Legislative news in August 2013

LEGISLATIVE NEWS IN AUGUST 2013

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

I. Order no. 543 from June 4th 2013 regarding the approval of the Guide pertaining to the main identified risks in the field of public procurement and the European Commission’s recommendations, which must be followed by the management authorities and the intermediary institutions within the process of verifying public procurement procedures

The act came into force on August 1st 2013.

Through Order no. 543/2013 the Guide pertaining to the main identified risks in the field of public procurement and the recommendations of the European Commission which must be followed by the management authorities and the intermediary institutions witihin the process of verifying public procurement procedures was adopted.

The aforementioned Guide sets out to treat the deficiencies identified within the application of public procurement legislation in the process of verifying procurement procedures that are financed from constitutional instruments in the following manner:

Regarding the unjustified decrease of terms, following the publication of a notification of intent, the decrease of deadline-terms for depositing offers, afferent to the open and restricted auction procedures, following forwarding a notification of intent to be published, shall be considered operable only in the situation in which all the qualification and selection criteria, as well as the criteria of assignment, also found in the notification of participation, are included in the content of the notification of intent.

Regarding the evaluation factors, they shall be specified in detail within the notification of intent, only if they are known at the time of forwarding the notification of intent.

The publication of a notification of intent shall not automatically lead to applying the decrease of the term set between the date the notification of participation is forwarded and the deadline for depositing the offers.

 

Only stating that the contracting authority has published in the notification of intent all the information known to it at the time of forwarding it to be published shall not be sufficient.

 

II. Ordinance no. 16 from July 30th 2013 regarding the modification and supplement of Law no. 571/2003 regarding the Fiscal Code and for regulating fiscal-budgetary issues

The act came into force on August 5th 2013.

Law no. 571/2003 regarding the Fiscal Code, as subsequently amended and republished, was modified and supplemented as follows:

Article 209, paragraphs (1) and (3) were modified and have the following content:

"Art. 209 (1) Excise tax payers for the products provided by art. 207 letters a)-c) and letters f)-k) are the operators that produce and purchase from Community territory or import such products.
(3) The operators that acquire the products provided by art. 207 from the Community territory have the obligation to register themselves with the competent authority, before receiving the products, in the terms provided by the methodological norms and to respect the following requirements:
a) to guarantee the payment of excises in the sums and conditions set by the methodological norms;
b) to keep records of the shipments of such products;
c) to present the products at the request of the control institutions.
d) to go along with any monitoring or verifying of stocks from the control institutions;
The authorized warehouse keepers and registered recipients that purchase the products provided by art. 207 letters d)-e) from the Community territory are not subjected to these requirements."

III. Ordinance no. 15 from July 24th 2013 regarding the regulation of fiscal-budgetary issues for sustaining the sums correspondent to the financial corrections applied for the deviations from conforming to the legislation in the field of public procurement for the Operational Sectoral Program Environment 2007-2013 from the State budget

The act came into force on August 10th 2013.

Ordinance no. 15/2013 shall be applied to beneficiaries of European funds, local public institutions, as defined by art. 2 paragraph (1) pt. 39 from Law no. 273/2006 regarding local public finance, as subsequently amended and republished, as well as regional operators, as defined by article 2 letter h) from the Law of Community services for public utilities no 51/2006, as subsequently republished, within the Operational Sectoral Program Environment 2007-2013, for the entire duration of the implementation of the Program.

The sums that result or will result from the established decreases in percentages, by applying the provisions of Government emergency Ordinance no 66/2011 shall be sustained from the State budget, through the budget of the Ministry of Environment and Climate Changes, from the distinct position mentioned prior, in the conditions provided by letters a)-c) from the present Ordinance.