Annex 4. List of relevant Laws and Regulations

Transcription

1 Annex 4. List of relevant Laws and Regulations Governmental Decision No. 404/2001 for the designation of the representatives of the Government in the National Board for Regional Development Emergency Ordinance No. 63/1999 regarding the management of the non-reimbursable funds allocated to Romania by the European Community and the co-financing funds, amended by Government Ordinance no.6/2002 The Government Decision no.1011/1999 for approval of the Memorandum of Understanding between Government of Romania and European Commission. Consequently, a National Fund was established, as a distinct body within Ministry of Finance, empowered to manage and to channel the E.C. funds in pre-accession period. The Ordinance no. 118/1999 on public procurement, repealed by Government Emergency Ordinance no.60/2001, which was approved with amendments by the Law no.212/2002 Ordinance 119/1999 on internal control and audit, approved with amendments by the Law no.301/2002 Law no.215/2001 regarding local public administration, completed by Government Emergency Ordinance no.74/2001 (approved with amendments by Law no.738/2001) and by Law no.216/2002 Ordinance No. 51/ for ratification of the Financing Memorandum on National Phare 2000 Programme Law no. 490/ regarding the industrial parks Government Emergency Ordinance no. 97/ for the modification and completion of the Law no. 143/1999 concerning State Aid Governmental Decision No. 656/ for the acceptance of the European Paper for SMEs The Law No. 301/ for the approval the ordinance no. 119/1999 concerning the internal audit and the preventive financial control Government Emergency Ordinance No. 64/ concerning the setting up, the organisation, the reorganization and functioning of some structures of the Government, the Ministries, specialized bodies of the central public administration and public institutions Government Decision No. 734/ concerning the organisation and functioning of the Ministry of European Integration The Government Decision no. 1624/2003 (Official Gazette no. 57/ ) regarding the organisation and functioning of the National Agency for Family Protection; The Government Decision no.1625/2003 (Official Gazette no. 68/ ) regarding the organisation and functioning of the National Agency for Environment Protection; The Regulation on organisation and functioning of the National Commission for Promoting the Employment (Official Gazette no. 174/ ) The Law no. 603/2003 (Official Gazette no. 930/ ) regarding the State Aid, amending and completing the Law no. 143/

2 The Law no. 386/2003 (Official Gazette no. 692/ ), amending and completing Art.41 of the Government Emergency Ordinance no. 60/2001 regarding Public Procurements. The main modifications refer to the tender s obligations and the rights of contracting parties. The Government Decision no. 1587/2003 (Official Gazette no. 20/ ) regarding The Application of the conciliation procedures for solving the disputes concerning Public Procurements The Law no.1/ (Official Gazette no. 162/ ), regarding the setting up, organisation and functioning of Paying and Intervention Agency for Agriculture, Food Industry and Rural Development. The Government Decision no.38/2004 (Official Gazette no. 65/ ) regarding the setting up, the organisation and functioning of the Transparency Committee For Monitoring The Community Funds. The Law no. 108/2004 (Official Gazette no. 336/ ), regarding the approval of the Government Emergency Ordinance no.45/2003, concerning local public finance; The Government Ordinance no. 37/2004 (Official Gazette no.91/ ), amending and completing the regulations regarding the Internal Audit; The Order of the Minister of Public Finance no.252/2004 regarding the approval of the Code concerning the ethical behaviour of internal auditors (Official Gazette no.128/ ); The Government Decision no. 285 (Official Gazette no. 236/ ) regarding the implementation of the National Action Plan for Equal Opportunities between Women and Men; The Government Decision no 272/2004 (Official Gazette no. 275/ ) - regarding the designation of the Ministry of Public Finance as Managing Authority for Community Support Framework and Managing Authority for Cohesion Fund; The Government Decision no 497/2004 (Official Gazette no. 346/ ) regarding the setting up of the institutional framework for coordination, implementation and management of Structural Instruments The Government Decision no. 588/2004 (Official Gazette no. 422/ ) regarding the approval of the National Action Plan for Employment G.D. no. 887/ (O.G. no. 536/ ) for modification of the Methodological Norms for application of the G.D. no. 129/2000 regarding adults vocational training, approved by G.D. no. 522/2003 Law no. 315/28 th of June 2004 (OG no. 577/29 th of June 2004) regarding regional development in Romania and its annex, published in OG no. 615/7 th of July 2004 Framework Law no. 339/12 th of July 2004 (OG no.668/26 th of July 2004) regarding decentralisation GD no. 1115/15 th of July 2004 (OG no. 694/2 nd of August 2004) regarding drawing up in partnership of the National Development Plan GD no. 1166/23 rd of July 2004 (OG no.699/3 rd of August 2004) that modifies GD no.1097/2001 regarding the establishment and functioning of the Inter-ministerial Committee for coordination the integration of environment protection field in national sectoral strategies and policies 2

3 GD no. 1200/29 th of July 2004 (OG no. 702/4 th of August 2004) for the establishment, organisation and functioning of the National Committee for coordination the preparation process for managing structural instruments GD no. 1179/29 th of July 2004 (OG no. 690/30 th of July 2004) that modifies and completes the GD no. 497/2004 regarding the establishment of the institutional framework for coordination, implementation and management of structural instruments GD no. 1256/5 th of August 2004 (OG no. 781/25 th of August 2004) that approves the framework regulation for organisation and functioning of the Regional Development Boards G.O. no. 76/ (O.G. no. 791/ ) for the modification and completion of the G.O. no. 129/2000 regarding the adults vocational training G.D. no. 1386/2004 (O.G. no. 834/ ) regarding the approval of the National Strategy for Employment Emergency Ordinance no. 111/16 th of November 2004 (OG no. 1115/27 th of November 2004) that modifies and complete Law no. 315/2004 regarding regional development in Romania GD no. 1470/2004 (OG no. 954/Oct 18, 2004) regarding approval of the National Strategy for Waste Management and National Plan for Waste Management Law no. 559/ (O.G. no. 1200/ ) for the modification and completion of the Law no. 132/1999 regarding establishment, organisation and functioning of the National Training Board Government Decision No. 399/2001 concerning industrial restructuring areas with economic growth potential to which Phare 2001 funds from Social and Economic Cohesion component and the Romanian co-financing from the State Budget, will be focused Government Decision No. 39/ concerning the organisation and functioning of the Ministry of European Integration, modifying GD No 734/ Government Decision No 779/1999 concerning occupational standards and certification council; Government Decision no.1317/2001, amending the GD 4/2001, enabling MoLSS as Managing Authority for the programmes financed under ESF; Government Decision no.1318/2001 provides that the National Agency for Employment will have the role of implementing and payment authority for the programmes to be financed from the European Social Fund; Government Ordinance No 129/ concerning adults vocational training system, contains regulations regarding quality promotion in the domain of adults vocational training, both in the public and the private area. The regulations also aim at authorizing vocational training providers, and at assessing and certifying adult vocational training; Law No 76/2002 regarding the unemployment insurance system and employment stimulation. Government Decision no 753/2003 setting up the organisation and functioning the National Agency for Small and Medium-sized Enterprises and Cooperatives Law no. 31/1990 republished, regarding the commercial companies Law no. 202/ 2002 regarding the gender equal opportunities 3

4 Relevant Legislation in the field of Technical and Vocational Education and Training GO no.855/ , regarding the establishment of the National Center for Development of Vocational and Technical Education Law no.132/ , regarding the organization and functioning of the National Council of the Continuing Training of Adults MONEO no. 4058/ , regarding the antreprenorial education in preuniversity education in MONEO no.4931/ , regarding the curriculum for the facultative subject matters for the continuation of studies from vocational schools to high schools MONEO no. 4932/ , regarding the functioning of the National Council for Approval of Textbooks MONEO no.4986/ , regarding the establishment of the National Distance and Open Education Centre MONEO no. 5021/ , regarding the initial and continuing training of teachers within the pre-university education system MONEO no. 5021/ , regarding the link between the educational system and the economic environment MONEO no. 5145/ , regarding the decentralization of the preuniversity education and the institutional autonomy of the school inspectorates, schools, and high schools MONEO no. 5157/ , and MMPS no.74/ regarding the approval of the certification system and of the methodologies for organising the final exams in vocational schools MOERO no.3007/ , regarding the financing of VET at the request of the economic agents and other institutions MOERO no. 3058/ , regarding the organization of the post-high schools in public and private institutions MOERO no. 3062/ , regarding the programmes for adult education through schools, high-schools and Teachers Houses MOERO no.3064/ , regarding the vocational guidance and counseling within the educational sytstem MOERO no. 3750/ , regarding the preparation of extending the compulsory schooling to 9 years MOERO no.4093/ , regarding the Reglementation of admission in vocational and apprenticeship schools for the school year MOERO no. 4277/ , regarding the vocational training through apprenticeship schools MOERO no.4312/ , regarding the education for quality in the pre-university system of education in Romania MOERO 4375/ , regarding the amplification of the programme COMPUTERS IN SCHOOLS AND HIGH-SCHOOLS MOERO 4447/ ,regarding the institutional autonomy of the pre-university school units MOERO no. 4923, 4922, 4920, 4924, 4981/2000, regarding the approval of the school curricula 4

5 MOERO 5363/ , regarding the approval of the subjects within the curricular area of Technologies and of the Methodology for registration of students for different specializations in grade XI and grade XII MOERO 3592/ , regarding the practical training required for Technical High Schools GD = Government Decision GO = Government Ordinance MONEO = Ministry of National Education Order MOERO= Ministry of Education and Research Order Development of Regional and Local Infrastructure, Environment infrastructure, SAMTID and Local Public Administration Law No. 71/1996 for the approval of the Special planning of the National Territory (SPNT) Section I Transport Infrastructure modified by the Rectification No. 71/1996 and promulgated by Decree No. 271/1996 Law No. 171/1997 for the approval of the Special planning of the National Territory (SPNT) Section II Water, promulgated by Decree No. 567/1997. Government Decision No 577/1997 for the approval of the Programme for pavement of communal roads, energy supply, water supply and telephone connections in rural villages, republished in OJ 294/1999 Law no. 215/2001 concerning the local public administration; Law no. 326/2001 regarding the Communal husbandry public services; Governmental Decision no. 1006/2001 concerning the approval of the Strategy concerning the acceleration of the public administration reform ; Law 213/1998 on Public ownership OUG 32/2002 on Organization and operation of the public services of water supply and sewerage Resolution 373/2002 Regarding the organisation and operation of the National Authority of Settlement for Public Services of Communal Husbandry NASPSCH Governmental Ordinance no 73/ 31 August 2002, regarding the organisation and functioning of the district heating services Government Ordinance 5 and 6 / 2003 reviewing billing and collecting systems and promoting new social aid policies. Governmental Decision no. 1626/2003 regarding setting-up, organization and functioning of the Regional Environmental Protection Agencies Governmental Decision no. 1625/2003 regarding setting-up, organization and functioning of the National Environmental Protection Agency Law no. 73/2000 regarding the National Environmental Fund, modified and completed by Emergency Ordinance no. 93/2001, and the Governmental Decision no. 1174/2001 for approval of the Organization and Functioning Regulation of the NEF Administration Law for Environmental Protection no.137/959 (OJ304/ ) 5

6 Environment acquis implemented through the programme: EU Directives Water sector Council Directive No 91/271/EEC concerning urban wastewater treatment Council Directive No 75/440/EEC concerning the quality required of surface water intended for the abstraction of drinking water in the Member States Council Directive No 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources Council Directive No 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (and the Daughter Directives) Transposing Romanian Legislation Governmental Decision No 188/2002 for the approval of the norms regarding the discharging of waste waters into the aquatic environment - (OJ 187/ ) Order of the Minister of Waters and Environmental Protection No 377/2001 on the approval of the reference objectives for the quality of surface waters Governmental Decision No 100/2002 for the approving of the quality standards for surface waters intended for the abstraction of drinking water and the Norms concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water - (OJ 130/ ) Order of the Minister of Waters and Environmental Protection No. 1146/2002 on the approval of the Norm regarding the reference objectives for the classification of the quality of the surface waters (OJ 197/ ). Order of the minister of waters and environment protection No 740/ on the approval of the composition of the Commission for enforcement of the Action Plan to protect waters against the pollution with nitrates from agriculture Joint Ministerial Order between MWEP and MAFF No 452/2001 and /2001 on the approval of the Regulation concerning the functioning and operating of the Commission and Supportive Group to enforce this plan - ( OJ 296/ ) The Order of the Ministry of Waters and Environmental Protection No.918/ for the approval of the Code of the good agricultural practices for the farmers use Governmental Decision No 118/2002 approving the Action Plan for reducing pollution of aquatic environment and ground waters caused by the discharge of certain dangerous substances (OJ 132/ ) Order of the Minister of Waters and Environmental Protection No. 35/2003 on the approval of the Measurement and Analysis Methods used in the determining of the prioritary dangerous substances from the discharged used waters and from the surfaced waters (OJ 305/ ) order issued for the implementation Order of the Minister of Agriculture, Forests, Waters and Environment No. 501/2003 on the approval of the Regulation for the drawing up of the initial inventory of the pollution sources of the aquatic environment and of the ground waters (OJ 591/ ) - order issued for the implementation Joint Order of the Minister of Waters and Environmental Protection and of the Minster of Health and Family 6

7 No. 1406/ /191/ (OJ 213/ ) for the approval of the assessment methodology of the risk and impact of the dangerous substances in the aquatic environment in case of accidental discharges Order of the Minister of Agriculture, Forests, Waters and Environment No. 370/2003 on the approval of the list containing the notified reference laboratories (to be published in the Official Journal of the Romania) Council Directive No 76/160/EEC concerning the quality of bathing water Council Directive No 78/659/EEC on the quality of fresh waters needing protection or improvement in order to support fish life Council Directive No 79/923/EEC on the quality required of shellfish waters Governmental Decision No 459/2002 for the approval of quality norms for waters in natural areas planned for bathing - (OJ 350/ ) Governmental Decision No 202/2002 approving the technical norms for the quality of surface waters needing protection or improvement in order to support fish life - (OJ 196/ ) Governmental Decision No 201/2002 approving the technical norms regarding the quality of waters for shellfish - (OJ 196/ ) Law No. 280/2003 (OJ 454/ ) on the approval of the Governmental Emergency Ordinance No. 202/2002 on the integrated management of the shore area (OJ 965/ ) Council Directive No 98/83/EC on the quality of water intended for human consumption Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances Law No 458/2002 on the quality of water intended for human consumption (OJ 552/ ) Order of the Minister of Waters and Environmental Protection No. 913/ regarding the approval of the framework content of the Water Management Plan on the hydrographic basin Order of the Minister of Waters and Environmental Protection No. 1125/ for the approval of the Committee for the Co-ordination and the Monitoring of the implementation of the Directive 2000/60/EC and of the other directives from the field of water order issued for the implementation of the directive Governmental Decision No 118/2002 approving the Action Plan for reducing pollution of aquatic environment and ground waters caused by the discharge of harmful substances (OJ 132/ ) Order of the Ministry of Waters and Environmental Protection No. 1049/ for the approval of the plan of measures for the elimination and reduction of the pollution risk of groundwaters order issued for the implementation Air sector 7

8 Council Directive No 96/62/EC on ambient air quality assessment and management; Council Directive No 99/30/EC relating to limit values for sulfur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air; Council Directive No 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air Directive 2002/3/EC relating to ozone in ambient air Law N o 655/2001 (OJ 773/ ) approving the Governmental Emergency Ordinance N o 243/2000 on atmosphere protection; The Order of The Minister of Waters and Environmental Protection No. 592/2002 on the approval of the Norm regarding the establishing of the limit values, of the thresholds values and of criteria and methods of assessment of sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter, (PM10 and PM2,5) lead, benzene, carbon monoxide and ozone in ambient air (OJ 765/ ) (partial transposition) The Order of the Minister of Waters and Environmental Protection No. 745/2002 establishing the agglomerations and the classification of the agglomerations and of the areas for the assessment of the air quality in Romania - (O.J. 739/ ) (partial transposition ) Governmental Emergency Ordinance No. 86/2003 (OJ 694/ ) on the modification and completion of the Law No. 73/2003 on the Environmental Fund European Parliament and Council Directive N o 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations. Governmental Decision No 568/ 2001 setting up the technical requirements for limiting the VOC emissions resulting from storing, loading, unloading and distribution of petrol from terminals to service stations - (OJ 348/ ) Order of the Minister of Waters and Environmental Protection N o 1103/2002 on the approval of methodological norms regarding the measurement and analyses of volatile organic compounds resulted from storage and distribution of petrol from terminals and service stations - (OJ 77/ ) Council Directive N o petrol and diesel fuels 98/70/EC relating to the quality of Order of the minister of industry and resources N o 337/2001 approving the Norms regarding the technical inspection of installations, equipment and devices used for reducing VOC emissions resulted from storing, loading, unloading and distribution of petrol from terminals and service stations - (OJ 10/ ) Governmental Decision No 732/2001 establishing the requirements for placing on the market of the petrol and diesel fuel - (OJ 461/ ) Governmental Decision No. 897/2003 (OJ 588/ ) for the modification and completion of the Governmental Decision No. 732/2001 establishing the requirements for placing on the market of the petrol and diesel fuel Council Decision N o 93/389/EEC for a monitoring mechanism of Community CO 2 and other greenhouse gas emissions, amended by Directive N o 99/296/EEC Council Directive No 97/68/EC on the approximation of the laws of the Member States relating to measures against the Law N o 3/2001 ratifying the Protocol to United Nations Framework Convention on Climate Change, adopted at Kyoto, in 11 December (OJ 81/ ) Governmental Decision No 743/ on the establishment of the type approval procedure for the internal combustion engines to be installed in non-road mobile machinery and establishment of measures for 8

9 emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Commission Directive 2001/63/EC adapting to technical progress Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Council Directive 93/12/EEC relating to the sulphur content of certain liquid fuels amended by Directive 99/32/EC reducing gaseous and pollutant particulate emissions from these engines - (O.J. 623/ ) Order of the Minister of the Industry and Resources No. 636/2002 on the designation of the technical service for the issuing of type approval for internal combustion engines to be installed in non-road mobile machinery (OJ 947/ ) Governmental Decision No. 142/2003 relating to the sulphur limit from liquid fuels (OJ 112/ ) Waste sector Framework Directive N o 75/442/EEC on Waste, amended by Council Directive N o 91/156/EEC Law No 426/2001( OJ 411/ ) for the approval of Governmental Emergency Ordinance No 78/2000 on waste regime Governmental Decision No. 123/2003 on the approval of the National Plan for the waste management stage national plan (OJ 113/ ) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste Directive N o 75/439/EEC on the disposal of waste oils, amended by Directive N o 87/101/EEC and Directive No 91/692/EEC Directive N o 91/157/EEC on batteries and accumulators containing certain dangerous substances and Directive N o 93/86/EC adapting to technical progress Council Directive N o 91/157/EEC on batteries and accumulators containing certain dangerous substances Law No 426/2001( OJ 411/ ) for the approval of Governmental Emergency Ordinance No 78/2000 on waste regime Governmental Decision No 662/2001 on waste oils management (OJ 446/ ) Governmental Decision 441/2002 (OJ 325/ ) on the completion and modification of the Governmental Decision No. 662/2001 on waste oils management (OJ 446/ ) Governmental Decision No. 1159/2003 (OJ 715/ ) on the modification of the Governmental Decision No. 662/2001 on waste oils management (OJ 446/ ) Governmental Decision No 1057/2001 on batteries and accumulators containing certain dangerous substances - (OJ 700/ ) 9

10 Council Directive No 99/31/EC on the landfill of waste Governmental Decision No 162/2002 on the landfill of waste - (OJ 164/ ) Order of the Minister of Waters and Environmental Protection No. 867/2002 on the defining of the criteria which must be fulfilled by waste in order to be found on the specific list of a landfill and the national list of accepted waste in every class of waste landfill (OJ 848/ ) Order of the Ministry of Waters and Environmental Protection No. 1147/2002 on the approval of the Technical Norm regarding the landfill of waste the building, the exploitation, the monitoring and the closing up of the landfill of waste (OJ 150/ ) Council Directive No 2000/76/EC on the incineration of waste Governmental Decision No 128/2002 on the incineration of waste - (OJ 160/ ) Order of the Minister of Waters and Environmental Protection No. 1215/2003 for the approval of the Norm on incineration of waste (OJ 150/ ) Council Directive No 94/62/EC on packaging and packaging waste Governmental Decision No 349/2002 (OJ 269/ ) on packaging and waste packaging - (OJ 269/ ) Order of the Minister of Waters and Environmental Protection No. 1190/2002 on the reporting procedure of the data referring to packaging and packaging waste (OJ 2/ Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community Order of the Minister of Waters and Environmental Protection No. 279/2002 on the setting of the Technical Secretariat for the management and the control of the designated compounds within the Waste and Dangerous Chemical Substances Management Directorate - (OJ 459/ ) Governmental Decision 856/2002 on the evidence of the waste management and for the approval of the list of waste including hazardous waste (OJ 659/ ) Governmental Decision No. 1357/2002 for the establishing of the public authorities responsible with the control and the supervision of the import, export and shipment of waste (OJ 893/ ) 10

11 Nature Protection Council Regulation No 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein, and subsequent amendments; Council Directive No 83/129/EEC concerning the importation into Member States of skins of certain seal pups and products derived there from; Council Regulation No 348/81/EEC on common rules for imports of whales or other cetacean products; Council Regulation no 3254/91/EEC prohibiting the use of leg holds traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leg hold traps or trapping methods which do not meet international humane trapping standards Council Directive No 92/43/EEC on the conservation of natural habitats and of wild fauna and flora Council Directive No 79/409/EEC on the conservation of wild birds Order No 647/2001 for the approval of the authorization procedure for the cropping, seizing, and/or acquisition and trading on the domestic market and export/import of the plants and animals from the wild flora and fauna, clarifying some procedural aspects concerning the trading activity with CITES wild species (endangered) and not endangered - (OJ 416/ ) Order of Minister of Waters and Environmental Protection No 117/2003 (OJ 326/ ) for the modification of the Annex No. 12 at the Authorization Procedure of the activities of harvesting, seizing, and/or acquisition and trading on the domestic market of the plants and animals from the wild flora and fauna as well as their import, approved through the Order No 647/ Law No 462/2001 for the approval of Emergency Government Ordinance No 236/2000 on the status of natural protected area, natural habitats and species of wild flora and fauna conservation - (OJ 433/ ) Order of Minister of Waters and Environmental Protection No 647/2001 for the harvesting, seizing, and/or acquisition and trading on the domestic market and export/import of the plants and animals from the wild flora and fauna - (OJ 416/ ) Order of Minister of Waters and Environmental Protection No 117/2003 (OJ 326/ ) for the modification of the Annex No. 12 at the Authorization Procedure of the activities of harvesting, seizing, and/or acquisition and trading on the domestic market of the plants and animals from the wild flora and fauna as well as their import, approved through the Order No 647/