Legislative news in July 2013

LEGISLATIVE NEWS IN JULY 2013

During July 2013, a number of important legal regulations were published in the Official Gazette of Romania, Part I, such as:

I. Law no. 193/2013 regarding the approval of the Government Emergecy Ordinance no. 77/2012 for modifying and completing Government Emergency Ordinance no. 34/2006 regarding the assignment of public procurement contracts, public development concession contracts and service cocession contracts

The act came into force on July 1st 2013.

Regarding the direct procurement of products, services or developments, article 19 of the Government emergency ordinance was modified, by replacing the limit of the equivalent in RON of 15.000 Euro for every procurement of products, services or works, with a limit of an equivalent in RON of 30.000 Euro, excluding VAT, for every procurement of products or services and, respectively, a limit of an equivalent in RON of 100.000 Euro, excluding VAT, for every procurement of developments.
Regarding the selection and qualification of candidates/bidders, as well as presenting the adamant engagement of the person who supports the candidate/bidder, article 186 was modified by removing the condition of concluding the respective engagement in the form of an authentic document, through which the person who supports the candidate/bidder confirms the fact that they shall put the necessary financial resources at the disposal of the bidder/candidate.
Also, according to the newly provided articles 1931 and 1961, the certification of following the standards regarding insurance of quality and environment protection, respectively, can not be the subject of the support granted by another person.
Regarding the notion of an offer that presents a price that appears to be unusually low compared to what is about to be given, executed and provided, article 202 paragraph (1), as modified, defines it as the offer in which the offered price, excluding VAT, represents less than 80% of the estimated value of the respective agreement.
Also, through the newly provided article 2881, the parties shall be able to convene that any dispute arising from the execution of the agreements regulated by G.E.O. 34/2006 can be solved through arbitration.

II. Law no. 214/2013 for the approval of Government Emergency Ordinance no. 4/2013 regarding the alteration of Law no. 76/2012 for the implementation of Law no. 134/2010 regarding the Civil procedure code, as well as for the alteration and supplement of other connected legal regulations

The act came into force on July 1st 2013.

Article III was modified and has the following contents:
"Art. III. – The provisions of article 13 paragraph (3) from Law no. 193/2000 regarding unfair clauses from agreements concluded between businessmen and consumers, as subsequently amended and republished, shall be applied in trials started during February 15th 2013 – September 30th 2013.”

After article VI, a new article was introduced, art. VI1, having the following contents:
“Art. VI1. – Law no. 192/2006 regarding mediation and the organization of the mediator profession, published in The Official Gazette of Romania, Part I, no. 441 from May 22nd 2006, as subsequently amended and republished, shall be supplemented as follows:
In article 2, after paragraph (12), two new paragraphs were provided, paragraphs (13) and (14), having the following contents:
(13) The procedure of informing on the advantages of mediation may be performed by a judge, district attorney, legal adviser, lawyer, notary, in which case it shall be certified in writing.
(14) The services provided in compliance with the provisions of paragraphs (1) and (11) are free of charge, thereby being impossible to collect fees, taxes or any other amounts, regardless of the deed through which they are requested.”

In article 59, after paragraph (2), a new paragraph was provided, paragraph (3), having the following contents:
(3) The act concluded by a public notary in accordance with paragraph (1) and article 58 paragraphs (4) and (41), through which the mediation agreement is authenticated, is enforceable.

III. Law no. 202/2013 for modifying and supplementing Law no. 158/2008 regarding misleading publicity and comparative publicity

The act came into force on July 6th 2013.

Law no. 158/2008 regarding misleading publicity and comparative publicity, published in The Official Gazette of Romania, Part I, no. 559 from July 24th 2008 was modified and supplemented as follows:

In article 3, letter h) was introduced, having the following contents:

"h) consumer – such as it is defined by article 2 point 2 from Government Ordinance no. 21/1992 regarding consumer protection, as subsequently amended and republished.”

Article 18 was modified and has the following contents:
Art. 18 – (1) The right of businessmen to become aware of the facts provided by articles 4 and 6 is prescribed in 3 months from when the persons, associations or organizations that have a legitimate interest, in accordance with the provisions of the current law, are aware of the publicity notice, but no longer than 6 months from the date of its appearance.
(2) The consumers’ right to become aware of the facts provided by article 6 are prescribed according to article 13 from Government Emergency Ordinance no. 2/2001, as approved with supplements and changes, through Law no. 180/2002, as subsequently amended and republished.”