development agency from the regional development fund, on para. (1) letter a) under the ordinance shall communicate every three months the basis of the allocations received from the national regional develop- to the Ministry of Finance and to the National Regional Development ment fund. Agency the value of the taxes for which exemptions from payment were (2) The regional development agency shall draw up the money order granted. within 15 days after the date of registration of the application for the Art. 9. Ñ (1) Refund of the customs duties for the goods provided refund of the customs duties. under Art. 5 para. (1) letter b) of the ordinance shall be made by the (3) The Ministry of Finance shall undertake the measures provided by regional development agency in whose radius of territorial competence the the law, at the request of the National Regional Development Agency, for head-office of the economic unit is situated, on the basis of its applica- supplementing the national regional development fund. tion. Art. 11. Ñ Exemption from payment of the tax on profit, provided for in (2) Customs duties shall not be refunded in the situation in which the Art. 5 para. (1) letter c) under the ordinance shall be granted on the basis imported raw materials, spare parts and/or components for which refund of the certificate of investor in the deprived zone, issued by the regional

244 245 Decision No. 525/1999 Methodological Norms for the application of the Expeditious Ordinance No. 24/1998 development agency in whose radius of territorial competence the main . 1 seat of the economic units is situated. o Art. 12. Ñ Exemption from payment of taxes collected for the modification of the destination or for taking out of the agricultural lands of pieces of land destined for the implementation of the investment, provided ...... , under Art. 5 para. (1) letter d) of the ordinance shall be approved by the ANNEX N public authorities provided under Art. 94 of the Law No. 18/1991 on the ......

land fund, republished, on the basis of the certificate of investor in the umerical code ...... , deprived zone or of the temporary one. Art. 13. Ñ (1) The facilities provided under Art. 5 para. (1) letter e) of the ordinance shall be granted by decisions of the Government of Romania at the proposal of the National Regional Development Agency. to the methodological norms ...... (2) The guarantee of external credits within the limit of a yearly-ceil- (signature and stamp) ing established by the Ministry of Finance, provided under Art. 5 para. (1) letter e) of the ordinance shall follow the procedure established under the Law No. 81/1999 on the public debts. Art. 14. Ñ The economic units benefitting by the facilities provided for in the ordinance shall have the obligation to keep an extra account-book for the amounts of money related to each facility the units benefitted by. * CHAPTER IV Final provisions (constitutive deed, decision of the general assembly, etc.) Art. 15. Ñ The authorities of the local and central public administration, their specialist bodies, as well as the chambers of commerce and industry shall present to the regional development agencies and to the

National Region Development Agency, free of charge, all information they APPLICATION need for the declaration and management of deprived zones. Art. 16. Ñ The beneficiaries of the facilities provided under the ordinance shall have the obligation to put at the disposal of the regional development agencies and of the National Regional Development Agency, on request, all data and information solicited, and to permit the physical identification of the machinery, tools, installations, equipment, means of transport, and of other goods for which facilities were granted. Art. 17. Ñ The National Regional Development Agency shall supervise the activity of each regional development agency with regard to the appli- (denomination)

cation of the provisions under the present methodological norms...... Art. 18. Ñ The regional development agencies and the National Regional (denomination of the economic unit, legal form) for the issue of a temporary certificate of investor in the deprived zone for the issue of a temporary certificate of investor in the deprived zone Development Agency shall inform the bodies for criminal investigation, the (name and first name of the manager) bodies of financial control and other control bodies, in case infringements of legal provisions in force should be found. CONOMIC UNIT * The regional development agencies shall adapt the present printed form of application to suit each economic unit, * The regional development agencies shall adapt the present printed form of application The undersigned ...... , with head-office in ...... The undersigned ...... , with E Head-office ...... Registration number ...... Fiscal code ...... We mention that: in the deprived zone declared Ð we have constituted a trading company with the head-office mentioned above, ...... (if any have been made); Ð we have made investments so far amounting to ...... , consisting in Ð other fulfilled conditions shall be mentioned, if any. the expiry of the validity term of We pledge ourselves to fulfil all the conditions provided by the law until we have benefitted by, on the Otherwise, we pledge ourselves to refund the equivalent value of the facilities depending on its legal form of organization. by Government Decision No...... of ...... ; the temporary certificate of investor in the deprived zone. days after the expiry of its validity. basis of the temporary certificate of investor in the deprived zone within five solicit the issue of a temporary certificate of investor in the deprived zone for a period of ...... solicit the issue of a temporary certificate of investor in the deprived zone (3 months maximum). represented by ...... , residing in ...... , personal n represented by ...... , residing in ...... , in the capacity of ...... , on the basis of ......

246 247 248 Decision No. 525/1999 ECONOMIC UNIT ...... ANNEX No. 2 (denomination) to the methodological norms Head-office ...... Registration number ...... Fiscal code ...... APPLICATION* for the issue of a certificate of investor in a deprived zone The undersigned ...... , with head-office in ...... (denomination of the economic unit; legal form) ...... ,represented by ...... , residing in ...... , (name and first name of the manager) personal numerical code...... , in the capacity of ...... , on the basis of ...... (constitutive deed, decision of the general assembly etc.) solicit the issue of a certificate of investor in the deprived zone. We mention that: Ñ we have carried out an investment amounting to ...... , consisting of ...... ; Ñ we unfold our activity in the locality ...... which lies in the perimeter of the deprived zone (address) declared by Government Decision No...... of ...... ; Ñ we have created ...... jobs in accordance with the provisions of Art...... under the Expeditious Government Ordinance No. 24/1998, approved and modified by the Law No. 20/1999. Appended to the present application are the deeds by which we prove the fulfilment of the conditions required by the law. We pledge ourselves to refund the updated equivalent value of the facilities we have benefitted by in the cases provided by the law, within 15 days...... (signature and stamp) * The regional development agencies shall adapt the present printed form of application to suit each economic unit, depending on its legal form of organization. vities when they got hired. were out of work, and that they had not got incomes from authorized acti es, etc.); economic unit. also be requested. The deeds shall deposited in certified copy by the notified by the National Regional Development Agency, other deeds may zone law; Methodological Norms for the application of Expeditious Ordinance No. 24/1998 including the deeds b) deeds proving the carrying out of investment (receipts, invoic a) deeds provided under point I letters to c) from the present list; c) work books or, instead, the declaration of employees that they * By decision of the manager regional development agency, II. For the issue of certificate investor in deprived zone I. For the issue of temporary certificate investor in deprived d) other deeds proving the fulfilment of conditions provided by c) identity card of the manager; b) judicial decision or administrative authorization; a) constitutive deed, certificate of registration, fiscal code; : for the issue of certificate investor in deprived zone * to be deposited together with the application LIST to the methodological norms A NNEX No. 3 249 - - : 250 ANNEX No. 4 Decision No. 525/1999 to the methodological norms THE REGIONAL DEVELOPMENT AGENCY of the development region ...... Head-office ...... (address, telephone, fax)

CERTIFICATE OF INVESTOR IN THE DEPRIVED ZONE No...... of ...... , (denomination of the economic unit and legal form of organization)

with head-office in ...... , registered with the Office of the Register of Companies of the county...... under the No...... , fiscal code ...... , shall benefit by the facilities provided under the Government Decision No...... , in accordance with the provisions of the Expeditious Government Ordinance No. 24/1998, approved and modified by the Law No. 20/1999, and with the provisions of the Government Decision No. 525/1999 on the approval of the Methodological Norms for the application of the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones.

Manager, ...... (signature and stamp)

The authorities (institutions) which grant (approve) the facilities provided by the law shall be under the obligation to inform the regional development agency which issued the present certificate of the granting of each facility within five days.

ANNEX No. 5 Methodological Norms for the application of Expeditious Ordinance No. 24/1998 to the methodological norms THE REGIONAL DEVELOPMENT AGENCY of the development region ...... Head-office ...... (address, telephone, fax)

TEMPORARY CERTIFICATE OF INVESTOR IN THE DEPRIVED ZONE No...... of ...... , (denomination of the economic unit and legal form of organization)

with head-office in ...... , registered with the Office of the Register of Companies of the county ...... , under the No...... , fiscal code ...... , shall benefit by the facilities provided under the Government Decision No...... , in accordance with the provisions of the Expeditious Government Ordinance No. 24/1998, approved and modified by the Law No. 20/1999, and with the provisions of the Government Decision No. 525/1999 on the approval of the Methodological Norms for the application of the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones. The present certificate shall be valid until ...... Manager ......

(signature and stamp) 251 The authorities (institutions) which grant (approve) the facilities provided by the law shall be under the obligation to inform the regional development agency which issued the present certificate of the granting of each facility within five days. Decision No. 525/1999

DECISION No. 6 ...... , on the approval of the Organization NNEX NNEX

A and Functioning Regulations

(address) of the National Regional ...... Development Council* ...... to the methodological norms to the methodological Single article. Ñ There shall be approved the Organization and Functioning Regulations of the National Regional Deve- lopment Council provided for in the annex which is an integral part of the present decision. ANNEX (address) ...... (signature and stamp) ORGANIZATION AND FUNCTIONING REGULATIONS of the National Regional Development Council

CHAPTER I registration number with the Register of Companies) registration number General provisions Art. 1. Ñ The National Regional Development Council, further to be called N.R.D.C., shall be a deliberative body without legal personality, established on the grounds of Art. 10 under the Law No. 151/1998 on regional development in Romania.

DECLARATION DECLARATION Art. 2. Ñ The N.R.D.C.Õs aim shall be the promotion of the basic objectives of the regional development policy in Romania, established under Art. 2 of the Law No. 151/1998. ) (denomination, position in RomaniaÕs Import Customs Tariff and amount) in RomaniaÕs Import Customs Tariff and (denomination, position Art. 3. Ñ (1) The N.R.D.C. shall have in its composition the chairmen and vice-chairmen of the regional development councils and, at parity with (function) (name of the economic unit, head-office, fiscal code, their number, the heads of the central public administration bodies, designated by decision of the Government as representatives of the Government. (2) In case of unavailability of the titular members, these shall designate substitutes having the right to vote. (3) Members of the N.R.D.C. shall exercise their attributions free of charge. (name and first name Art. 4. Ñ Chairman of the N.R.D.C. shall be the Prime Minister according to the provisions of Art. 10 para. (1) under the Law No. 151/1998. Art. 5. Ñ The executive body of the N.R.D.C. shall be the National Regional Development Agency, which shall be organized and shall Date when the declaration is drawn up ...... Date when the declaration is drawn * The Government Decision No. 554/1999 on the approval of the Organization and Functioning Regulations of the National Regional with regard to the exemption from payment of the customs duties and of the value added tax for the and of the value the customs duties from payment of to the exemption with regard The undersigned ...... domiciled at ...... domiciled The undersigned ...... In case of a change in the destination of the goods we pledge to fulfil the legal formalities regarding the In case of a change in the destination development agency of the change in the location of the above- Likewise, we pledge to inform the regional machinery, tools, installations, equipment, means of transport, and other amortizable goods which are goods which and other amortizable of transport, equipment, means tools, installations, machinery, Development Council was published in RomaniaÕs Official Gazette, Part I, imported with a view to the carrying out of investments in the zone, provided for in Art. 5. para. (1) letter a) in Art. 5. para. (1) provided for in the zone, carrying out of investments with a view to the imported under the Expeditious Government Ordinance No. 24/1998, approved and modified by the Law No. 20/1999 approved and modified by the Government Ordinance No. 24/1998, under the Expeditious No. 340/16 July 1999. according to the Expeditious Government Ordinance No. 24/1998 on the regime of deprived zones, approved 24/1998 on the regime of deprived Government Ordinance No. according to the Expeditious in the fields of activity provided for in the Government Decision No. and modified by the Law No. 20/1999, of the deprived zone...... on the declaration import duties. In this case, the value in the customs shall be calculat-import of merchandise and to pay the ed the change in the destination of the goods is at the currency rate of exchange valid on the day when found. mentioned goods. I declare that the following goods ...... I declare that the in ...... , situated in ...... newly created investment consisting are destined for the in the capacity of ...... of the ...... of the in the capacity of

252 253 Decision No. 554/1999 Organization and Functioning Regulations of the National Regional Development Council function according to the provisions under the Government Decision b) to approve the draft agenda of the N.R.D.C.; No. 978/1998. c) to sign the decisions taken by the N.R.D.C.; Art. 6. Ñ The National Regional Development Agency shall provide d) to preside over the N.R.D.C. meetings. the secretariat of the N.R.D.C., carrying out the following main activities: (2) The chairman of the N.R.D.C. may designate from members of the a) to prepare and transmit the necessary documents with a view to N.D.R.C. a substitute to preside over the meeting. the summoning of the N.R.D.C.Õs meetings; b) to draw up the minutes of the meeting; CHAPTER III c) to provide, between meetings, the specialist assistance required by Functioning of the N.R.D.C. the chairman and members of the N.R.D.C.; d) to provide the registry and keeping of records for all documents Art. 9. Ñ The proceedings of the N.R.D.C. shall unfold within the regarding the activity of the N.R.D.C.; framework of ordinary and extraordinary meetings. e) to provide the convening of the N.R.D.C. under the terms estab- (2) Ordinary meetings shall take place half-yearly or whenever neces- lished by the present regulations; sary, at the initiative of the chairman of the N.R.D.C. f) to carry out other activities in connection with the secretariat of the (3) In particular cases extraordinary meetings of the N.R.D.C. may be N.R.D.C. organized at the initiative of the chairman, at the request of one third of the total number of members or at the request of the National Regional CHAPTER II Development Agency. Attributions Art. 10. Ñ (1) Ordinary meetings shall be convened in writing at least Art. 7. Ñ The N.R.D.C. shall have the following attributions: 15 days before the appointed date; it shall contain the day, hour, and place of the meeting, the agenda, and it shall be transmitted to members a) to approve the national regional development strategy, and the natio- of the N.R.D.C. together with the documents which are to be examined nal regional development programme; and approved. b) to present to the Government proposals regarding the constitution of the national regional development fund; (2) Extraordinary meetings shall be convened under the terms of Art. c) to approve the criteria, priorities, and mode of allocation of the 9 para. (3) at least five days before the date of the unfolding of the re- resources of the national regional development fund; union. d) to follow up the utilization of the funds allocated to the regional Art. 11. Ñ (1)) The meetings of the N.R.D.C. may take place only in development agencies from the national regional development fund; the presence of at least half plus one of the number of its members and e) to follow up the achievement of the objectives of the regional deve- on condition that all development regions are represented. lopment within the framework of the external cooperation activities of the (2) If at a meeting of the N.R.D.C. the participation conditions provid- development regions of transfrontier, interregion, and Euroregion type; ed under para. (1) are not fulfilled, it shall be postponed, and a new f) to elaborate its own organization and functioning regulations; meeting shall be convened within five days. A meeting convened as a g) to establish the level of the organization and functioning expenses result of a postponement shall unfold even if the conditions provided under of the National Regional Development Agency, respectively the budget, para. (1) are not fulfilled. from the national regional development fund and to forward it to the Art. 12. Ñ (1) At the beginning of each meeting the chairman of the Government for approval; N.R.D.C. shall put to the vote the agenda, which shall be approved by a h) to propose to the Government the declaration and delimitation of majority vote of the members present. the deprived zones; (2) The agenda may be completed with other problems, too, than those i) to fulfil other attributions in the domain of regional development which initially communicated. are imparted to it by law or by international agreements Romania is a Art. 13. Ñ (1) In the exercise of their attributions, members of the party to. N.R.D.C. shall adopt decisions by a majority vote of the members present. Art. 8. Ñ (1) The chairman of the N.R.D.C. shall have the following (2) The decisions adopted shall be communicated to the interested attributions: parties by the National Regional Development Agency. a) to establish the date when the N.R.D.C. shall be called in ordina- Art. 14. Ñ (1) In the meetings of the N.R.D.C. shall participate the ry or extraordinary meeting; chairman of the National Regional Development Agency.

254 255 Decision No. 554/1999

(2) In agreement with the chairman of the N.R.D.C., in the meetings may also participate, as guests, other representatives of the Government, DECISION of the regional development council, of the Delegation of the European Commission, as well as of other institutions and organizations with attri- on the organization and functioning butions in the domain of regional development, provided that specific proof the National Regional blems from their field of activity are discussed at the respective reunion. (3) The participants in the meeting, others than members of the N.R.D.C., Development Agency* shall have no right to vote. They can make proposals in agreement with the chairman. Art. 1. Ñ (1) The National Regional Development Agency shall function as a specialist body of the central public administration, with legal personality, subordinated to the Government and under the direct coordination of the Prime Minister in his quality as chairman of the National Regional Development Council. (2) The head-office ot the National Regional Development Agency shall be in the Municipality of Bucharest. Art. 2. Ñ The National Regional Development Agency shall have the following main attributions: a) to elaborate the national strategy for regional development, on the basis of the regional strategies approved by the regional development councils and of the strategies and programmes of the central public administration bodies; b) to elaborate annual and multi-annual national plans of regional development on the basis of the national strategy approved by the National Regional Development Council, of the regional plans approved by the regional development councils and of the programmes of the central public administration bodies; c) to examine the proposals of the regional development councils with regard to the constitution of the regional development funds, and to present to the National Regional Development Council proposals for the constitution of the national regional development fund; d) to elaborate the criteria, priorities, and mode of allocation of the resources of the national regional development fund; e) to ensure the financial and technical management of the national regional development fund;

* The Government Decision No. 978/1998 on the organization and functioning of the National Regional Development Agency was published in RomaniaÕs Official Gazette, Part I, No. 528/31 December 1998.

256 c. 17 257 Decision No. 978/1998 The National Regional Development Agency

f) to conclude financing contracts with the regional deve- of pre-accession for the regional development policy, as well lopment agencies on whose basis the programmes and pro- as of the structural funds after the accession to the European jects of regional development shall be financed from the Union; national regional development fund, and to follow up their q) to propose to the National Regional Development realization; Council the designation of certain zones as deprived zones, g) to elaborate the selection criteria of the regional deve- as well as the facilities each zone shall benefit by on the lopment projects; basis of the documentations approved by the regional deve- h) to examine and propose to the National Regional lopment council; Development Council the financing of the projects and pro- r) to act as a national negotiator in the relation with the grammes of regional development transmitted by the region- Department of Regional Policy and Cohesion within the al development agencies; European Commission for the European Regional i) to follow up the realization of the regional development Development Fund and the Cohesion Fund; objectives, within the framework of the activities of exter- s) to manage the PHARE funds and projects, the ISPA nal cooperation of the transfrontier type, interregional type, and SAPARD structural type funds, allocated to Romania or at the level of Euroregions inclusive; in the period of pre-accession for regional development, as j) to elaborate half-yearly reports on the stage and mode well as the programmes and amounts of money allocated of accomplishment of the planned regional development from the Cohesion Fund and from the European Regional objectives; Development Fund after RomaniaÕs accession to the k) at the solicitation of the National Regional Development European Union; Council and, on its own initiative, to ensure the elaboration t) to coordinate the application of the national regional of studies and examinations, and to make recommendations development plan which lies at the basis of negotiations with with regard to the mode of accomplishment of the objectives the European Commission, and of the financings for vari- of the national strategy of regional development; ous community programmes; l) to initiate and elaborate, together with the ministries, u) to fulfil other attributions in the domain of regional drafts of statutory instruments in the domain of regional development, which are deliberately vouchsafed or which development; follow from the international agreements the Government m) to advise the drafts of statutory instruments in the of Romania is a party to; domain of regional development forwarded by ministries v) to ensure the secretariat of the National Regional and other bodies of the public administration, as well as the Development Council. drafts of international agreements in this domain the Art. 3. Ñ (1) The National Regional Development Agency Government of Romania is a party to; shall be managed by a chairman seconded by a vice-chair- n) to promote various forms of cooperation, specific to man, appointed by decision of the Prime Minister. the regional development policy between counties, munici- (2) The attributions of the vice-chairman shall be estab- palities, towns, and communes; lished by the regulations of organization and functioning o) to ensure specialist assistance to the regional develop- which shall be approved by order of the chairman. ment councils and regional development agencies in the pro- (3) The chairman and vice-chairman of the National cess of institutional development; Regional Development Agency shall be payed according to p) to present to the National Regional Development Annex No. III to the Law No. 154/1998 on the system of Council proposals with regard to the utilization of the PHARE establishing the basic salaries in the budgetary sector and funds, and the ISPA and SAPARD structural type funds, allo- the indemnities for persons occupying functions of public cated to Romania by the European Commission in the period dignity.

258 259 Decision No. 978/1998 The National Regional Development Agency

Art. 4. Ñ (1) The chairman of the National Regional National Regional Development Agency or entrusted by the Development Agency shall be the chief accountant. chairman. (2) The chairman shall manage the whole activity of the (4) The secretary-general of the National Regional National Regional Development Agency and shall represent Development Agency shall be payed according to Annex No. it in the relations with international institutions, with minis- V to the Law No. 154/1998, with subsequent modifications. tries, with other specialist bodies of the central public admi- Art. 6. Ñ (1) The budget of the National Regional nistration, with the authorities of the local public adminis- Development Agency shall be approved as an annex to the tration, with other public institutions and with juristic state budget and shall include the amounts of money that persons. are annually allocated for the constitution of the national (3) In the exercise of his attributions the chairman shall regional development fund. issue orders and instructions. (2) Until the approval of the state budget for the year 1999 Art. 5. Ñ (1) The establishing of the mode of functioning the organization and functioning expenses of the National of the National Regional Development Agency, the continu- Regional Development Agency shall be covered within the ity of its management and the achievement of the functio- limits of the budget of the Reform Council, approved for nal links between its structures shall be realized by a secre- the year 1998. tary-general appointed by competition or by examination on Art. 7. Ñ (1) In the organization scheme of the National criteria of professionalism. Regional Development Agency there shall function depart- (2) The main attributions and responsibilities of the secre- ments, services, and bureaux. tary-general shall be: (2) The organization scheme of the National Regional a) to coordinate the good functioning of the compart- Development Agency shall be presented in an annex which ments and of the activities with a functional character with- is an integral part of the present decision. in the National Regional Development Agency, and to en- (3) The National Regional Development Agency shall func- sure the operative connection between the chairman and tion on the basis of organization and functioning regula- the leaders of all the compartments within its framework; tions, which shall be approved by order of the chairman. b) to cooperate with the specialist compartment within Art. 8. Ñ (1) The maximum number of posts for the the office of the Secretary-general of the Government and National Regional Development Agency shall be of 101, the with the secretary-generals from the other ministries in pro- chairman and vice-chairman exclusive. blems of common interest; (2) The executive and management personnel shall be c) to follow up and ensure the finalization of the statu- payed according to Annex No. V, Annex No. VIII/2, and Annex tory instruments approved by the Government, which had No. IX/1 to the Law No. 154/1998, with subsequent modifi- been initiated by the National Regional Development Agency; cations. d) to monitor and control the elaboration of the periodi- Art. 9. Ñ (1) The National Regional Development Agency cal reports provided by the regulations in force; shall take over the programmes from the domain of the e) to ensure an optimum structure and to coordinate the regional development policy, unfolded by the Reform whole personnel of the National Regional Development Council. Agency, the activity for the elaboration of the personnel poli- (2) The personnel of the department for regional deve- cies, and the guiding principles for the management of the lopment within the Reform Council shall be considered trans- personnel within the framework of the departments. ferred to the National Regional Development Agency. (3) The secretary-general of the National Regional (5) The fixed means and objects of inventory from the Development Agency may also fulfil other tasks provided by endowment of the Reform Council, existing in the utiliza- the regulations of organization and functioning of the tion of the department for regional development shall be

260 261 Decision No. 978/1998 The National Regional Development Agency transmitted to the National Regional Development Agency on the basis of a handing over Ñ taking over protocol.

Art. 10. Ð The ministries and other authorities of the cen- ANNEX

tral public administration shall be under an obligation to matters administrative economic and put at the disposal of the National Regional Development Department for Agency information it would solicit for the purpose of the prosecution and evaluation of the objectives of the national policy of regional development as well as of the elaboration, training updating, and monitoring of the national plan of regional Maximum number of posts: 101 for human Department professional development. resources and Art. 11. Ñ The National Regional Development Agency - - shall have in its endowment three motorcars. -

Art. 12. Ñ The Annex to the Government Ordinance No. (the chairman and vice-chairman exclusive)

566/1998 on public institutions subordinated to the ation, Department ters,investig

Government and the denominations of the management for legal mat ation, examin documentation, functions used within their framework, published in and information RomaniaÕs Official Gazette, Part I, No. 342 of 10 September Secretary-general 1998 shall be completed with the National Regional Development Agency and with the management posts of bodies) relations CHART (European

ÒchairmanÓ and Òvice-chairmanÓ. international Department for Union and other CHAIRMAN Vice-chairman policies control of programmes, projects, and instruments of Department for evaluation, and the prosecution, the development ORGANIZATION Department for regional programmes projects and and SAPARD) of the National Regional Development Agency of the National Regional Development (PHARE, ISPA, - regional Department development for the imple deprived zones policies, and for mentation of the - ment policies the elaboration Department for of the develop and coordination

262 263 Deprived zone Brad

DECISION ANNEX No. 1 on the declaration of the mining zone Brad, Hunedoara County, as HUNEDOARA COUNTY deprived zone* Art. 1. Ñ The mining zone Brad, Hunedoara County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the deprived zone shall include the localities Brad, Baia de Criº, Blãjeni, Buceº, Bucureºci, Bulzeºti, Bãiþa, Criscior, Luncoiu de Jos, Ribiþa, Tomeºti, Vãliºoara, Vaþa de Jos, Vorþa, and ALBA COUNTY Certej, as territorial-administrative units, with a total area of 131,844 ha, according to Annex No. 1. ARAD COUNTY Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present TIMIª COUNTY decision, there shall be granted the facilities provided for in Annex No. 2. Art. 5. Ñ Annexes Nos 1 and 2 shall be an integral part of the present decision.

CARAª-SEVERIN COUNTY

VÂLCEA COUNTY

GORJ COUNTY * The Government Decision No. 991/1998 on the declaration of the mining zone Brad, Hunedoara County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 524/31 December 1998.

264 265 Decision No. 991/1998

ANNEX No. 2 DECISION 1. For trading companies, Romanian juristic persons, as well as for on the declaration of the mining private entrepreneurs or family associations, authorized in conformity with on the declaration of the mining the Statutory Order No. 54/1990 on the organization and unfolding of eco- zone Valea Jiului, Hunedoara nomic activities on the basis of free initiative, set up after the date of declaration of the deprived zone, having their registered office and unfold- County, as deprived zone* ing their activity on its territory, shall be granted the following facilities: a) refund in full of the customs duties for machinery, tools, installa- Art. 1. Ñ The mining zone Valea Jiului, Hunedoara County, tions, equipment, means of transport, know-how, other amortizable goods shall be declared deprived zone. which are imported with a view to performing and unfolding investments Art. 2. Ñ The strictly delimited geographical area of the in the zone, as well as for the imported raw materials, spare parts, and deprived zone shall include the localities Petroºani, Lupeni, components necessary for achieving their own production in the zone; Vulcan, Uricani, Petrila, Aninoasa, as territorial-administra- b) exemption from payment of the tax on profit for the duration of tive units with a total area of 99,600 ha, according to Annex existence of the deprived zone; c) granting, with priority, from the special development fund at the dis- No. 1. posal of the Government, constituted according to the Expeditious Art. 3. Ñ The period for which the mining zone provided Government Ordinance No. 59/1997, of certain amounts of money for: for in Art. 1 shall be declared deprived zone shall be of ten Ñ stimulation of the export activity of the finished products and of years. industrial services; Art. 4. Ñ During the period of existence of the deprived Ñ guarantee of external credits within the limit of an annual ceiling zone, declared according to the provisions of the present established by the Ministry of Finance; decision, there shall be granted the facilities provided for in Ñ financing of special programmes approved by decisions of the Annex No. 2. Government; Art. 5. Ñ Annexes Nos 1 and 2 shall be an integral part of Ñ financing of the investment projects of the trading companies, by the present decision. co-participation of the state in the registered capital. By the same facilities shall also benefit the natural or juristic persons whose registered office is in this zone, where they also unfold their activity, if by the investment achieved new jobs are created for the unemployed work force or for family members residing in the deprived zone. 2. For natural persons residing in the deprived zone, who have an income below the average level in the economy the following facilities shall be granted: a) reduced fares by up to 50 per cent for transport by bus and by railway; b) reduction of the income tax by 50 per cent; c) exemption from payment of the tax on agricultural income.

* The Government Decision No. 992/1998 on the declaration of the mining zone Valea Jiului, Hunedoara County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 524/31 December 1998.

266 267 Decision No. 992/1998 Deprived zone Valea Jiului

ANNEX No. 1 ANNEX No. 2

HUNEDOARA COUNTY 1. For trading companies, Romanian juristic persons, as well as for private entrepreneurs of family associations, authorized in conformity with the Statutory Order No. 54/1990 on the organization and unfolding of ALBA COUNTY economic activities on the basis of free initiative, set up after the date of declaration of the deprived zone, having their registered office and unfolding their activity on its territory, shall be granted the following facilities: Residence municipality Non-residence municipality a) refund in full of the customs duties for machinery, tools, installa- Residence town Non-residence town tions, equipment, means of transport, know-how, other amortizable Suburban commune Commune goods,which are imported with a view to performing and unfolding invest- State frontier County limit ments in the zone, as well as for the imported raw materials, spare parts, Municipality or town limit Commune limit and components necessary for achieving their own production in the zone; ARAD COUNTY Motor highway Modernized main road b) exemption from payment of the tax on profit for the duration of Non-modernized main road Railroad existence of the deprived zone; c) granting, with priority, from the special development fund at the disposal of the Government, constituted according to the Expeditious

TIMIª COUNTY Government Ordinance No. 59/1997 of certain amounts of money for: Ñ stimulation of the export activity of the finished products and of industrial services; Ñ guarantee of external credits within the limit of an annual ceiling established by the Ministry of Finance; Ñ financing of special programmes approved by decisions of the Government; Ñ financing of the investment projects of the trading companies, by co-participation of the state in the registered capital.

CARAª-SEVERIN COUNTY By the same facilities shall also benefit the natural or juristic persons whose registered office is in this zone, where they also unfold their activity, if by the investment achieved new jobs are created for the unemployed work force or for family members residing in the deprived zone. 2. For natural persons residing in the deprived zone, who have an income below the average level in the economy the following facilities shall be granted: a) reduced fares by up to 50 per cent for transport by bus and by railway; VÂLCEA COUNTY b) reduction of the income tax by 50 per cent; c) exemption from payment of the tax on agricultural income.

GORJ COUNTY

268 269 Deprived zone Bãlan

DECISION ANNEX No. 1 on the declaration of the mining HARGHITA COUNTY zone Bãlan, Harghita County, SUCEAVA COUNTY as deprived zone* Art. 1. Ñ The mining zone Bãlan, Harghita County, shall NEAMÞ be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the deprived zone shall be the town of Bãlan, as territorial-admi- COUNTY nistrative unit, with an area of 179.18 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in BACÃU COUNTY Annex No. 2. Art. 5. Ñ Annexes Nos 1 and 2 shall be an integral part of the present decision. MUREª COUNTY

BRAªOV COVASNA COUNTY

* The Government Decision No. 993/1998 on the declaration of the mining zone Bãlan, Harghita County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 524/31 December 1998.

270 271 Decision No. 993/1998

ANNEX No. 2 DECISION 1. For trading companies, Romanian juristic persons, as well as for on the declaration of the mining private entrepreneurs or family associations, authorized according to the Statutory Order No. 54/1990 on the organization and unfolding of econo- zone Albeni, Gorj County, mic activities on the basis of free initiative, set up after the date of declaration of the deprived zone, having their registered office and unfolding as deprived zone* their activity on its territory, shall be granted the following facilities: a) refund in full of the customs duties for machinery, tools, installa- Art. 1. Ñ The mining zone Albeni, Gorj County, shall be tions, equipment, means of transport, know-how, other amortizable goods, declared deprived zone. which are imported with a view to performing and unfolding investments Art. 2. Ñ The strictly delimited geographical area of the in the zone, as well as for the imported raw materials, spare parts, and mining zone Albeni, Gorj County, shall be represented by components necessary for achieving their own production in the zone; the localities Albeni, Târgu Cãrbuneºti, Roºia de Amaradia, b) exemption from payment of the tax on profit for the duration of and Bustuchin, as territorial-administrative units with an existence of the deprived zone; area of 28,610 ha, according to Annex No. 1. c) granting, with priority, from the special development fund at the disposal of the Government, constituted according to the Expeditious Art. 3. Ñ The period for which the mining zone provided Government Ordinance No. 59/1997, of certain amounts of money for: for in Art. 1 shall be declared deprived zone shall be of ten Ñ stimulation of the export activity of the finished products and of years. industrial services; Art. 4. Ñ During the period of existence of the deprived Ñ guarantee of external credits within the limit of an annual ceiling zone, declared according to the provisions of the present established by the Ministry of Finance; decision, there shall be granted the facilities provided for in Ñ financing of special programmes approved by decisions of the Annex No. 2.** Government; Art. 5. Ñ The domains of interest for the achievement of Ñ financing of the investment projects of the trading companies by investments in the zone shall be those provided for in Annex co-participation of the state in the registered capital. No. 3.*** By the same facilities shall also benefit natural or juristic persons whose registered office is in this zone, where they also unfold their activity, if Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the by the investment achieved new jobs are created for the unemployed work present decision. force or for family members residing in the deprived zone. 2. For natural persons residing in the deprived zone, who have an income below the average level in the economy the following facilities shall be granted: a) reduced fares by up to 50 per cent for transport by bus or by railway; b) reduction of the income tax by 50 per cent; c) exemption from payment of the tax on agricultural income.

* The Government Decision No. 191/1999 on the declaration of the mining zone Albeni, Gorj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

272 c. 18 273 Decision No. 191/1999

ANNEX No. 1 DECISION on the declaration of the mining zone Schela, Gorj County, GORJ COUNTY as deprived zone* Art. 1. Ñ The mining zone Schela, Gorj County, shall be declared deprived zone. HUNEDOARA COUNTY Art. 2. Ñ The strictly delimited geographical area of the mining zone Schela, Gorj County, shall be represented by the localities Schela, and Bumbeºti-Jiu, as territorial-administrative units with an area of 30,833 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten

CARAª-SEVERIN COUNTY years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of

MEHEDINÞI COUNTY VÂLCEA COUNTY investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

DOLJ COUNTY

* The Government Decision No. 192/1999 on the declaration of the mining zone Schela, Gorj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

274 275 Decision No. 192/1999

ANNEX No. 1 DECISION on the declaration of the mining zone MotruÐRovinari, Gorj County, GORJ COUNTY as deprived zone* Art. 1. Ñ The mining zone MotruÐRovinari, Gorj County, shall be declared deprived zone. HUNEDOARA COUNTY Art. 2. Ñ The strictly delimited geographical area of the mining zone MotruÐRovinari, Gorj County, shall be represented by the localities Cãtunele, Motru, Glogova, Samarineºti, Mãtãsari, Drãgoteºti, Câlnic, Fãrcãºeºti, Urdari, Negomir, Plopºoru, Bâlteni, and Rovinari, as territorial-administrative units with an area of 68,882 ha, according to Annex CARAª-SEVERIN COUNTY No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present VÂLCEA COUNTY decision, there shall be granted the facilities provided for in Annex No. 2.** MEHEDINÞI COUNTY Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

DOLJ COUNTY

* The Government Decision No. 193/1999 on the declaration of the mining zone MotruÐRovinari, Gorj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

276 277 Decision No. 193/1999

ANNEX No. 1 DECISION on the declaration of the mining zone ªteiÐNucet, Bihor County, GORJ COUNTY as deprived zone* Art. 1. Ñ The mining zone ªteiÐNucet, Bihor County, shall be declared deprived zone. HUNEDOARA COUNTY Art. 2. Ñ The strictly delimited geographical area of the mining zone ªteiÐNucet, Bihor County, shall be represented by the localities ªtei and Nucet, as territorial-administrative units with an area of 4,678 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided

CARAª-SEVERIN COUNTY for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex VÂLCEA COUNTY No. 3.*** MEHEDINÞI COUNTY Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

DOLJ COUNTY

* The Government Decision No. 194/1999 on the declaration of the mining zone ªteiÐNucet, Bihor County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

278 279 Decision No. 194/1999

ANNEX No. 1 DECISION BIHOR COUNTY on the declaration of the mining

SATU MARE COUNTY Map of the mining zones in the zone BorodÐªuncuiuºÐDobreºtiÐVadu Bihor County, declared Òdeprived zoneÓ III Criºului, Bihor County, as deprived zone* National road County road Railroad Art. 1. Ñ The mining zone BorodÐªuncuiuºÐDobreºtiÐVadu Criºului, Bihor County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the

SÃLAJ COUNTY mining zone BorodÐªuncuiuºÐDobreºtiÐVadu Criºului, Bihor County, shall be represented by the localities Borod, ªuncuiuº, Dobreºti, and Vadu Criºului, as territorial-administrative units with an area of 38,675 ha, according to Annex No. 1. HUNGARY Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived

CLUJ COUNTY zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

Municipality county residence

Town Commune COUNTY

State frontier COUNTYARAD County limit ALBA

Demarcation limit of the deprived zone Commune limit

Territorial-administrative centres: * The Government Decision No. 195/1999 on the declaration of the Popeºti, Derna, Aleºd, Borod, Vadu Criºului, ªuncuiuº, Dobreºti, ªtei, Nucet mining zone BorodÐªuncuiuºÐDobreºtiÐVadu Criºului, Bihor County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

280 281 Decision No. 195/1999

ANNEX No. 1 DECISION BIHOR COUNTY on the declaration of the mining Map of the mining zones in the SATU MARE COUNTY zone PopeºtiÐDernaÐAleºd, Bihor Bihor County, declared Òdeprived zoneÓ II County, as deprived zone*

National road Art.1. Ñ The mining zone PopeºtiÐDernaÐAleºd, Bihor County road Railroad County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone PopeºtiÐDernaÐAleºd, Bihor County, shall be represented by the localities Popeºti, Derna, and Aleºd as SÃLAJ COUNTY territorial-administrative units with an area of 22,990 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten HUNGARY years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in

CLUJ COUNTY Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

Municipality county residence

Town Commune COUNTY

State frontier COUNTYARAD County limit ALBA

Demarcation limit of the deprived zone Commune limit

Territorial-administrative centres: Popeºti, Derna, Aleºd, Borod, Vadu Criºului, ªuncuiuº, Dobreºti, ªtei, Nucet * The Government Decision No. 196/1999 on the declaration of the mining zone PopeºtiÐDernaÐAleºd, Bihor County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

282 283 Decision No. 196/1999

ANNEX No. 1 DECISION BIHOR COUNTY on the declaration of the mining Map of the mining zones in the SATU MARE COUNTY zone Rusca Montanã, Caraº-Severin Bihor County, declared Òdeprived zoneÓ I County, as deprived zone*

National road Art. 1. Ñ The mining zone Rusca Montanã, Caraº-Severin County road Railroad County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Rusca Montanã, Caraº-Severin County, shall be represented by the commune Rusca Montanã, as territorial- SÃLAJ COUNTY administrative unit with an area of 15,437 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten HUNGARY years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in

Municipality county residence

Town ARAD COUNTY Commune COUNTY

State frontier County limit ALBA

Demarcation limit of the deprived zone Commune limit

Territorial-administrative centres: Popeºti, Derna, Aleºd, Borod, Vadu Criºului, ªuncuiuº, Dobreºti, ªtei, Nucet * The Government Decision No. 197/1999 on the declaration of the mining zone Rusca Montanã, Caraº-Severin County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

284 285 Decision No.197/1999

ANNEX No. 1 DECISION

CARAª-SEVERIN COUNTY on the declaration of the mining zone Bocºa, Caraº-Severin County, HUNEDOARA as deprived zone* COUNTY Art. 1. Ñ The mining zone Bocºa, Caraº-Severin County, TIMIª shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the COUNTY mining zone Bocºa, Caraº-Severin County, shall be represented by the localities Bocºa, Ocna de Fier, Dognecea, and Lupac, as territorial-administrative units with an area of 28,616 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in GORJ

COUNTY Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

YUGOSLAVIA

MEHEDINÞI COUNTY

* The Government Decision No. 198/1999 on the declaration of the mining zone Bocºa, Caraº-Severin County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

286 287 Decision No. 198/1999

ANNEX No. 1 DECISION on the declaration of the mining CARAª-SEVERIN COUNTY zone Moldova NouãÐAnina, CaraºÐSeverin County, as deprived HUNEDOARA

COUNTY zone* Art. 1. Ñ The mining zone Moldova NouãÐAnina, Caraº- TIMIª Severin County, shall be declared deprived zone. COUNTY Art. 2. Ñ The strictly delimited geographical area of the mining zone Moldova NouãÐAnina, Caraº-Severin County, shall be represented by the localities Moldova Nouã, Berzasca, Pescari, Sicheviþa, Cãrbunari, Sasca Montanã, Anina, Oraviþa, Ciudanoviþa. Bozovici, Prigor, Mehadia, as territorial-administrative units with an area of 192,618 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. GORJ Art. 4. Ñ During the period of existence of the deprived COUNTY zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

YUGOSLAVIA

MEHEDINÞI COUNTY

* The Government Decision No. 199/1999 on the declaration of the mining zone Moldova NouãÐAnina, Caraº-Severin County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

288 c. 19 289 Decision No. 199/1999

ANNEX No. 1 DECISION on the declaration of the mining CARAª-SEVERIN COUNTY zone Ip, Sãlaj County, as deprived zone* HUNEDOARA COUNTY Art. 1. Ñ The mining zone Ip, Sãlaj County, shall be declared deprived zone. TIMIª Art. 2. Ñ The strictly delimited geographical area of the mining zone Ip, Sãlaj County, shall be represented by the COUNTY localities Zãuan, Cosniciu de Jos, Cosniciu de Sus, Zãuan-Bãi, and Ip, components of the territorial-administrative unit Ip, with an area of 6,013 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in GORJ Annex No. 2.** COUNTY Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision. YUGOSLAVIA YUGOSLAVIA

MEHEDINÞI COUNTY

* The Government Decision No. 200/1999 on the declaration of the mining zone Ip, Sãlaj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

290 291 Decision No. 200/1999

DECISION on the declaration of the mining

ANNEX No. 1 ANNEX zone HidaÐSurducÐJibouÐBãlan, Sãlaj County, as deprived zone* Art. 1. Ñ The mining zone HidaÐSurducÐJibouÐBãlan, Sãlaj County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone HidaÐSurducÐJibouÐBãlan, Sãlaj County, shall be represented by the localities Hida, Surduc, Jibou, and Bãlan, as territorial-administrative units with an area of 35,578 ha, according to Annex No. 1. SÃLAJ COUNTY Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten

COUNTY years. Art. 4. Ñ During the period of existence of the deprived

MARAMUREª COUNTY CLUJ zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

SATU MARE COUNTY MARE SATU BIHOR COUNTY

* The Government Decision No. 201/1999 on the declaration of the mining zone HidaÐSurducÐJibouÐBãlan, Sãlaj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

292 293 Decision No. 201/1999

DECISION on the declaration of the mining

ANNEX No. 1 ANNEX zone SãrmãºagÐChieºdÐBobota, Sãlaj County, as deprived zone* Art. 1. Ñ The mining zone SãrmãºagÐChieºdÐBobota, Sãlaj County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone SãrmãºagÐChieºdÐBobota, Sãlaj County, shall be represented by the localities Sãrmãºag, Chieºd, and Bobota, as territorial-administrative units with an area of 17,528 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten

COUNTY years.

Art. 4. Ñ During the period of existence of the deprived CLUJ MARAMUREª COUNTY zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** SÃLAJ COUNTY Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

SATU MARE COUNTY MARE SATU BIHOR COUNTY

* The Government Decision No. 202/1999 on the declaration of the mining zone SãrmãºagÐChieºdÐBobota, Sãlaj County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

294 295 Decision No. 202/1999

DECISION on the declaration of the mining

ANNEX No. 1 ANNEX zone Baia Mare, Maramureº County, as deprived zone* Art. 1. Ñ The mining zone Baia Mare, Maramureº County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Baia Mare, Maramureº County, shall be represented by the localities Ciocârlãu, Tãuþii-Mãgherãuº, Baia Mare, Baia Sprie, Bãiuþ, Cavnic, and ªiºeºti, as territorial- administrative units with an area of 75,225 ha, according

to Annex No. 1. COUNTY Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years.

MARAMUREª COUNTY CLUJ Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex SÃLAJ COUNTY No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

SATU MARE COUNTY MARE SATU BIHOR COUNTY

* The Government Decision No. 203/1999 on the declaration of the mining zone Baia Mare, Maramureº County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

296 297 Decision No. 203/1999

DECISION

COUNTY SUCEAVA on the declaration of the mining

ANNEX No. 1 ANNEX zone BorºaÐViºeu, Maramureº County, as deprived zone* Art. 1. Ñ The mining zone BorºaÐViºeu, Maramureº County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone BorºaÐViºeu, Maramureº County, shall be represented by the localities Borºa and Viºeu de Sus, as territorial-administrative units with an area of 86,718 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten

BISTRIÞA-NÃSÃUD COUNTY BISTRIÞA-NÃSÃUD years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in

UKRAINE Annex No. 2.**

Art. 5. Ñ The domains of interest for the achievement of

COUNTY investments in the zone shall be those provided for in Annex CLUJ No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the

MARAMUREª COUNTY MARAMUREª present decision.

SÃLAJ COUNTY

* The Government Decision No. 204/1999 on the declaration of the SATU MARE COUNTY MARE SATU mining zone BorºaÐViºeu, Maramureº County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

298 299 Decision No. 204/1999

DECISION

SUCEAVA COUNTY SUCEAVA on the declaration of the mining

ANNEX No. 1 ANNEX zone Filipeºti, Prahova County, as deprived zone* Art. 1. Ñ The mining zone Filipeºti, Prahova County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Filipeºti, Prahova County, shall be represented by the localities Filipeºtii de Pãdure, Mãgureni, and Filipeºtii de Târg as territorial-administrative units with an area of 13,191 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided

for in Art. 1 shall be declared deprived zone shall be of ten BISTRIÞA-NÃSÃUD COUNTY BISTRIÞA-NÃSÃUD years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of UKRAINE

investments in the zone shall be those provided for in Annex

COUNTY CLUJ No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision. MARAMUREª COUNTY MARAMUREª

SÃLAJ COUNTY

* The Government Decision No. 205/1999 on the declaration of the

mining zone Filipeºti, Prahova County, as deprived zone was published SATU MARE COUNTY MARE SATU in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

300 301 Decision No. 205/1999

ANNEX No. 1 DECISION PRAHOVA COUNTY on the declaration of the mining zone Ceptura, Prahova County, The mining zone Filipeºti Scale 1:500,000 declared deprived zone as deprived zone*

BRAªOV COUNTY Art. 1. Ñ The mining zone Ceptura, Prahova County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Ceptura, Prahova County, shall be represented by the commune Ceptura, as territorial-administrative unit with an area of 4,705 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived BUZÃU COUNTY zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.***

Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the

COUNTY

N present decision. DÂMBOVIÞA

ILFOV COUNTY * The Government Decision No. 206/1999 on the declaration of the mining zone Ceptura, Prahova County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

302 303 Decision No. 206/1999

ANNEX No. 1 DECISION

PRAHOVA COUNTY on the declaration of the mining zone Comãneºti, Bacãu County, as The mining zone Ceptura Scale 1:500,000 declared deprived zone deprived zone* Art. 1. Ñ The mining zone Comãneºti, Bacãu County, shall BRAªOV COUNTY be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Comãneºti, Bacãu County, shall be represented by the localities Comãneºti, Dãrmãneºti, and Agãº, as territorial-administrative units with an area of 54,619 ha, according to Annex No. 1. BUZÃU COUNTY Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the

present decision. DÂMBOVIÞA COUNTY DÂMBOVIÞA

ILFOV COUNTY * The Government Decision No. 207/1999 on the declaration of the mining zone Comãneºti, Bacãu County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

304 c. 20 305 Decision No. 207/1999

DECISION on the declaration of the mining

ANNEX No. 1 ANNEX zone Bucovina, Suceava County, as deprived zone* Art. 1. Ñ The mining zone Bucovina, Suceava County, VASLUI COUNTY shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Bucovina, Suceava County, shall be represented by the localities Cacica, Gura Humorului, Ostra, Stulpicani, Frasin, Fundu Moldovei, Pojorâta, Breaza, Câmpulung Moldovenesc, Broºteni, Crucea, Panaci, ªaru Dornei, Iacobeni, Cârlibaba, Vatra Dornei, Dorna-Arini, and Poiana Stampei, as territorial-administrative units with an area of 327,051 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years.

VRANCEA COUNTY VRANCEA Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** BACÃU COUNTY BACÃU Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

COVASNA NEAMÞ COUNTY NEAMÞ COUNTY

HARGHITA COUNTY

* The Government Decision No. 208/1999 on the declaration of the mining zone Bucovina, Suceava County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

306 307 Decision No. 208/1999

DECISION on the declaration of the mining

ANNEX No. 1 ANNEX zone Baraolt, Covasna County,

as deprived zone* COUNTY IAªI Art. 1. Ñ The mining zone Baraolt, Covasna County, shall be declared deprived zone. Art. 2. Ñ The strictly delimited geographical area of the mining zone Baraolt, Covasna County, shall be represented BOTOªANI COUNTY by the locality Baraolt, as territorial-administrative unit with an area of 12,848 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years.

Art. 4. Ñ During the period of existence of the deprived NEAMÞ COUNTY NEAMÞ zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision. SUCEAVA COUNTY SUCEAVA HARGHITA COUNTY UKRAINE

MUREª

COUNTY BISTRIÞA-NÃSÃUD

COUNTY

COUNTY COUNTY MARAMUREª * The Government Decision No. 209/1999 on the declaration of the mining zone Baraolt, Covasna County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. ** Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

308 309 Decision No. 209/1999

ANNEX No. 1 DECISION on the declaration of the mining COVASNA COUNTY zone Altân Tepe, Tulcea County, as deprived zone* Art. 1. Ñ The mining zone Altân Tepe, Tulcea County, shall be declared deprived zone. HARGHITA COUNTY BACÃU COUNTY Art. 2. Ñ The strictly delimited geographical area of the mining zone Altân Tepe, Tulcea County, shall be represented by the commune Stejaru, as territorial-administrative unit with an area of 4,700 ha, according to Annex No. 1. Art. 3. Ñ The period for which the mining zone provided for in Art. 1 shall be declared deprived zone shall be of ten years. Art. 4. Ñ During the period of existence of the deprived zone, declared according to the provisions of the present decision, there shall be granted the facilities provided for in Annex No. 2.** Art. 5. Ñ The domains of interest for the achievement of BRAªOV COUNTY investments in the zone shall be those provided for in Annex No. 3.*** Art. 6. Ñ Annexes Nos 1Ñ3 shall be an integral part of the present decision.

VRANCEA COUNTY

County limit Municipality or town limit Commune limit Motor highway

Modernized main road Non-modernized main road Railroad

BUZÃU COUNTY

* The Government Decision No. 210/1999 on the declaration of the mining zone Altân Tepe, Tulcea County, as deprived zone was published in RomaniaÕs Official Gazette, Part I, No. 134/1 April 1999. **Annex No. 2 is reproduced at page 313. *** Annex No. 3 is reproduced at page 314.

310 311 Decision No. 210/1999 Deprived zone Altân Tepe

ANNEX No. 2

to the Government Decisions Nos 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210 of 25 March 1999

ANNEX No. 1 ANNEX SEA Trading companies with majority private registered capital, Romanian juristic persons, as well as private entrepreneurs or family associations,

authorized according to the Statutory Order No. 54/1990 on the organiz- BLACK ation and unfolding of economic activities on the basis of free initiative, having their head-office and unfolding their activity in the deprived zone, shall benefit, for the newly created investments, by the following facilities: a) exemption from the payment: Ñ of customs duties and of the value added tax for machinery, tools,

THE installations, equipment, means of transport, other amortizable goods that are imported with a view to performing investments in the zone; b) refund of customs duties for the imported raw materials, spare parts, and/or components necessary for achieving their own production in the zone; c) exemption from payment of the tax on profit for the duration of existence of the deprived zone; d) exemption from payment of taxes levied for the modification of the

TULCEA COUNTY TULCEA destination or for taking out of the agricultural lands of pieces of land destined for the implementation of the investment; e) granting, with priority, from the special development fund at the disposal of the Government Ñ constituted according to the Expeditious Government Ordinance No. 59/1997 on the destination of the amounts of money collected by the State Property Fund within the framework of the UKRAINE privatization process of the trading companies in which the state is the shareholder Ñ of certain amounts of money for: Ñ stimulation of the export activity of the finished products and/or industrial services, as the case may be; Ñ guarantee of external credits, within the limit of an annual ceiling established by the Ministry of Finance; CONSTANÞA COUNTY Ñ financing of special programmes, approved by decision of the Government; Ñ financing of the investment projects of the trading companies by co-participation of the state in the registered capital.

BRÃILA COUNTY

COUNTY GALAÞI

312 313 Decision No. 210/1999

ANNEX No. 3 to the Government Decisions Nos 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210 of 25 March 1999

DOMAINS of interest for the achievement of investments

1. Agriculture and zootechny 2. Production* 3. Services** 4. Trade*** 5. Environmental protection and rehabilitation of natural sites.

NOTE: Activities in the domain of production, services, and trade, which do not benefit by the facilities provided for in Annex No. 2 shall be: * manufacture of distilled alcoholic drinks and manufacture of ethyl alcohol by fermentation; ** public alimentation not included in an investment in tourism; *** marketing of products that are not made in activities performed in the zone.

314