Progress achieved in preparing the accession to the European Union

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Progress achieved in preparing the accession to the European Union
GOVERNMENT OF ROMANIA
Progress achieved
in preparing the accession
to the European Union
1 May 2006 – 14 July 2006
- July 2006 -
CONTENTS
1. INTRODUCTION .............................................................................................................................. 9
2. ACCESSION CRITERIA................................................................................................................... 9
2.1. POLITICAL CRITERIA ............................................................................................................... 9
2.1.1. Democracy and the Rule of Law........................................................................................ 9
2.2.2. Human Rights and Protection of Minorities ...................................................................... 23
2.2. ECONOMIC CRITERIA............................................................................................................ 40
2.2.1. Macroeconomic Developments ......................................................................................... 40
2.2.2. Assessment based on the Copenhagen Criteria .............................................................. 48
2.3. COMMITMENTS AND REQUIREMENTS RESULTED FROM THE ACCESSION
NEGOTIATION ............................................................................................................................... 59
2.3.1. Chapter 1 - Free Movement of Goods............................................................................... 59
2.3.2. Chapter 2 – Free Movement of Persons ........................................................................... 61
2.3.3. Chapter 3 - Free Movement of Services............................................................................ 61
2.3.4. Chapter 4 – Free Movement of Capital ............................................................................. 66
2.3.5. Chapter 5 - Company Law ................................................................................................ 67
2.3.6. Chapter 6 - Competition Policy.......................................................................................... 69
2.3.7. Chapter 7 - Agriculture ...................................................................................................... 73
2.3.8. Chapter 8 - Fisheries ........................................................................................................ 88
2.3.9. Chapter 10 – Taxation ...................................................................................................... 88
2.3.10. Chapter 13 - Social Policy and Employment ................................................................... 94
2.3.11. Chapter 18 - Education, Training and Youth ................................................................. 106
2.3.12. Chapter 20 - Culture and Audiovisual Policy ................................................................. 106
2.3.13. Chapter 21 - Regional Policy and the Coordination of Structural Instruments ............... 107
2.3.14. Chapter 22 - Environment ............................................................................................. 126
2.3.15. Chapter 24 – Cooperation in the Field of Justice and Home Affairs .............................. 137
2.3.16. Chapter 28 - Financial Control ...................................................................................... 160
2.3.17. Others - Translation of the acquis ................................................................................. 161
ANNEXES..................................................................................................................................... 162
2
ABBREVIATION LIST
ABBREVIATION
ROMANIAN
ENGLISH
ADR
Agentia de Dezvoltare Regionala
Regional Development Agency
AE
Acordul European
Europe Agreement
AM
Autoritate / Autoritati de Management
Management Authority
AMCSC
Autoritatea de Management pentru Management
Authority
for
Cadrul de Sprijin Comunitar
Community Support Framework
AMPOSDRU
Autoritatea de Management pentru Management Authority for Sectoral
Programul Operational Sectorial pentru Operational Programme for Human
Dezvoltarea Resurselor Umane
Resources Development
AMPOSDCA
Autoritatea de Management pentru Management Authority for Sectoral
Programul Operational Sectorial pentru Operational
Programme
for
Dezvoltarea Capacitatii Administrative
Administrative
Capacity
Development
ANA
Agentia Nationala Antidrog
ANAF
Agentia
Fiscala
ANCPI
Agentia Nationala pentru Cadastru si National Agency for Cadastre and
Publicitate Imobiliara
Land Registration
AND
Administratia Nationala a Drumurilor
ANFP
Agentia
Publici
ANIMMC
Agentia Nationala pentru Intreprinderi National Agency for Small and
Mici si Mijlocii si Cooperatie
Medium Sized Enterprises and
Cooperatives
ANOFM
Agentia Nationala de Ocupare a Fortei National Agency for Employment
de Munca
ANP
Administratia
Penitenciarelor
ANPA
Agentia Nationala pentru Pescuit si National Agency for Fisheries and
Acvacultura
Aquaculture
ANPDC
Autoritatea Nationala pentru Protectia National Authority for Protection of
Drepturilor Copilului
Child Rights
ANPH
Autoritatea Nationala pentru Persoane National Authority for Persons with
cu Handicap
Handicap
ANPM
Agentia Nationala pentru Protectia National Agency for Environment
Mediului
Protection
ANR
Agentia Nationala pentru Romi
ANRGN
Autoritatea Nationala de Reglementare National Authority for Natural Gas
in domeniul Gazelor Naturale
Regulation
ANRMAP
Autoritatea
Nationala
pentru National Regulatory and Monitoring
Reglementarea
si
Monitorizarea Authority in the field of Public
Achizitiilor Publice
Procurement
Nationala
Nationala
de
a
National Antidrug Agency
Administrare National
Agency
Administration
of
Tax
National Road Administration
Functionarilor National Agency for Civil Servants
Nationala
3
a National
Administration
Penitenciary
National Agency for Roma
ABBREVIATION
ROMANIAN
ENGLISH
ANRP
Autoritatea
Nationala
Restituirea Proprietatilor
pentru National Authority
Restitution
ANRSC
Autoritatea Nationala de Reglementare National Authority for the Reulation
a Serviciilor Comunale
of the Public Utilities
ANSVSA
Agentia Nationala Sanitara Veterinara National
Sanitary
Veterinary
si pentru Siguranta Alimentelor
Agency and Food Safety
ANV
Autoritatea Nationala a Vamilor
APDRP
Agentia de Plati pentru Dezvoltare Paying
Agency
for
Rurala si Pescuit
Development and Fisheries
APIA
Agentia de Plati si Interventie in Paying and Intervention Agency for
Agricultura
Agriculture
APM
Agentia de Protectia Mediului
ARBDD
Administratia Rezervatiei Biosferei “ Administration
of
Biosphere
Delta Dunarii”
Reserve “Danube Delta”
ARIS
Agentia
Straine
Romana
ARPM
Agentia
Mediului
Regionala
ASG
Agentia
pentru
Guvernamentale
AVAS
Autoritatea
pentru
Activelor Statului
BAAR
Biroul Asiguratorilor de Autovehicule Romanian Motor Insurers Bureau
din Romania
BCCO
Brigada de
Organizate
BCR
Banca Comerciala Romana
Romanian Commercial Bank
BEI
Banca Europeana de Investitii
European Investment Bank
BERD
Banca
Europeana
Reconstructie si Dezvoltare
BM
Banca Mondiala
World Bank
BNR
Banca Nationala a Romaniei
National Bank of Romania
CASPIS
Comisia Anti-Saracie si Promovarea Anti-Poverty and Promoting Social
Incluziunii Sociale
Inclusion Commission
CC
Consiliul Concurentei
Competition Council
CCR
Curtea de Conturi a Romaniei
Romanian Court of Accounts
CES
Consiliul Economic si Social
Economic and Social Council
CNCD
Consiliul National pentru Combaterea National Council for Combating
Discriminarii
Discrimination
CNP
Comisia Nationala de Prognoza
CNPAS
Casa Nationala de Pensii si Alte National House of Pensions and
Drepturi de Asigurari Sociale
Other Social Insurance Rights
pentru
Property
National Customs Authority
Rural
Environmental Protection Agency
Investitii Romanian Agency
Investments
de
for
for
Foreign
Protectia Regional Environmental Protection
Agency
Strategii Agency
Strategies
for
Governmental
Valorificarea Authority for State Assets Recovery
Combatere
4
a
Crimei Brigade for Combating Organised
Crime
pentru European Bank for Reconstruction
and Development
National Commission for Prognosis
ABBREVIATION
ROMANIAN
ENGLISH
Drepturi de Asigurari Sociale
Other Social Insurance Rights
CNSC
Consiliul National de Solutionare a National Council for Solving Legal
Contestatiilor
Disputes
CPECA
Centrul de Prevenire, Evaluare si Antidrug Prevention, Assessment
Consiliere Antidrog
and Counselling Centre
CPM
Cancelaria Primului Ministru
CSA
Comisia
de
Asigurarilor
CSC
Cadrul de Sprijin Comunitar
Community Support Framework
CSM
Consiliul Superior al Magistraturii
Superior Council of Magistracy
DACL
Departamentul de
Cotelor de Lapte
DGA
Directia Generala Anticoruptie
DGASPC
Directia Generala de Asistenta Sociala General Directorate for Social
si Protectia Copilului
Assistance and Child Protection
DGCCO
Directia Generala de Combatere a General Directorate for Combating
Crimei Organizate
Organised Crime
DGPA
Directia Generala
Anticoruptie
DGPMB
Directia Generala a Politiei Municipiului General Directorate of Bucharest
Bucuresti
Municipial Police
DIF
Directia de Investigare a Fraudelor
Directorate for Fraud Investigations
DIC
Directia de Investigatii Criminale
Directorate
Investigations
DIICOT
Directia de Investigare a Infractiunilor General
Directorate
for
de Crima Organizata si Terorism
Investigation of Organised Crime
and Terorism
DLAF
Departamentul de Lupta Antifrauda
Anti-Fraud Department
DNA
Directia Nationala Anticoruptie
National Anticorruption Directorate
DPF
Directia Politiei de Frontiera
Border Police Directorate
DPOP
Directia Politiei de Ordine Publica
Police Directorate for Public Order
DRI
Departamentul pentru Relatii Inter- Department
etnice
Relations
DSOI
Directia de Supravegheri Operative si Directorate
for
Operative
Investigatii
Surveillance and Investigations
FEDER
Fondul European
Regionala
FC
Fondul de Coeziune
Cohesion Fund
FMI
Fondul Monetar Internaţional
International Monetary Fund
FS
Fonduri Structurale
Structural Funds
FSE
Fondul Social European
European Social Fund
Prime Minister’s Chancellery
Supraveghere
Administrare
de
Protectie
de
5
a Insurance Supervisory Commission
a Milk
Quota
Department
Administration
General Anticoruption Directorate
si General Directorate for Protection
and Anticoruption
for
Criminal
for
Dezvoltare European Fund
Development
Inter-ethnic
for
Regional
ABBREVIATION
ROMANIAN
ENGLISH
GF
Garda Financiara
Financial Guard
GIRMIFS
Grupul Interministerial Roman pentru Romanian Interministerial Group for
Managementul Integrat al Frontierei de Integrated
State
Border
Stat
Management
GNM
Garda Nationala de Mediu
IACS
Sistemul Integrat de Administrare si Integrated
Administration
Control
Control System
ICCJ
Inalta Curte de Casatie si Justitie
ICIM
Institutul National de Cercetare- National
Research-Development
Dezvoltare pentru Protectia Mediului
Institute
for
Environmental
Protection
IGJR
Inspectoratul General al Jandarmeriei General Inspectorate of Romanian
Romane
Gendarmerie
IGPF
Inspectoratul General al Politiei de General Inspectorate
Frontiera
Police
IGPR
Inspectoratul
Romane
IJPF
Inspectoratul Judetean al Politiei de County Border Police Inspectorate
Frontiera
IJPR
Inspectoratul
Romane
IMM
Intreprinderi Mici si Mijlocii
Small
and
Enterprises
INA
Institutul National de Andministratie
National Institute of Administration
INM
Institutul National al Magistraturii
National Institute for Magistracy
INS
Institutul National de Statistica
National Institute for Statistics
MAE
Ministerul Afacerilor Externe
Ministry of Foreign Affairs
MAI
Ministerul Administratiei si Internelor
Ministry
Interior
MAPDR
Ministerul Agriculturii,
Dezvoltarii Rurale
MApN
Ministerul Apararii Nationale
Ministry of National Defence
MEC
Ministerul Economiei si Comertului
Ministry
of
Commerce
MEdC
Ministerul Educatiei si Cercetarii
Ministry of Education and Research
MFP
Ministerul Finantelor Publice
Ministry of Public Finance
MIE
Ministerul Integrarii Europene
Ministry of European Integration
MJ
Ministerul Justitiei
Ministry of Justice
MMGA
Ministerul
Apelor
MMSSF
Ministerul Muncii, Solidaritatii Sociale Ministry of Labour, Social Solidarity
si Familiei
and Family
General
al
Judetean
Mediului
National Environment Guard
al
High Court of Casation and Justice
of
Border
Politiei General Inspectorate of Romanian
Police
Politiei County Inspectorate of Romanian
Police
Padurilor
si
and
of
Medium
sized
Administration
and
si Ministry of Agriculture, Forests and
Rural Development
Economy
and
Gospodaririi Ministry of Environment and Water
Management
6
ABBREVIATION
ROMANIAN
ENGLISH
si Familiei
and Family
MS
Ministerul Sanatatii
Ministry of Health
MTCT
Ministerul
Transporturilor, Ministry of Transports, Construction
Constructiilor si Turismului
and Tourism
NSFR
Cadrul National Strategic de Referinta
National
Strategic
Framework
OI
Organism Intermediar
Intermediary Body
OMAI
Ordinul Ministrului Administratiei si Order
of
the
Minister
Internelor
Administration and Interior
OMEdC
Ordinul
Ministrului
Cercetarii
OMFP
Ordinul Ministrului Finantelor Publice
OMMGA
Ordinul
Ministrului
Gospodaririi Apelor
OMS
Ordinul Ministrului Sanatatii
OMTCT
Ordinul Ministrului Transporturilor, Order of the Minister of Transport,
Constructiilor si Turismului
Construction and Tourism
ONPCSB
Oficiul National pentru Prevenirea si National Office for Prevention and
Controlul Spalarii Banilor
Control of Money Laundering
ORA
Oficiul Roman pentru Adoptii
ORDA
Oficiul Roman pentru Drepturile de Romanian Copyright Office
Autor
OSIM
Oficiul de Stat pentru Inventii si Marci
State Office for Inventions and
Trademarks
PAS
Planul de Actiune Schengen
Schengen Action Plan
PEP
Programul Economic de Preaderare
Pre-Accession Economic Program
PICCJ
Parchetul de pe langa Inalta Curte de Prosecutor’s Office attach to High
Casatie si Justitie
Court of Casation and Justice
PIF
Punct de Inspectie la Frontiera
PNAinc
Planul
National
Anti-Saracie
Promovare a Incluziunii Sociale
PND
Planul National de Dezvoltare
National Development Plan
PO
Program Operational
Operational Programme
POR
Program Operational Regional
Regional Operational Programme
POS
Program Operational Sectorial
Sectoral Operational Programme
PPP
Parteneriat Public Privat
Public Private Partnership
PTF
Punct de trecere a frontierei
Border crossing point
RENAR
Asociatia de Acreditare din Romania
Romanian
Association
Educatiei
Mediului
7
Reference
of
si Order of the Minister of Education
and Research
Order of the Minister of Public
Finances
si Order
of
the
MinistER
of
Environment
and
Water
Management
Order of the Minister of Health
Romanian Office for Adoptions
Border Inspection Posts
si National Anti-Poverty for Social
Inclusion Promotion Plan
Accreditation
ABBREVIATION
ROMANIAN
ENGLISH
SGG
Secretariatul General al Guvernului
SISF
Sistemul Integrat de Securizare a Integrated
Frontierei
Security
SNG
Scoala Nationala de Grefieri
SNIIA
Sistemul National de Identificare si National
System
for
the
Inregistrare a Animalelor
Identification and Registration of
Animals
SPF
Sector al Politiei de Frontiera
UCAI
Unitatea Centrala
Informatiilor
UCRAP
Unitatea Centrala pentru
Administratiei Publice
UPP
Unitatea de Politici Publice
de
System
of
for
the
Border
National School for Clerks
Border Police Sector
Analiza
8
General
Secretariat
Government
a Central
Analysis
Unit
for
Reforma Central
Unit
for
Administration Reform
Public Policy Unit
Intelligence
Public
1. INTRODUCTION
Following the European Commission’s Monitoring Report on 16th May 2006 and taking into
account the need to submit to the European Commission the latest progress recorded by
Romania, the document „Progress achieved in preparing the accession to the European
Union 1st May 2006 – 14 July 2006” provides the most important evolutions in the process of
Romania’s preparation for accession. The document focuses on the aspects that raise
serious concerns (red flag) as well as on those issues for which increased efforts are needed
(yellow flag).
2. ACCESSION CRITERIA
2.1. POLITICAL CRITERIA
2.1.1. Democracy and the Rule of Law
The Parliament
Law no. 96/2006 (OJ no. 380/03.05.2006) on the Statute of deputies and senators entered
into force on 6 May 2006. The law contains provisions with regard to the nature of the term of
office, its validation, the incompatibilities, the parliamentary immunity, the senators and
deputies’ rights and obligations, the exercise of the mandate at the level of the constituency,
the disciplinary regime applicable to the parliamentarians.
In view of strengthening the administrative capacity of the Senate for the post-accession
period, the Senate adopted decision no. 20/22.06.2006 for the setting up of the European
Affairs Directorate, subordinated to the Secretary General.
At the level of the Chamber of the Deputies, a draft decision was elaborated for the
modification and completion of the Regulation of the Chamber of Deputies allowing the
parliamentary committees, on the basis of the information included in the impact studies
drawn up by the ministries, to assess the costs, as well as the economic and social benefits
when adopting a draft law, as well as to highlight the difficulties that could arise during
implementation of the future legal act.
At the same time, in order to increase the transparency of the legislative process, a draft
Decision was elaborated aiming at completing and amending the Chamber of Deputies
Regulation. This draft decision proposes that a contact person is designated by each of the
standing committees, with the responsibility of ensuring the liaison with the civil society, as
well as of reporting through the documents of the committees (syntheses, minutes, reports)
about the way in which consultation and participation of the civil society were ensured in their
activity. The draft decision also includes the elaboration of an inventory of civil society
organizations interested in the activity of the parliamentary committees, which is to be
published on the website of the Chamber of Deputies. It also contains the proposal for
extending the competences of the Office for public information and relations with the civil
society within the Directorate for communication, press and public relations, so that this office
would function as a liaison structure between the Chamber of Deputies and the civil society.
The Executive
During 1 May – 27 June 2006, the Government exercised its right of legislative initiative by
sending a number of 70 draft laws to the Parliament; so far, since the beginning of the year,
the Government adopted and sent to the Parliament 204 draft laws.
The number of emergency ordinances decreased significantly during the reference period.
Thus, during the reporting timeframe 20 emergency ordinances were adopted, as compared
to 41 emergency ordinances during the same period of 2005. The large majority of the
9
emergency ordinances were adopted in order to fulfil Romania’s EU accession commitments
according to the conditions and deadlines agreed within the negotiation process, as well as
in order to urgently respond to the situation created by the avian flu.
With regard to the parliamentary control over the Executive, the senators and deputies
addressed to the Government 1252 questions and interpellations (328 coming from senators
and 630 from deputies). They referred to all the fields of common interest, the sectoral
strategies or the policies of Government, of ministries or central public administration
authorities, as well as to specific problems, of local interest. The Government also elaborated
and communicated to the Parliament 116 opinions on parliamentary legislative proposals
(105 from the Senate and 11 from the Chamber of Deputies).
Also in the reference period, the Parliament submitted and debated 3 simple motions (2 from
the Senate and 1 from the Chamber of Deputies) and 1 motion of censure. The three simple
motions concerned, respectively, the avian flu, the sanitary reform and the education.
Following the presentation of arguments from the Government, all three motions were
rejected. The motion of censure concerned specific aspects from the Government’s activity in
the following areas: economic, financial, health, social protection. The motion was debated
and rejected in the common meeting of the two Chambers, on 28 June 2006.
During 1 May – 14 July 2006, the Government of Romania continued to develop actions
aimed at reforming the public administration. In the field of civil service reform, Law no.
251/2006 (OJ no. 574/04.07.2006) was adopted, on the modification and completion of Law
no. 188/1999 regarding the Civil Servants Statute, republished, with its subsequent
modifications. The law introduces several improvements with regard to the civil service
management framework, especially in what concerns the career of the civil servants. The law
transposes the decentralization principle in the civil service, making a clear distinction
between the general regime of the legal relations of the state civil servants and the regime of
these relations between the civil servants and the local public administration, introducing
different rules regarding the organization of the contests for occupying the vacant public
positions, as well as new ways for approving the national Manpower Plan of public positions.
The legal provisions regarding the civil servants’ mobility were improved, by clarification of
certain aspects regarding the modification of working relations and by introducing
mechanisms for protecting the civil servants against the influence of corruption generating
factors.
In order to elaborate a unitary pay system for the civil servants, the National Agency of Civil
Servants (ANFP) benefited from two technical programs, financed by the World Bank. The
program “Consulting services for a private/public survey in the Romanian civil service” was
finalized on 10 May 2006, by elaboration of a comparative study regarding the salary in
private/public sectors. The program “Consulting services for designing a sustainable unitary
pay system” is currently ongoing. The tender procedure was finalized at the end of April
2006, the consulting company started its activity in the first week of May 2006 and on 30 May
2006 the first Steering Committee meeting took place.
Regarding the methodology and the criteria for the evaluation of positions, ANFP organized
two working meetings during the reporting period on the application of methodology, as well
as on the stage of implementation of the methodology. Until now the job evaluation was
finalized within the National Agency for Fiscal Administration (ANAF) and for the other
institutions approx. 50% of the positions have been evaluated.
ANFP also monitors and controls the implementation of the legislation on the public function
and civil servants. Thus, during 1 May – 25 June 2006, 205 notifications were registered at
the disciplinary commission, out of which 37 regarding leading civil servants and 168
regarding execution civil servants. Following the investigations, 51 sanctions were applied,
out of which 9 for leading civil servants. Of all the sanctions, 43 were written sanctions, 6
salary decreases, 1 suspension of promotion rights and 1 transfer to an inferior public
function. In this context, 115 misconducts regarded Law no. 7/2004 on the Code of conduct
of the civil servants, and the remaining 90 were misconducts in terms of Law no. 161/2003.
10
With regard to the decentralization process, the Framework-Law on decentralization no.
195/2006 (OJ no. 453/25.05.2006) was adopted. The draft Law on local public finance was
adopted by the Senate on 4 May 2006, and by the Chamber of Deputies on 20 June 2006;
the draft was promulgated by the President and is to be published in the Official Journal. The
draft Law on amending and completing the Law no. 215/2001 on local public administration
was adopted on 28 March 2006 by the Chamber of Deputies and by the Senate on 29 June
2006, the law was promulgated and is to be published in the Official Journal. The drafting of
the methodological norms for implementing the framework law on decentralization no.
195/25.05.2006 was initiated. Also, as subsequent legislation to the framework Law no.
51/8.03.2006 (OJ no. 254/21.03.2006) concerning public utilities community services, the
following acts were adopted:
-
Law no. 230/07.05.2006 (OJ no. 517/15.06.2006) on public lightening service;
-
Law no. 101/25.04.2006 (OJ no. 393/08.06.2006) on localities sanitation service;
-
Law no. 241/22.06.2006 (OJ no. 563/29.06.2006) on water supply and sewerage service;
-
Law no. 245/22.06.2006 (OJ no. 556/27.06.2006) concerning the regulated local
transport services for persons.
The four laws provides that the public lightening, sanitation, water supply, sewerage and
local transport services are decentralised public services, under the local public authorities’
exclusive competence. The laws unitarily defines technical terms those services are
operating with and the principles which stand for the base for these services. The authorities
responsible for regulating and authorizing these services are also stated.
With regard to the Multi-annual Modernization Programs (MMP), on the basis of the Reports
requested from the Ministries, Prefect’s Institutions and County Councils, examples of best
practices will be summarized in order to constitute the basis of new modernization initiatives
within the local and central administration. The new Guide for the elaboration and
implementation of MMP were completed by 15 July, and are to be distributed to the central
and local public administration institutions.
MAI, through the Central Unit for Public Administration Reform (UCRAP) is continuing the
reform process initiated in March 2006 by implementing the instrument for the selfassessment of the functioning of public institutions (CAF) within the local public authorities.
CAF delivers a set of unitary criteria regarding all the fields of activity within the public
institutions, for ensuring the possibility of comparison among similar institutions (introduction
of the benchmarking system) in order to encourage the best practices. 11 out of the 28 public
institutions expressing their will to implement this instrument have already benefited from the
UCRAP’s support to implement in a proper manner the CAF. The results obtained from the
self-assessment process are the basis for elaboration of a new strategy at the level of each
particular institution and of an action plan based on concrete elements, in the fields, which
the most require intervention. According to the planning realized by the CAF team within
UCRAP, after receiving formal notices from the interested public institutions, 16 institutions
will implement the self-assessment instrument and will draft Action Plans to be monitored
both by the institutions themselves and by UCRAP.
In the area of public policies, “The Strategy for improving the public policy planning and
formulation system at central level” was adopted through a Government Decision on 28 June
2006. A Handbook for impact assessment is currently under elaboration at the Public Policy
Unit (UPP) level. The handbook will represent an instrument for the ministries within the
public policy formulation process, for well substantiation of public policy decisions.
During May 2006, 4 seminars were organised with representatives from all line ministries,
where several methods and techniques were presented for the ex-ante impact assessment
of the public policies. The working group established at the moment of the adoption of the
Strategy for improving the public policy planning and formulation system at central level will
elaborate the necessary legal adjustments regarding the mandatory assessment of the legal
acts impact. In the field of strategic planning, UPP elaborated the first version of the
11
Methodology for drafting strategic plans of the institutions. This first version was presented to
the line ministries representatives during June 2006.
The Judiciary
In order to improve the infrastructure of courts and prosecutors’ offices the manual of
standards for courts’ premises was finalized in May 2006. This manual will be mandatory for
all new courts to be built.
The World Bank agreement for the 110 million EUR granted mainly for courts’ rehabilitation
was ratified by the Parliament on 23 May 2006 (Law no. 205/2006, OJ no. 454/25.05.2006)
and entered into force on 26 May 2006. The technical solutions for the 25 buildings that are
to be renovated/consolidated/built are being analysed at this moment. It is expected that all
25 premises have the blueprints finalized until the end of 2006, compliant with the standards
set out in the manual on courts’ premises. In parallel, the selection procedures for the civil
works will be initiated, so that the construction works on the top priority buildings (those
seriously damaged, as well as those for which the blueprints were finalized) and the buildings
that will need a longer period for finalization start in the spring of 2007. The multi-annual
procurement calendar will be finalized in September 2006.
The rehabilitation works for the Palace of Justice and for the future premises of the
Bucharest Tribunal continued and are scheduled to be finalized in August 2006. The transfer
of the Bucharest courts in the new premises will follow shortly.
For the completion of the process for the computerization of the judiciary, apart from
the 13,300 computers and other additional IT equipment for all courts and prosecutors’
offices, purchased in January 2006 and delivered in March 2006, further 4,449 computers
and other IT equipment for the courts, prosecutors’ offices, MJ and other institutions within
the judiciary will be purchased through the Phare 2004 project which is currently in the
contracting phase. These will be mainly used for the judges/prosecutors/clerks who will be
employed in the near future.
The setting up of a secured wide area network (WAN) to connect the entire judiciary (courts,
prosecutors’ offices, CSM and subordinated units, the Ministry of Justice, etc), approved by
Government Decision in October 2005, was finalized. Thus, all courts and 193 prosecutors’
offices were connected to the network by 1 July 2006. The rest of 15 prosecutors’ offices are
to be connected by 1 October 2006 (out of these, 8 prosecutors’ offices will be connected to
WAN before 1 August, 6 before 1 September and 1 before 1 October).
The local area network (LAN)1 is finalized in 110 courts and 210 prosecutors’ offices.
Currently, the process of connecting the other courts and prosecutors’ offices within the local
area networks is ongoing. To this end, MJ made available the necessary funds for all courts,
in May 2006.
An updated version of the Case Management System (ECRIS) was finalized, an application,
which allows the posting of public interest information and court, files’ abstracts on the courts’
web portal (http://portal.just.ro). This version also includes a “Registry” application, which
was finalized in the 1st quarter of 2006 and registers all administrative documents connected
to the activity of the courts. A training seminar for the courts’ IT specialists using the updated
version of ECRIS was organized during the same period. Currently, the ECRIS system is
installed in 135 courts and 38 prosecutors’ offices.
A software application for insolvency cases, including a case management module, modules
for practitioners’ use, as well as the function to issue reports, was finalized in April 2006,
through a Phare 2002 programme.
3 video-conference equipments, including a voice distortion device to be used for hearing the
undercover witnesses, are already installed in three courts of appeal, with the financial
1
Internal network necessary in each court and prosecutor’ office to connect all personnel to the
Judiciary network and Internet. LAN is also the support for ECRIS.
12
support of the United States Justice Department. The PHARE 2004 and 2005 programmes
include further procurement of video-conference equipment for courts. A feasibility study on
the best unitary system for recording court sessions and criminal hearings countrywide
(including technical specifications and cost assessment) is currently ongoing, with the
participation of American experts and financed through an agreement with the United States
Trade and Development Agency. The conclusions of the study will form the basis for the
future procurement of audio-video recording equipment.
The law on the organisation of the judiciary, as amended in 2005, provided that all court
hearings are to be recorded starting 1 July 2006. This deadline was postponed for 1 January
2007 (EGO no. 50/2006, OJ no. 566/30.06.2006). This measure was rendered necessary by
the extensive activities for the assessment of the necessary equipment and the procurement
procedures (i.e. the agreement with the US Trade and Development Agency).
A more developed ECRIS application will be finalized through the Phare 2004 programme,
which is currently in the contracting phase. This version will also include a module for judicial
statistics, centralizing all statistical data from the courts and prosecutors’ offices, and will
allow for the tracking of all data on a file through all procedural stages (from the criminal
investigation phase to the enforcement of the court decision).
Continuous training sessions for 200 IT specialists from courts started in June 2006 and are
scheduled until March 2007.
A unitary electronic files’ archive system for the entire judiciary, with separate records for files
pending before courts, files in the criminal prosecution phase and penitentiary files will be
developed starting 2007. The first stage of this project, consisting of the electronic files’
archive for the National Trade Register Office was already finalized in the 1st quarter of
2006.
A unique integrated IT system, with a web portal infrastructure, including all existing IT
systems within the MJ, the Public Ministry, the High Court of Cassation and Justice (ICCJ)
and the subordinated units, is to be set up during 2006 – 2009, with World Bank financial
support. Projects on human resources management, financial resources management, the
management of training and application of budgetary procedures, programmes’
management, the management of public relations etc will be implemented using this portal.
Other further projects will be developed starting 2007 on the following matters: setting up an
electronic system for hearing detainees, setting up electronic information desks at the level of
each court, extending and improving the IT system with the records of all detainees, setting
up an IT system for the management of human resources at the level of penitentiaries,
interconnecting the IT system for the judiciary with other IT systems from the public
administration, both at national and European level.
In the area of random distribution of cases, the last report drafted by the CSM following
the verifications carried out by the judicial inspectors on the functioning of the random
distribution of cases was approved by the CSM Plenum on 1 June 2006, distributed to courts
and
published
on
the
Superior
Council
of
Magistracy
website
(http://www.csm1909.ro/csm/linkuri/15_06_2006__4763_ro.doc). The report showed that the
random distribution system is fully operational countrywide and the deficiencies encountered
were minor, related either to some human errors due to the insufficient knowledge on the
functioning of the system or to some technical flaws of the IT application used. All these
deficiencies are being addressed by organizing intense training sessions on IT matters and
by extending the ECRIS system to all courts countrywide, as shown also in the section above
referring to the computerization of the judiciary.
CSM is working on the establishment of complexity degrees for cases, on each level of
jurisdiction and category of court, based on monitoring cases within 18 pilot courts. These
will be used in order to balance the workload of judges, so that the random distribution of
cases will not generate significant discrepancies in workload between judges. Also, the
complexity degrees for cases will improve the human resources management, as the
13
personnel schemes for each court will be rearranged, according to the optimum workload
scheme of each judge. The preliminary results of the measurements carried out in the first
stage between March and April 2006 were included in a report drafted on 25 May 2006,
published
on
the
Superior
Council
of
Magistracy
website
(http://www.csm1909.ro/csm/linkuri/16_06_2006__4811_ro.doc). The average time for
solving a case, as well as the annual workload scheme of a judge for each of the main
matters of law were established on levels of jurisdiction. The second stage of the
measurements upon the cases registered to the 18 pilot courts between 3 May 2006 and 31
December 2006 is ongoing. The final results will be available by the end of 2006.
Efforts for filling in the vacant positions within the judiciary continued. The number of
vacancies decreased to 346 vacant judge positions (186 execution positions and 160 leading
positions), out of the total of 4,469 judges and 567 vacant prosecutor positions (388
execution positions and 179 leading positions), out of the total of 2,784. As far as the
prosecutor vacancies are concerned, a redistribution of positions within the Public Ministry is
foreseen, in order to make better use of the available human resources, in accordance with
the conclusions of the assessment performed on the prosecutors’ offices’ activity (see below,
the section on management of courts and prosecutors’ offices).
21 prosecutor positions in prosecutors’ offices attached to courts of first instance were filled
in2, following a contest organized on 21 May 2006. 157 National Institute of Magistracy (INM)
students (104 judges and 53 prosecutors) graduated in July 20063.
A promotion exam was organized on 4 June 2006, for filling in the following vacant positions:
104 judge positions at tribunals and courts of appeal and 94 prosecutor positions at the
prosecutors’ offices attached to tribunals, courts of appeal and ICCJ. In order to swiftly fill in
the future vacancies and ensure continuous activity at higher level courts/prosecutors’
offices, other 100 judge positions in tribunals, 73 in courts of appeal, as well as 65 prosecutor
positions in prosecutors’ offices attached to tribunals, 31 in those attached to courts of
appeal and 10 at the Prosecutor’s Office attach to the High Court of Cassation and Justice
(PICCJ) were open for the same competition. The results are pending.
CSM established the methodology of appointing the judges/prosecutors members of the
examination commissions for promotion contests. Thus, the potential members of the
examination commissions are elected, with their consent, by the leading boards. CSM set up
a data base, comprising the potential members of the examination commissions, for whom
INM initiated the organization of training courses.
120 students of the National School for Clerks (SNG) graduated on 30 June 2006 and were
distributed to courts and prosecutors’ offices. The 200 additional clerk positions approved by
GD no. 25/2006 (OJ no. 40/17.01.2006) were distributed to courts, by 2 orders of the Minister
of Justice, with prior approval of the CSM4.
A further contest for filling in judge and prosecutor positions within the courts of first instance
and the prosecutors’ offices attached to these is scheduled in December 2006. 180 places
within the INM will be open for competition at the beginning of September 2006 and 119 INM
students (83 judges and 36 prosecutors) will graduate in 2007.
In the area of management of courts and prosecutors’ offices, the MJ performed an
assessment on the prosecutors’ offices activity, starting from the report issued by the Public
Ministry in May 2006. The full analysis was submitted to Parliament on 15 June 2006 for
debates
and
is
available
on
the
Ministry
of
Justice
website
(http://www.just.ro//files/diverse/MP%20Evaluare%20activitate.doc). The main conclusions of
the analysis showed that there are flaws in the human resources management within the
2
These figures were considered when calculating the current vacancies.
These figures were considered when calculating the current vacancies.
4
20 clerk positions were already distributed by Order of the Minister of Justice no. 1302/C/29.05.2006
and the other 180 are soon to be distributed (the Order of the Minister of Justice was drafted and is
currently pending to be signed).
3
14
Public Ministry. Thus, there are prosecutors’ offices where the number of prosecutors is high
and the workload is low5, while in others the individual workload of prosecutors is very high6.
Also, less than half of the prosecutors within the prosecutors’ offices attached to courts of
appeal work in the operative field, while the rest draw up studies and various analyses. It is
therefore necessary to rethink the structure of the Public Ministry, in order to reshuffle the
positions and correlate them with the workload (based on level of jurisdiction and
geographical criteria) and reduce the non-operative positions. Furthermore, professional
training and specialization may be improved and allocation of budgetary resources needs
further improvement. Based on the above-mentioned assessment, the recommendation is to
reform the management of the Public Ministry, in order to improve coordination of
prosecutors’ offices activity, as well as the human resources and financial management
policies.
A contest for filling in 158 leading positions in courts and 47 leading positions in prosecutors’
offices was organized by the CSM between 10 June and 2 July 2006. The results are
pending.
The INM developed a training programme on managerial skills for the judges and
prosecutors with leading positions, comprising 9 seminars organized in 3 INM training
regional centres. Up to present, 7 seminars took place and the other 2 are ongoing. Training
the trainers sessions for 40 economic managers of courts and prosecutors’ offices are
scheduled for July – August 2006.
The CSM approved, on 21 June 2006, a list of tasks which may be transferred from judges to
clerks and decided to deploy a pilot project in 7 courts, by setting up functional teams formed
of 1 judge and 2 clerks, who will supervise the management of the file from the registration
phase to the rendering of the judgment.
Special provisions were included in the law on the organisation of the judiciary (EGO no.
50/2006, OJ no. 566/30.06.2006), according to which, for very small courts (with less than 3
judges), the tasks of the leading boards will be performed by the court presidents, in order to
address the problems encountered in practice when the leading boards could not be set up
due to the insufficient number of judges.
Amendments to the Criminal Code and Criminal Procedure Code were adopted by the
Parliament on 6 June 2006.
The amendments to the Criminal Code mainly provide for criminal liability of legal persons,
de-penalizing the insult and calumny and other crimes infringing freedom of expression and
reinforcing the principle of non-discrimination (Law no. 278/2006, OJ no. 601/12.07.2006).
The provisions on criminal liability of legal persons ensure full compliance with the UN
Convention against Corruption. Criminal liability of legal persons may be triggered for any
criminal offence and does not exclude criminal liability of the natural persons involved in the
perpetration of the offence. The main sanction provided for legal persons is the fine. Other
six complementary sanctions are introduced: dissolution; suspension of the activity from 3
months to 1 year or suspension from 3 months to 3 years of one of the activities related to
the offence committed; the ban on the participation to public procurement procedures for a
period from 1 to 3 years; shutting down certain local offices from 3 months to 3 years;
publishing or disseminating the judgment rendering the conviction decision.
The amendments improve the framework related to the freedom of expression. Thus, the
free exercise of the right to opinion without fear of (penal) punishment is fostered, by
eliminating the crimes of insult and calumny. The provisions in force create an obvious
disproportion between the purpose of defending a person from any potential damage caused
5
E.g. prosecutors’ offices attached to courts of appeal, where, there are 42.7 cases solved on average
and 1.73 indictments/prosecutor/year.
6
E.g. prosecutors’ offices attached to courts of first instance, where, there are 428 cases solved on
average and 50.9 indictments/prosecutor/year.
15
by the exercise of the right to freedom of expression and the enforcement of a criminal
penalty. The crimes of communication of false information and defamation of the country and
nation are also eliminated. The crime of actions against the constitutional order propaganda
in favour of a totalitarian state will be incriminated only if expressed against the principles of
pluralism and rule of law and if it poses a real danger to the democratic state.
The criminal penalties for the offences of outrage and abusive conduct were correlated, in
order to ensure an equal treatment and to apply the same sanctions for the offences
committed by civil servants and for those committed against them. For the same reasons, the
amendments provide that the criminal offence of outrage be no longer punished more
severely when committed against magistrates, police officers, gendarmes or militaries. Also,
a new aggravating circumstance was provided for the offence of aggravated murder, when
the offence is committed by a magistrate, police officer, gendarme or military, in addition to
that regarding murder committed against the above mentioned officials.
The amendments provide also additional measures against discriminatory treatment. Thus,
the criminal penalty is more severe when the criminal offence is committed on grounds of
race, nationality, ethnic origin, language, religion, gender, sexual orientation, opinion, political
preference, convictions, wealth, social origin, age, disability, chronic contagious disease or
HIV/AIDS infection. Moreover, a new criminal offence of instigation to discriminatory
treatment was included in the Criminal Code.
Amendments also incriminates the conflict of interests in order to establish criminal sanctions
for the civil servants who are deliberately attaining their personal interests when exercising
the public office.
Regarding the enforcement of imprisonment penalties, the amendments provide substantial
changes concerning the general rules applicable to the enforcement of imprisonment
penalties. Also, the amendments embrace an approach focused more on educational
measures rather than repressive ones. Furthermore, 4 detention regimes are established:
maximum security, closed, semi-open and open. These detention regimes are based on a
progressive system and the detainees may pass from one regime to another, depending on
their behaviour during detention. The amendments provide the detainee’s right to
remunerated work, performing a useful activity, only with his/her consent and not as an
obligation. Changes regarding the conditions for the suspension of penalty enforcement were
envisaged, in order to better individualize the enforcement and to focus on social reintegration of detainees.
Another amendment to the Criminal Code refers to the de-penalization of adultery and
vagrancy, which no longer correspond to the current socio-economic realities.
The amendments to the Criminal Procedure Code, aim at shortening and speeding up the
criminal procedures and putting in accordance with ECHR’s jurisprudence. According to the
amendments, the possibility of the court to return the case to the prosecutors for further
investigations is restricted to cases where breaches of procedure exist that make the acts of
the prosecutor null and void.
Direct actions before the courts were eliminated and are to be filtered first by the prosecutors’
offices (direct actions were allowed by the previous provisions, for “small” criminal offences
(e.g. physical injury, threat etc), in such cases, the defendant filed the criminal complaint
directly to the court). As these applied to minor offences, the courts are thus relieved of quite
numerous cases where parties may at any rate reach an amiable settlement.
The courts of appeal are given the power to file appeals in the interest of the law to the High
Court of Cassation and Justice in criminal matters. This follows the same pattern as the Civil
Procedure Code and represents an important tool in unifying the jurisprudence. The grounds
for challenging the judges were limited and the grounds for relocation of cases were reduced.
The amendments institute the procedure for hearing the injured party and the civil party
through technical means, in order to ensure protection for the victims of serious crimes
(trafficking in human beings, trafficking in human organs, terrorism, criminal offences
16
committed with violence etc), when the life, physical integrity or liberty of the injured or civil
parties or of their relatives might be endangered.
The number of situations in which pre-trial detention can be ordered were reduced, according
to the provisions of Article 5 of the European Convention for the Protection of Human Rights
and Fundamental Freedoms (i.e. the pre-trial detention cannot be ordered any longer when
the identity or domicile of the accused are not known or in case of flagrante delicti or when
the accused was previously convicted for other crimes).
The content of the search warrant is established. Moreover, the amendments institute the
obligation of using only once a search warrant.
The interception/recording for a maximum of 48 hours (increase from the previous 24 h,
justified by practical experience, in accordance to other EU Member States criminal
procedural rules) may be ordered by the prosecutor only in emergency situations, by a
written and motivated ordinance, when “any delay in obtaining the authorization from the
judge could seriously infringe the criminal prosecuting procedure”. At the end of the
interception or taping the prosecutor is compelled to present to the judge for approval the
taping and the evidences on which the state of emergency, as well as the necessity of
intercepting or taping were grounded. If the judge does not confirm the prosecutor’s
ordinance, the tapings are destroyed and consequently, can never be use as evidence.
Moreover, the interception and the taping may be authorized by the judge or the prosecutor
only for a series of criminal offences of a high danger degree. These provisions are in line
with the ECHR jurisprudence (i.e. Valensuela Contreras v. Spain, 1998). In addition these
measures were recommended during the 2006 peer review missions on corruption and
organized crime.
Further safeguards for the impartiality of the judge and prosecutor are introduced: they
cannot be relatives of the parties’ attorneys or representatives; the incompatibility of judges
and prosecutors extends also to the in-laws of the parties (the previous provisions referred
only to “blood” relatives).
The measure of placing the person under mandatory medical treatment/mandatory
hospitalisation is further circumstantiated, to safeguard the rights of the person in question. A
delegated judge from the competent court must verify periodically, not later than every 6
months, whether the measure should be maintained and make proposals accordingly to the
court. The person in question is also given the right to ask for a medical examination
performed by a specialist of his/her choice. The court is under the obligation to verify – based
on a medical expertise report or on the conclusions of a doctor chosen by the person in
question, upon request – whether the measure should be maintained. Also, provisions are
included to ensure celerity of the trial.
The entry into force of the Criminal Code adopted in 2004 was delayed until 1 September
2008 (EGO no. 50/2006, OJ no. 566/30.06.2006) by a Government Emergency Ordinance
adopted on 28 June 2006. The various shortcomings and gaps of the 2004 Criminal Code
rendered impossible its entry into force7. The text of the 2004 Criminal Code adopted by the
Parliament was modified after its publishing in the Official Journal, by some amendments,
which, although called “material errors”, altered, in fact, the substance of the text. For
example, the penalties for some offences turned from “imprisonment of maximum 3 years”
7
The entry into force of the 2004 Criminal Code was initially postponed until September 1, 2006.
This decision was founded on the findings of the Commission set up within the Ministry of Justice
following requests from courts and prosecutors’ offices claiming various shortcomings in 2004 code.
Further on, the Commission continued to identify more problems/wrongs which could occur during the
enforcement of the 2004 Code and reached the conclusion that they could not be solved by simply
amending the 2004 code, but a process of reconsideration of many of the criminal institutions and
instruments was needed. Also, the Commission deemed necessary to study criminal codes of EU
member states. For all these reasons, the activity of elaborating a new draft of a new Criminal Code
has begun and is currently ongoing.
17
into “imprisonment or strict imprisonment of maximum 3 years”; or, the additional penalty for
relapse turned from “10 years” into “up to 10 years”. The recent amendments of the Criminal
Code currently in force, adopted by the Parliament in June 2006, are taken over in the draft
of the new Criminal Code. There will be no further modifications operated on these issues,
this fact ensuring legislative continuity.
Regarding the alternative dispute settlement mechanisms, the law on mediation was
adopted by Parliament in May 2006 (Law no. 192/2006, OJ no. 441/22.05.2006) and is
expected to help relieve the courts of litigation, which can be solved by this alternative
dispute resolution system. The procedures for setting up the Mediation Council are ongoing.
The list of organizations which, according to the law on mediation, may take part in the
appointment of the Mediation Council members was established and published on the MJ
website. Also, a commission was set up to establish the detailed conditions for appointing the
members of the first Mediation Council.
A presentation of the new mediation procedure was drafted by the MJ and will shortly be
posted on the MJ website, in July 2006. MJ negotiated an agreement with the UK
Government to print and distribute, during the courts’ vacation, of an orientation guide on
mediation to all courts countrywide. The content of the orientation guide was drafted.
In the area of unification of jurisprudence, MJ made available to all INM trainers a
compendium of decisions rendered by the High Court of Cassation and Justice in appeals in
the interest of the law in civil matters (for the period between 1995 and 2005) and in criminal
matters (for the period between 2001 and 2005). The compendium was published on the MJ
website
(http://www.just.ro/rtrv_mc.php?param=recursuri_02062006).
The
Romanian
Ministry of Justice and the UK Government entered an agreement according to which British
judges will hold a series of lectures in September 2006, on the relation between the
independence of judges and the observance of the judicial precedent.
The 2nd issue of the 2006 quarterly ICCJ Cassation Digest was published and is distributed to
courts. 26,316 full text ICCJ decisions, 1,772 summarized ICCJ decisions and 32 decisions
rendered in appeals in the interest of the law were published on the ICCJ website at the end
of May 2006.
The leaflets comprising relevant jurisprudence for the 4th quarter of 2005 and the 1st quarter
of 2006 were drafted by the courts of appeal and distributed to other courts. These were also
published on the courts’ web-portal. The CSM is currently drafting a jurisprudence digest,
comprising relevant case law of courts countrywide.
7 appeals in the interest of the law were filed to the ICCJ between 1 May and the end of June
2006. 9 appeals in the interest of the law were solved during the same reference period.
Regarding the CSM inspection, Superior Council of Magistracy approved on 17 May 2006
the
following
guides,
which
were
published
on
the
CSM
website
(http://www.csm1909.ro/csm/index.php?cmd=01): a guide comprising criteria for carrying out
inspections, a guide concerning the carrying out of preliminary investigations, an orientation
guide for persons who want to notify the CSM inspection and a guide for persons who want
to notify the disciplinary commissions.
Regarding the administrative capacity, 6 inspector positions (2 for judges and 4 for
prosecutors) were filled in following the new procedure approved by the CSM in March 2006.
Currently, 32 positions are filled in, out of the total 50 positions within the CSM inspection
body. A compendium of decisions rendered by the CSM in defending the independence,
impartiality and reputation of judges and prosecutors was published in June 2006. A seminar
on investigation techniques and procedures in case of magistrates’ alleged misconduct was
organized between 8 and 9 June 2006.
The Disciplinary Commission for judges had 68 notifications, out of which 54 were dismissed
between 1 January and 30 June 2006. Within the same period, the Disciplinary Commission
for prosecutors had 55 notifications, out of which 39 were dismissed. The CSM Disciplinary
Commissions exerted 11 disciplinary actions out of which 5 were solved by decisions of the
18
Section for judges/prosecutors and 6 pending cases at CSM. Out of 5 solved cases, CSM
rendered the following solutions: 4 decisions admitting the disciplinary action and sanctioning
the magistrates. The sanctions applied were the following: warning (2 cases), reducing the
remuneration with 15% for a period of one month and reducing the remuneration with 15%
for a period of three months. 1 decision consisted in rejecting the disciplinary action.
An amendment to the law on the organisation of the judiciary was introduced (EGO no.
50/2006, OJ no. 566/30.06.2006) providing for compulsory suspending a judge or prosecutor
by a decision of the CSM following the opening of the criminal action against that magistrate
or establishing the removal from office as disciplinary sanction, even if the CSM decision is
challenged in court. The previous regulation provided that the appeal against such a decision
had a suspensory effect, i.e. once challenging the CSM disciplinary decision, this could not
be enforced and the judge/prosecutor remained active until a final decision of the review
court upholding the CSM decision.
In the area of training of judiciary staff, 27 seminars (for approximately 25
judges/prosecutors each), were organized between 1 May and 30 June 2006, on the
following topics: justice for minors, banking law, labour law, competition law, unifying the
jurisprudence, human rights, court management, fight against discrimination, ethics and
deontology, EC law. Also, 7 seminars (for approximately 25 judges/prosecutors each) for
persons, who entered magistracy following open competitions, were organized by the INM
between 1 May and 30 June 2006.
The decentralized training programme – at courts of appeal and prosecutors’ offices attached
to them – started to be implemented. From the data centralized by the INM till 28 June 2006,
17 seminars were organized by the courts of appeal and 18 by the prosecutors’ offices
attached thereto.
11 seminars for training the trainers (for a total of 68 trainers) were organized by the INM
between 1 May and 30 June 2006, on judicial co-operation, fight against cyber crime and
English language skills. The English courses (2 seminars so far) were organized within the
co-operation programme with CEELI Institute Prague initiated in 2005, for the improvement
of foreign languages abilities of Romanian judges and prosecutors. The same programme
aims at setting up an on-line portal for Legal English, a DVD and a manual (also for learning
English language).
2 training seminars were organized in the reference period, for the members of the
Romanian Judicial Networks in the field of judicial international co-operation (1 seminar on
criminal matters and 1 seminar on civil and commercial matters). The INM was accepted as
observer to the European Judicial Training Network, since December 2005. Romanian
judges and prosecutors now have access to the European training programmes financed by
the European Commission. The exact number of Romanian magistrates and the places
where they shall carry out the stages in 2006 shall soon be decided by the Network’s
representatives who meet in Brussels. A study visit to the ECJ was organized for 6 judges
and 3 prosecutors between 23 and 30 June 2006.
16 seminars were organized by SNG for a total of 455 senior clerks from courts and
prosecutors’ offices, on the following topics: child protection, professional deontology, public
relations and communication, human rights, court management, civil procedure and IT
matters.
For improving the statistics, a unique registration number for files is implemented starting 1
July 2006 within all courts. At present, this system is functional by electronic means within
the courts where the ECRIS system is operational. The unique registration number by IT
means will be implemented within all courts countrywide by the end of 2006, upon extending
the ECRIS application. In this respect, amendments to the Internal Regulation of courts were
drafted with MJ support and were approved by the CSM on 10 May 2006. The unique
registration number will allow to follow a case through all procedural stages and to draw
exact statistics on the length of proceedings. Training will be provided to clerks and registrars
before the implementation of the new system.
19
Anticorruption measures
Accomplished measures, foreseen in the Action Plan of National Anticorruption
Strategy 2005-2007
Increasing the transparency and integrity in the public administration
Concerning the financing of political parties, the draft law amending the legal framework on
financing of political parties was adopted on 22 June 2006 by the Senate and on 5 July 2006
by the Chamber of Deputies. The main improvements refer to very clear and strict rules on
transparency (i.e. each party shall publish in the Official Journal, Part I and on the website
the amount obtained from each income sources, including membership fees, donations and
other sources; each party shall publish the list of the members who paid a membership fee
over 12 minimum salaries); reducing substantially the ceiling of the membership fee from 100
minimum salaries to 48 minimum salaries, in order to eliminate the relation between the
public function and the membership fee; prohibition of abuse of public resources; modifying
the formula for state subsidies taking into account the results obtained by the party not only
in the general, but also in the local elections; suspension of the state subsidy granted to the
party in case of breaches of the legal provisions; regulating the discounts that service
providers may grant to political parties; strengthening the control.
Regarding the public procurement, the new law on public procurement, approved by the
Government on 19 April 2006, was published in the OJ no. 418/15.05.2006. It came into
force on 1 July 2006. Main improvements of the new law include unifying the legal framework
for public procurement contracts and concessions contracts for services and works;
increasing transparency through the obligation to publish the intention announcement and
the participation announcement. The announcement of assigning the procurement contract
shall also be published within the electronic system for public procurement, prior to the
conclusion of the contract (the electronic system is set up and shall be functional starting
December 2006). For contracts whose value exceeds the thresholds provided in the law, the
announcements shall be mandatory published also in the Official Journal of the European
Communities. Special procedures for public procurement for advertisement were set up (a
separate chapter in the law).
Furthermore, the law refers to simplifying the procedures through stricter and clear provisions
regarding the awarding of the public procurement contracts and a new electronic system for
public procurement of frequent use assets. In order to prevent the conflict of interests and
anticompetitive practice, the law is setting up rules on incompatibilities and conflict of
interests for public officials who take part in the procedure for assessing the offers. Moreover,
the law is setting up an efficient system for remedies, by ensuring the independence of the
National Council for Solving the Remedies (NCRC), shortening the duration of the appeal
procedure and publicizing the decisions of NCRC and a special procurement procedure for
sectors with monopole potential.
Referring to implementing the practice of one-stop shops in the public administration, on 4
May 2006, the Methodology for the implementation of the one – stop shops, approved by the
OMAI no. 1260 was published in the OJ no. 383/04.05.2006.
On reviewing the legislation on civil servants, the draft law amending the Law no. 188/1999
regarding the Civil Servants Statute was adopted by the Parliament on 30 May 2006 and
became Law no. 251/2006 (OJ no. 574/04.07.2006). The amendments incorporated GRECO
recommendations, SIGMA and World Bank observations, the best practiced of other EU
countries in the field, the recommendations of the Freedom House report and those included
in the ANFP monitoring and evaluation report.
Increasing the integrity and resistance to corruption of the judiciary
Referring to enhancing the effective and direct control of the public prosecutor on the activity
of criminal investigation performed by the judiciary police, on 6 June 2006 the draft law
amending the Criminal Procedure Code was adopted by the Parliament. The law amending
the Criminal Procedure Code provides for enhancing the control of the public prosecutor on
20
the activity of criminal investigation. According to the new provisions, the judiciary police
conducts its activity under the authority of the general prosecutor of the PICCJ. A new
appointment procedure was established: the judiciary police officers are appointed by the
Minister of Administration and Interior, with the assent of the general prosecutor of PICCJ.
The withdrawal of the assent entails the exclusion of the judiciary police officers from
judiciary police forces. Further safeguards for the impartiality of the judge and prosecutor are
introduced, to be added to the already existing ones. Thus, they cannot be relatives of the
parties’ lawyers or representatives and the incompatibility of judges and prosecutors extends
also to the in-laws of the parties (the previous provisions referred only to “blood” relatives).
Combating corruption through administrative means
Regarding the control of wealth, conflicts of interest, and incompatibilities, MJ drafted the law
on setting up an independent agency to verify and control the compliance to the legal
provisions on wealth declarations, declarations of interests, incompatibilities regime. The
draft law has been subjected to public debates. Approximately 8 meetings with political
parties and NGOs took place in April – June 2006. The draft law was approved in
Government meeting on 5 July 2006 and sent to the Parliament for adoption.
Awareness campaigns
Ministry of European Integration is developing a national awareness and information
campaign „E.U. NU DAU ŞPAGĂ - E.U. NU IAU ŞPAGĂ” (I don’t give bribe – I don’t take
bribe) focused on the effects of corruption. The campaign addresses both to the civil
servants and citizens and consists of leaflets, TV and radio clips.
The Ministry of Justice is organizing an awareness campaign regarding the fight against
corruption within the judiciary. The campaign is targeting both the judiciary and citizens and
focuses on increasing the accountability within the judiciary and improving the efficiency of
the justice as a public service. The public procurement procedure is open and currently the
offers are assessed.
Amendments to the Criminal Procedure Code and to the Criminal Code
The amendments to the Criminal Code and Criminal Procedure Code were adopted by
Parliament on 6 June 2006. For details on the amendments please see the section on The
Judiciary.
The dissolution of the Directorate General for Protection and Anticorruption (DGPA)
The process of dissolving DGPA was finalized, with the inventory being completed before 30
June 2006.
Other evolutions
At the level of the National Anticorruption Directorate (DNA)
On 24 May 2006 the organizational chart of DNA was increased by 56 positions: 15 positions
for prosecutors, 10 positions for specialists, 15 positions for specialized auxiliary personnel
and 16 positions for administrative staff (GD no. 655/2006, OJ no. 468/30.05.2006). On 10
July 2006 the organizational chart of DNA was filled as follows:
No.
crt.
Category of
personnel
Total
approved
positions
Total filled
positions
Total filled
positions at
central level
Total filled
positions at
territorial level
Total
vacant
positions
1
Prosecutors
145
119
65
54
26
2
Judicial Police
Officers
170
156
81
75
14
3
Experts
55
45
35
10
10
370
320
181
139
50
TOTAL
21
At the level of the Ministry of Administration and Interior (MAI)
Referring to the administrative capacity of the General Anticorruption Directorate (DGA), on
30 June 2006, 117 positions are filled in at the central level (62.23%) and 181 positions are
filled in at the territorial level (55.35%). At national level there are 298 filled in positions,
57.86% of the total 515 positions. At the end of May, the official DGA’s web site was set up
(www.mai-dga.ro) and it will become operational by the end of July 2006.
Between 1 May – 30 June 2006, DGA investigated 297 persons. For 78 persons the
prosecutors pressed formal charges. DGA performed 167 investigations (60 for taking bribe,
32 for giving bribe, 22 for trading in influence, 21 for offences provided by Law no. 78/2000,
28 for other offences). In May 2006, DGA performed 5 integrity tests, the results being
positive. Concerning the prevention of the corruption within MAI, 118 meetings with the civil
society and 757 reunions with the MAI’s structures were organized. DGA audience 313
citizens, 446 complaints were received at central level, out of which 350 were solved.
A partial assessment of the Anticorruption Campaign conducted by DGA was drafted. It
showed that the TV clip was disseminated over 15,000 times and watched by 13 million
viewers. As a result, the number of calls at TELVERDE (the free of charge phone where the
citizens can report the misconduct of the MAI’s personnel) increased significantly, thus
measures were taken for setting up an additional line. Between 1 May and 22 June 2006,
3,144 calls on TELVERDE were received, out of which 526 revealing facts that fall under the
DGA’s competence.
Between 1 May and 30 June 2006, central and local structures of the judiciary police within
IGPR submitted to the prosecutors’ offices 421 case-files referring to allegations of a variety
of criminal offences, including some damaging the public and private property, amounting to
6,247,468 RON (1,784,990 euro).
At the level of the National Agency for Fiscal Administration (ANAF)
Between 19 May and 8 June 2006, the employment contracts of 5 civil servants within the
public finance sector (1 with leading position and 4 with executive positions) were suspended
following the beginning of the criminal trials for allegations of embezzlement, intellectual
false, use of false or abuse of office against public interests.
At the level of the National Customs Authority (ANV)
Between 1 May and 20 June 2006, the Internal Verifications Division within ANV conducted
28 unannounced controls, 8 thematic controls and 6 verifications following the complaints
received from the citizens. As a result, DNA was notified regarding 1 customs officer;
disciplinary sanctions (written reprimand) were applied to 16 customs officers; the Discipline
Commission of ANV was notified regarding 15 customs officers; and 10 customs officers
were temporarily moved to other positions.
At the level of the Ministry of Public Health (MS)
MS started the verification of the high-tech equipment purchased by all hospitals countrywide
with funds received from the World Bank between 2000 and 2006.
Results in fighting corruption
Between 1 April and 1 July 2006, the National Anticorruption Directorate indicted 32 cases,
regarding 121 defendants for committing 364 corruption offences, offences assimilated or
connected to those of corruption. Among the defendants there are: 2 current members of the
Chamber of Deputies; 2 current members of the Senate (1 being the former General
Secretary of the Government between 2000 and 2004 and 1 being the former vice-prime
minister during 2005); 1 Director within the central public administration (the State Secretariat
of the Problems of the Participants to the Revolution); 1 director of a county Public Service
for Persons Registry; 36 police officers; 2 lawyers; 4 officials of a County Council (the
president, the vice-president and 2 directors); 2 commissioners, Financial Guard; the general
director of Romanian Lottery; 1 customs employee; 4 employees of General Directorate for
22
the Public Finances (out of which 1 director and 1 deputy director); 3 employees from the
Ministry of National Defence (2 lieutenant colonels and 1 sub-officer).
The structure of the offences is:
-
164 bribery offences (accepting bribe, offering bribe, trading in influence, receiving undue
advantages)
-
21 offences assimilated to corruption (especially: using information obtained by virtue of
the official position or duty in order to carry out financial operations incompatible with the
position or duty; using the leadership position of a political party, trade union, employers
association or a non – profit legal person in order to obtain undue financial advantages)
-
127 offences connected to corruption (especially: association with a view to committing
crimes, forgery and usage of forgery, abuse in office)
-
5 offences against financial interests of the European Communities
-
Other 47 offences (provided by Law no. 656/2002 on the prevention and sanctioning of
money laundering and on the initiation of measures for the prevention and fighting
against financing terrorist activities, Law no. 78/2000 on preventing, discovering and
sanctioning of the corruption acts, deceit, abuse of office in aggravated form, abuse of
office against the interests of persons, negligence in office).
During the same period, in the cases indicted by DNA, the courts pronounced 21 convictions
regarding 49 defendants. Among them there are: 1 mayor; 1 local counsellor; 1 military
officer; 1 inspector within a General Directorate for the Public Finances; 5 police officers and
sub-officers; 2 commissioners, Financial Guard; 23 directors of private companies; 3 bank
employees.
19 convictions regarding 43 defendants remained final. 2 decisions of final acquittal
(regarding 3 defendants) were pronounced. Among the defendants who received final
convictions, there are: 1 mayor; 1 local counsellor; 1 director of an administration of Public
Finances; 1 civil servant (chief of office) within the General Directorate for Labour and Social
Protection; 7 police officers and sub-officers; 1 sub-officer from the Ministry of National
Defence; 10 directors of private companies; 2 bank employees (one being a director).
2.2.2. Human Rights and Protection of Minorities
In the reference period, regarding trafficking in human beings, the drafts of the 2006-2010
National Strategy against Trafficking in Human Beings and of the 2006-2007 National Plan
for implementing the Strategy were finalized and are currently posted on the website of the
Ministry of Administration and Interior, www.mai.gov.ro for public consultation, as well as on
the website of NGO’s involved in preventing the trafficking in human beings and providing
assistance to its victims, www.antitrafic.ro. Within the Inter-ministerial Working Group on 3
July 2006, the final versions of the two drafts were analysed. Both drafts will be sent for
endorsement to the involved institutions and will be approved by a Government Decision no
later than August 2006.
During 12-13 June 2006, three out of the four vacancies within the central structure of the
Agency for prevention of trafficking in human beings and for monitoring the assistance
provided to trafficking victims were occupied following a contest, respectively the positions
for psychologist, specialist in project management and in human resources. Currently, out of
the 34 positions within the central structure of the Agency, 19 positions have been occupied,
out of which 14 in the operational services and 5 in the auxiliary departments (financial, HR).
The announcement for occupying two positions in the central structure has already been
published, and the procedures for occupying 3 more positions from internal source have
been initiated. Also, between 5 July and 4 August, a new personnel selection will be
organized for occupying 16 positions within the 8 territorial centres. At the same time,
procedures for acquiring premises for the territorial structures headquarters from 8 counties
(Arges, Cluj, Constanta, Dolj, Galati, Iasi, Timis and Bucharest) were initiated.
23
In order to draw up the Agency’s own budget, the costs were assessed for its full functioning.
The budget proposal was approved by the MAI leadership and presented to the Ministry of
Public Finances. The proposal is to enter into force at the rectification of the MAI budget, no
latter than end October 2006.
For the organization and proper functioning of the national centralized system for evidence of
trafficking in human beings victims, allowing their rapid assistance, the procedures for the
acquisition of IT equipments were initiated. The conditions of contract have been approved
and the announcement for the organization of the public tender dossier was published in the
OJ no. 131/30.06.2006. In order to improve the providing of specialized assistance, the
database of the Agency was set up, comprising the institutions and organizations involved as
well as their distribution in the territory.
In order to improve the monitoring system of the assistance provided to the victims of
trafficking in human beings, the Agency has drawn up a victim evidence record project, which
has been proposed for the consultation to the interested organizations and institutions and
published on www.antitrafic.ro web site. Suggestions from the NGO’s have been received
and will be analysed and centralized in order to elaborate the final record.
After the consultation with the NGOs and the involved institutions, procedures were initiated
for identifying assistance services necessary to the victims (medical, psychological, legal
etc.) and which the governmental institutions cannot adequately provide. A cost assessment
is foreseen for setting up a program financed by the state budget and/or by other sources,
through which these services could be provided complementarily by NGOs, through a
contract concluded with the Agency. The collaboration protocols of the Agency with
CARITAS Organization and AIDRom are currently in the final stage and are to be signed.
Moreover, negotiations are currently ongoing for concluding a protocol with the United Nation
High Commissioner for Refugees (UNHCR).
With regard to countering the trafficking in human beings, in May 2006, 45 cases regarding
91 traffickers were recorded, out of which 15 were arrested. In May 2006, with regard to
illegal migrants smuggling, 36 crimes were recorded, 45 persons were investigated and 2
persons were arrested.
In the reference period, the Agency assessed the operational capacities of the 8
governmental centres for providing assistance and protection to the victims of trafficking in
human beings, situated in the counties of Satu Mare, Arad, Timis, Mehedinti, Botosani, Iasi,
Galati and Bucharest. The conclusions indicated good accommodation conditions, together
with the need of further improving the quality of the assistance and social reintegration
services to the victims. As regards to the 9th governmental centre which must be operational
according to the provisions of Law no. 678/2001, the decision of the Giurgiu County Council
is expected, for the allocation of the premises necessary for its functioning. There are 95
effective places available for trafficking in human beings victims in the governmental centres.
The number of the victims that received assistance in the reference period
Age
TOTAL
14-18 years
18-25 years
42
Under 14
years
1
34
5
Over 25
years
2
Female
88
1
48
29
10
TOTAL
130
2
82
34
12
Sex
Male
Out of the total number of the assisted victims, 81 were assisted in the governmental centres
and the other 49 were assisted in the nongovernmental centres. The total number of victims
(130) refers both to the victims who received assistance in the centres and to those who
were assisted in other places (for example, at home). The statistics presented in the table
above were collected from the governmental centres and from the following nongovernmental organizations: Reaching Out (Arges), ADPARE (Bucharest), Betania (Bacau),
24
Young Generation (Timis), Banat Regional Church (Timis). The International Organization for
Migration assisted 5 cases of victims of trafficking in human beings from the Republic of
Moldova in order to repatriate them to their country of origin.
According to the provisions of EGO no. 79/2005, the foreign citizens – victims of trafficking in
human beings have the right to receive assistance and protection in the Authority for Aliens
shelters, as well as in the National Office for Refugees shelters. Within the reference period,
there was no victim of trafficking in human beings registered in the 2 shelters of the Authority
for Aliens (Otopeni and Arad) neither in the 5 shelters of National Office for Refugees
(Maramures, Timis, Galati, and other 2 in Bucharest).
Regarding the conditions in penitentiaries and in detention centres, Law no. 275/2006
on the enforcement of criminal penalties was adopted on 20 June 2006. The law mainly
provides for differentiated detention regime, increased rights for the detainees, in line with
European standards, strengthened judicial control over enforcement of criminal penalties.
Thus, the law reforms radically the Romanian system of sentence through:
-
Four different sentence serving regimes are introduced (maximum security, closed, semiopen and open);
-
The convicts may switch from one regime to another, according to their behaviour and
not only based on the length of the punishment.
Increased rights for the detainees are provided, in line with European standards. Thus:
-
Minors who are serving an educative or reclusive measure are better protected. Thus the
transfer of minors to penitentiaries other than the special penitentiaries for minors and
youngsters, for a period longer than 5 days is forbidden.
-
The prison administration must take specific measures in order to actively guarantee the
detainees the exercise of their recognized rights and freedoms (e.g. bearing the costs for
the exercise of the right to petition and correspondence, in cases where the convict has
insufficient means, providing civil clothing free-of-charge to detainees who do not have
their own).
-
The wearing of the penitentiary outfit is no longer mandatory.
-
The amount that the convicts may keep of the payment received from their work is tripled
(i.e. 30% as compared to the present 10%).
-
The participation of convicts into educational or professional activities will be
remunerated.
-
The use of chains to immobilize the detainees is strictly forbidden and the use of
handcuffs and other means of restraint is allowed only exceptionally in emergency
situations (for example, in cases of extreme violence).
-
Judicial control over enforcement of penalties was strengthened. The delegated judge for
the sentence serving is introduced. His/her attribution will be to supervise and ensure the
observance of the law in the way punishments, as well as preventive arrest measures are
served.
Amendments to Law no. 293/2004 on the statute of the civil servants within the National
Administration of Penitentiary were adopted on 28 June 2006, through EGO no. 47/2006,
(OJ no. 565/29.06.2006), eliminating the deficiencies encountered in practice regarding the
selection, promotion and other career related issues for the penitentiary staff. The
amendments ensured a clear legal framework for filling in as soon as possible the vacancies
within the penitentiary system, including the vacant leading positions, based on objective
criteria.
Multidisciplinary teams for planning the sentence serving were set up in each penitentiary.
These are formed of a psychologist, a social assistant, an educator, a representative of the
detainees’ records office and a representative of the surveillance department. 7 training
25
sessions, with 284 participants, were organized in the reference period for the penitentiary
staff.
A special Office for Petitions, Notifications and Complaints was set up within the Penitentiary
Inspection Department (Order of the Minister of Justice no. 1262/25.05.2006). 36 petitions
from 19 penitentiaries were registered so far within 1 month, since its setting up. So far, one
was confirmed and the case was sent to the competent prosecutors’ office.
4 general verifications and 10 targeted inspections were carried out by the General
Administration of Penitentiaries’ own inspection body in May and June 2006. Following these
verifications, the disciplinary procedure started for 6 persons, out of which 4 in leading
positions. Also, the competent judicial bodies were notified with regard to 3 persons. All
these cases are pending.
Director positions for 10 penitentiaries are open for competition, based on an evaluation of
the managerial skills. The vacancies were advertised and the procedure is ongoing.
In the reporting period, modernization activities are in progress in three penitentiaries (Aiud,
Oradea, Drobeta Turnu Severin). One special room was arranged in each penitentiary for
psychological counselling. 49 automatic detectors for narcotics were delivered and
appropriate training was carried out on their use within penitentiaries. On 19 April 2006, the
building under construction and the corresponding land, allotted to the National
Administration of Penitentiaries, by GD no. 520/14.04.2006, were taken over, for building of a
new penitentiary close to Bucharest. Financing for the construction works on the premises is
ensured.
The law on the statute of the probation personnel was adopted in May 2006 (Law no.
123/04.05.2006, OJ no. 407/10.05.2006). The law provides for a clear set of rights and
obligations, incompatibilities, disciplinary sanctions, as well as for the procedure for triggering
disciplinary liability. Training activities for the probation staff continued in the reference
period, within the framework of a MATRA Programme (2 seminars organized in June for 35
participants each) and of a PHARE Twinning Light Programme (4 workshops for a total of 22
probation counsellors).
Regarding the conditions in detention centres the control activity plan for finding and
investigating infringements of the personal rights of those deprived of freedom was
elaborated on 14 June 2006.
Between 1 May 2006 and 20 June 2006 inspections were made in order to assess detention
conditions in Bihor, Bistrita, Botosani, Calarasi, Cluj, Ialomita, Iasi, Olt and Salaj County
Police Inspectorates, as well as in the arrests from Police Stations no. 4, 5, 9, 21 and 22 in
Bucharest. No infringements of the procedural – criminal norms or concerning human rights
have been found. The monitoring of the rehabilitation works for the arrests has also
continued, in order to provide proper conditions for serving sentences.
Within the same period, at the level of the Directorate for Criminal Prosecution, 3 petitions
were received, concerning complaints of ill treatments from police officers. None of the
allegations were proved following investigations. According to the Order of the Ministry of
Administration and Interior no. 988/2005, the Directorate for Criminal Prosecution requested
the territorial units to sent monthly reports on the number of investigations carried out,
petitions received against police officers, confirmed/unconfirmed petitions, petitions sent by
detained persons or persons from other institutions etc.
Since 1 May 2006 up to present, at the level of the Compartment for Human Rights and
Humanitarian Law within the Legal Affairs Office, a total of 4 files have been verified/reverified as a result of allegations of human rights infringements by police officers. The result
of the verifications was the following: in 3 cases criminal proceedings were not initiated and
in one case the criminal proceedings were cancelled as the claims were not confirmed. Also,
in the same period a case of a complaint against the Romanian state is being re-verified (this
case was dealt by the European Court of Human Rights). The complaint invokes human
26
rights infringements while the plaintiff was held in police custody (the events took place in
2001). The case has not yet been finalized.
In the area of child protection, compared to June 2005, at the end of March 2006 the
following progress was achieved:
-
The number of institutionalised children decreased from 31,107 to 28,516.
-
Another 27 houses and 28 apartments were opened, where the children benefit from a
family type protection (out of the total number of 330 houses and 403 apartments existing
at the end of March 2006).
-
The number of professional maternal assistants has risen from 13,213 to 14,289.
-
The number of children protected into substitutive families (professional foster families,
relatives up to the 4th degree) has risen from 49,180 to 49,350.
-
The number of alternative services set up by the county public authorities was 589 at the
end of March 2006.
-
In the same time, the number of institutions with more than 100 protected children has
diminished to 40 units at the end of March 2006, compared to 205 at the end of 2001.
The National Authority for the Protection of Child’s Rights (ANPDC) has continued to fulfil the
tasks inscribed in the Action Plan for implementing the legislative package on child’s
protection, which fall under its responsibility, as well as to monitor the implementation of the
other measures included in the Action Plan by other involved institutions.
Concerning the harmonization of all the legal provisions on child and family included in the
regulations in force, Law no. 122/04.05.2006 (OJ no. 428/18.06.2006) on asylum in Romania
was approved. Its provisions regarding the children were elaborated taking into account the
provisions of Law no. 272/2004 concerning the protection and promotion of child’s rights. The
law will enter into force on 16 August 2006, the methodological norms for its application
being currently drafted.
A working group was set at the level of the Ministry of Public Health for the modification of
the Order no. 1955/1995 of the Ministry of Health for the approval of the Hygiene Norms for
the children and youth protection, education and training units. The modification aims at
harmonizing the legal framework concerning the sanitary and hygienic norms applicable to
the day care services and residential units with the minimum compulsory standards in the
field, especially in what the family type units are concerned.
GD no. 701/31.05.2006 (OJ no. 513/14.06.2006) approved the setting up, within the ANPDC
structure, of a Directorate for the Monitoring of Child’s Rights. The main responsibilities of the
new Directorate consist in: monitoring the observance of the principles and norms stated in
the UN Convention on the Child Rights and in other international conventions in the field
Romania is a part to; elaborating reports and studies based on the information gathered
while monitoring these norms and principles; monitoring the national strategy in the field of
child’s rights protection and promotion and its operational plans, the sectoral strategies and
the action plans ANPDC is involved in.
Also, in order to strengthen ANPDC’s coordination role in the training activities for child’s
rights protection, the service for strategies and programs within ANPDC has been
reorganized as service for strategies, programs and training (GD no. 701/31.05.2006, OJ no.
513/14.06.2006).
In June, ANPDC has centralized the results of a questionnaire regarding the number of staff
within the DGASPC who had participated in training activities, the topics approached during
the training sessions and their organizers, the amount allocated from the General Directions
for Social Assistance and Child Protection (DGASPC’s) budgets for training, as well as their
plans for 2006. According to the answers received from 41 counties and sectors of
Bucharest, out of the total number of 28,957 persons employed within the child protection
departments of the DGASPC, 5,533 persons benefited from initial or continuous training
27
during 2005 and 331,146 RON and 12,870 euro were spent for this purpose. The 2006
training plan indicated a number of 4,071 persons to be trained in 2006.
Within the training component of the educational campaign implemented by ANPDC, under
the Phare Program 2003, a Consultative Steering Committee of the Campaign and a
Training Sub-committee were set up, composed of the representatives of the relevant
ministries and professional associations with a view to permanently inform these
organizations about the project activities, to facilitate the signing up collaboration protocols,
to contribute at the project’s sustainability and to validate the training materials. The first
meeting of the Committee and the Sub-committee took place on 3 May 2006, when a first
consultation took place on the draft collaboration protocols.
The evaluation process of the 30 trainers took place, who will deliver the training sessions of
the 188 trainers at local level. The training manuals for the 6 professional groups (priests,
teachers, policemen, social workers, law persons and medical staff) are currently under
drafting procedure. The manuals will constitute practical guides regarding the children’s
rights. Starting with September 2006, 182 training sessions for these professional groups will
be organized.
During 15 March – 1 July 2006, the training of the magistrates acting in the justice for minors
field has continued, 8 two-days seminars being organized and held in Amara. Judges from
courts and tribunals benefited from this training, as well as probation officers. Another
seminar for clerks was organized in Amara between 11-12 May.
ANPDC is monitoring the situation of the children whose parents are working abroad, by
centralizing figures for each quarter referring to this category of children. Through GD no.
683/2006 (OJ no. 475/01.06.2006) the methodological norms were completed for the
enforcement of the provisions of Law no. 156/2000 regarding the protection of Romanian
citizens who work abroad. They introduce the compulsory presentation by the parents who
want to work abroad of a notification issued by the Public Service of Special Assistance
(SPAS) or by the mayor (in this last case, which informs on the previous notification of the
SPAS of this intention).
The State Secretary of ANPDC issued the Order no. 219/15.06.2006 (OJ no.
544/23.06.2006) concerning the identification, intervention and monitoring of children
deprived of parent’s care during the period the parents are working abroad. The Order
stipulates the obligation, for the local public social assistance services, to elaborate an initial
evaluation report for the child whose parents are working abroad and, if necessary, to
elaborate a plan of services in order to prevent the separation of the child from his family or
to announce the DGASPC in order to adopt special measures for the child’s protection. The
plan must include ways of maintaining personal relations between the child and his/her
parents, as well as the psychological services the child can and will benefit from. The local
and county authorities have the obligation to initiate information activities at community level
regarding the legal possibilities for the parents who go to work abroad to assure legal and
physical protection of the children who will remain in Romania.
Concerning the protection of the rights of the children with disabilities, ANPDC centralized
information, available at 31 December 2005, regarding the total number of children with
disabilities. Thus, the number of children with disabilities was 73,983, out of which 65,171
with certificates for a certain degree of handicap according to the legislation in force at 31
December 2005. 21,119 children with disabilities received a certificate for school orientation,
out of which 4,969 were integrated into individual educational process, 218 in group, 781 in
compact classes, 12,405 are frequenting the special schools, other situations (ex: home
school, special kindergarten etc.) – 1,709. The total number of children with disabilities,
which benefited of personal assistants, was of 26,485, and for 57,002 children a Service Plan
was elaborated. The number of children with disabilities who benefit of alternative services
(day centres, recovery, counselling) offered by DGASPC was of 7,100, and other 2,901
benefit of services developed by NGOs.
28
The draft law concerning the protection and promotion of the rights of persons with
disabilities was adopted by the Romanian Senate and is currently at the standing committees
of the Chamber of Deputies. The law sets up the legal framework for the protection of
children with disabilities.
In May 2006, ANPDC centralized information concerning the number of mobile teams for the
recovery of the children with disabilities, the existence of the mobile services for complex
evaluation and the number of maternal assistants for children with disabilities. According to
the information centralized, there are now 11 mobile services for the recovery of the child
with disabilities (in 8 counties and 3 sectors of Bucharest). In the counties where such a
service does not exist, the Complex Services facilities overtake the problem, the transport
being provided for all beneficiaries. In the same time, some DGASPCs have signed
collaboration agreements with NGOs for the recovery of children with disabilities at their
homes. 40 out of the 47 DGASPCs have mobile services for complex evaluation, which can
perform at home assessments for the children with disabilities. The number of maternal
assistants trained or able to take into foster care a child with disabilities amounts to 2736. So
far 2460 children were placed in such families.
Following the publishing of the Mental Disability Rights International Report concerning the
situation of children and adults with disabilities in Romania, joint teams were set up, including
representatives of ANPDC, MS, ANPH under the coordination of the High Level Group for
the Romanian Children. The teams have inspected the 9 institutions mentioned in the report,
the final conclusions showing that the situations described in the MDRI report were either not
confirmed or outdated. A decision was also adopted, for performing, in the next period, a
reassessment of all the institutions for children with disabilities by a scientific committee,
which will be appointed for this very purpose. The preliminary results of this evaluation are
expected to be available by the end of September 2006.
ANPDC has also centralized data available at 31 December 2005 on children with HIV/AIDS.
As a result, in the DGASPC databases there were 3380 HIV/SIDA seropositive children, out
of which 2,114 children with manifested AIDS, as follows: 2,699 children (79.85%) in their
biological families; 245 children protected in specialized services within the Specialized
Public Service; 262 children protected in placement centres belonging to the authorized
NGOs; 44 children placed to professional foster families, employed by the Specialized Public
Service; 5 children placed to professional foster parents employed by the authorized NGOs;
125 children in the care of the relatives up to the 4th degree, other families or persons. Out of
these, 1,949 children (57.66%) are going to a school, out of which 1452 children are going to
regular educational institutions within the community and 293 children are going to a special
school within the community, while 204 are learning within special classes in the public or
private placement centres. 3,069 children (90.79%) benefit of specialized treatment out of
which 2410 in the biological family.
In order to integrate the children with special educational requirements into regular education
system, the Ministry of Education and Research has launched this year an Educational
Reform Project. The project benefits from a total budget of 105 million euro, out of which 67
million euro are financed by the BDCE and other 38 million euro by the Romanian
Government. The loan agreement for Inclusive Early Education Programme, financed by the
World Bank (6.1 mil. Euros) and Romanian Government (1.7 mil. euro) has been signed on 4
July 2006. Both projects are developing three components: infrastructure (rehabilitation of
buildings and new constructions); curriculum development and educational materials and
alternative solutions and services for early education.
Regarding the right of the child to maintain personal relations and direct contacts with both
parents, the draft Memorandum for the approval of signing the Convention on personal
relations concerning children, Strasbourg 2003, was approved by the Government and was
forwarded to the Ministry of Foreign Affairs in order to release full powers entitling the
Representative of Romania to the Council of Europe to sign the Convention.
29
Following ANPDC’s analysis for ensuring the maintenance of the child’s relations with his/her
parents or with the persons he/she has developed attachment relationships following special
protection measures, a decision was taken for modifying the Order no. 80/25.06.2004 of the
ANPDC Secretary of State for the approval of the Methodological Norms concerning the
services plan and the Methodological Norms concerning the drawing up of the individualized
protection plan. Currently, the proposals for these modifications received from the DGASPCs
are centralized. Following the meeting on 29 June 2006, attended by representatives of the
DGASPCs, NGOs and of the National College of Social Assistants, a draft was elaborated
for modifying the Order no. 80/25.06.2004.
Regarding the reassessment of the situation of children in the protection system, including of
the children legally declared as abandoned, according to the data held at the ANPDC level,
until 31 March 2006, for approx. 80% of the children, the circumstances leading to their
institutionalisation were re-evaluated. Out of these, 14% were reintegrated within their natural
families, for 2% a legal guardianship was appointed, for 21% the court established the
placement as protection measure and for 48% the placement was established by the Child
Protection Commission. At the same date, approx. 82% children who were legally declared
abandoned according to the provisions of the Law no. 47/1993 (abrogated by the new Law
no. 272/2004) were re-evaluated and 6% were reintegrated into their own families, for 7% the
legal guardianship was instituted and for 51% the court established the placement as
protection measure. Until now, during April 2006, 2 out of the 6 day care centres (in Olt and
Hunedoara counties), which are to be created under the Phare 2002 grant scheme (until
August 2006) have been opened.
Regarding the maternal assistance network, a study has been developed in the frame of the
twinning light project RO 2003/005-551.03.03 – “Assessment of the current status of the
maternal assistance network in Romania”, implemented by ANPDC in collaboration with the
Ministry of Public Health, Welfare and Sport from the Netherlands, the Netherlands Institute
for Care and Welfare and the International Foster Care Organization (IFCO). The project,
developed within October 2005 – May 2006, aimed at evaluating the current maternal
assistance system and identifying solutions for further developing and diversifying the
network, in order to better answer to the needs of the children placed in maternal assistance,
of the natural parents and of the maternal assistants. On the 18 May 2006 a national seminar
was organized where the main findings of the study were presented together with a draft
action plan for the development of the maternal assistance network. In June 2006, a working
group was established through Order of ANPDC’s Secretary of State, in order to analyse and
reassess the normative acts, which regulate the maternal assistance in Romania.
ANPDC and the Romanian Office for Adoptions (ORA) signed a Collaboration Protocol
concerning ORA’s access to the CMTIS (The Child Monitoring and Tracking System)
administrated by the ANPDC. In the same time, ORA was invited to participate in all the
meetings and actions organized by the ANPDC on issues concerning the protection and
promotion of child’s rights through national adoption.
During the reporting period, cooperation agreements were concluded between DGASPC, the
ministries' de-concentrated services and courts; guides were elaborated, with their
attributions and the practical means of fulfilling them. Approximately 90% of the DGASPCs
have signed protocols with the courts of law, the prosecutors’ offices and the police
inspectorates concerning future collaborations according to the competences provided by
Law no. 272/2004.
Furthermore, in order to ensure the observance of child and family rights in a unitary way,
throughout Romania, the single national Methodology regarding the cooperation between
local and county specialists was published, (Order of the ANPDC’s Secretary of State no.
95/13.03.2006, OJ no. 305/05.04.2006), together with a special abstract, printed in more
than 3000 copies. These copies were distributed to the social assistance public services
(SAPS) from the communes, towns and municipalities, through the DGASPCs.
Consequently, the DGASPC started to organize training courses on the methodology, to
which SAPS representatives and mayors have been invited.
30
In order to create, at national level, a data base of services and service providers in each
county, through the OMMSSF no. 280/2006 (OJ no. 330/12.04.2006), the working procedure
for setting up, updating and accessing the Single Electronic Register of social services
created at the MMSSF level was approved. The data concerning the accredited service
providers from the entire country are introduced in the Electronic Register by the county
accreditation commissions; the Register is administrated at the level of the General
Directorate for Social Assistance Policies within the MMSSF. The data base concerning the
child protection services created by the service providers is made and updated at the level of
the ANPDC’s Inspection Department.
In order to ensure the effective implementation of the new legal competences in child’s
protection field, a study was elaborated in April 2006 within Phare 2003 “Support for the
minors’ justice in Romania”, comprising recommendations concerning the opportunity of
setting up specialized courts for causes concerning minors. The study was transmitted to the
competent authorities and was posted on the web site of the Ministry of Justice for
consultation. The study was finalized at the end of May 2006, and also includes the analysis
of the workload in the courts and prosecutor’s offices.
ANPDC centralizes, on a quarterly basis, the situation of the children, which commit offences
and are exempt from criminal liability. In June 2006, preliminary data on the number of
children who committed crimes and were exempt from criminal liability during 2004-2005
were centralized (1861 children in 2004 and 1759 in 2005). In order to strengthen the active
role of the judiciary in the specialized panels/courts, a timetable has been drawn up,
concerning the visits of the prosecutors and judges appointed to judge causes with minors
should perform in 2006 at the services of special protection for children.
During March – June 2006, the activities of the Inspection Department were developed
according to the Inspection Plan for 2006. In this period, a total number of 145 services were
inspected, out of which 105 services of residential care, 28 day services and 12 services for
maternal assistance. Up to now, 87 licenses were granted, other 203 files being under
evaluation (the inspection was performed, but the request for licensing was not registered, or
the recommendations formulated during the inspection must be fulfilled, or the request was
registered and the inspection is expected soon).
In order to reduce the phenomenon of child abandonment within hospital units, the High
Level Group for the Romanian Children decided to set up a working group composed of
representatives of ANPDC, MS, National Institute for Population Evidence and NGOs. The
group finalized on the 30 May 2006, a Priority Measures Plan for 2006-2008 into the field of
child abandonment prevention. The plan envisages the following actions to be undertaken by
the end of 2006: recruiting social assistants or persons with social assistance attributions in
all the sanitary units for children; initiating the training process of the community medical
assistants for the prevention of child abandonment; strengthening the placement system
within the extended family of the children aged 0 to 2 years, etc.
According to the final estimations of the street social workers, as well as to the data held by
the police, at the end of 2005 approximately 450 street children were identified in Bucharest
and about 1800 all over the country. According to the ANPDC evaluation, about 106
structures which can provide services to the street children are now functioning all over the
country (out of which 20 only in Bucharest), as emergency centres and night shelters.
In order to administrate this issue in an efficient manner, a Framework Action Plan for the
social reintegration of the street children was approved (ANPDC Secretary’s of State Order
no.100/2006, OJ no. 297/03.04.2006). The action Plan contains concrete actions for the
improvement of the street children situation during 2006-2008, including: setting up within
every DGASPC of a specialized department for street children, developing joint actions
together with the communitarian police, taking measures for the protection of the children
found on the street and establishing their identity etc. The plan also includes information
activities with respect to the rights, obligations, and responsibilities of the target groups, while
the public campaign concerning the children rights is organized within the Phare 2003
31
Program framework and will include activities aiming at reducing the phenomenon of street
children. Up to now, street social services were created in each sector of Bucharest with 1011 specialists recruited. The DGASPCs from all the sectors have concluded collaboration
protocols with the community police and the setting up of a coordination centre in Bucharest
was approved through a decision of the General Council of the City of Bucharest.
In the field of adoption at present, 2056 persons/families certified to adopt, 1173 decisions on
the initiation of domestic adoption procedure for 1173 children and 1293 court decisions for
domestic adoptions approval are registered in ORA data base (360 adoptions approved
according to the new legislation and 933 adoptions approved according to the former
legislation).
Following the analysis of all the files initiated by foreign citizens during the Moratorium on
international adoptions in Romania (October 2001 – December 2004) and which have not
been approved according to legislation in force at that time, the Working Group approved on
27 March 2006 the Final Audit Report. In it’s meeting on 12 April 2006, the Government took
note of the Report. Its conclusions have been presented by ORA in a press conference on 17
April 2006. The main conclusion of the audit report is that none of the cases, which were not
approved during the moratorium, represents a “pipe-line case”. These cases did not respect
the criteria of exceptionality established by the former legislation and, consequently, they did
not follow the procedures set up by the old legislation on international adoptions.
During the reporting period, ORA initiated measures and continued efforts for solving 37
international adoption cases that have not produced their effects, in the sense that the
adopters did not take the children out of Romania. Until now, 17 adoptions were declared null
and the other 20 are either in the process of being declared null or under analysis. Also, 11
out of the 37 adoptions were sent for investigations to the Prosecutor’s Office attached to the
High Court of Cassation and Justice and to the Minister of Administration and Interior on
grounds of suspicion of child trafficking.
ORA requested from the DGASPC information regarding the foreign persons/families living in
Romania and having in placement/care children from the protection system. Until now ORA
asked for support of the Authority for Aliens for ensuring the granting of domicile in Romania
for 29 foreign persons/families living on Romania’s territory and having had children in care
for several years.
The analysis of the follow-up adoption reports for the Romanian children, adopted abroad on
the basis of the former legislation, revealed that until now, there is no follow-up report for a
number of 1132 children adopted internationally until 2001 and for 142 children adopted
internationally during the moratorium period. ORA is taking further steps to obtain these
follow-up reports.
Training of professionals working in 16 adoption services within the DGASPC, regarding the
evaluation and training of the prospective adoptive parents, took place during the reporting
period on the basis of the assessment instrument and curriculum elaborated within a project
carried out by ORA in partnership with the private sector and with foreign expertise
(November 2005-April 2006). The twinning Light project: ”Strengthening the administrative
capacity of the Romanian Office for Adoptions in promoting best practices in domestic
adoption” was elaborated. Currently, the evaluation of this project is pending approval at the
EC Delegation in Bucharest.
On 29 June 2006, ORA and the Ministry of Health organized a meeting with representatives
of maternity wards and DGASPCs from Bihor, Arad, Satu Mare, Salaj counties and ANPDC
in order to discuss and analyse the ways of implementing the Law no. 272/2004 and the Law
no. 273/2004 (situation of children left in maternity wards, establishing the identity of children
left in maternity wards and of mothers leaving their children, ways of collaboration between
maternity wards and DGASPCs).
In the area of protection of persons with disabilities, in order to ensure the funding
necessary for the implementation of the National Strategy on the social protection,
32
integration and social inclusion of persons with disabilities for 2006-2013 – “Equal
opportunities for people with disabilities – towards a non-discriminatory society”, the following
actions have been initiated:
-
In April 2006, the negotiations were completed with the World Bank for a loan designated
to continue the institutional reform in accordance with the National Strategy for protection,
integration and social inclusion of persons with handicap for 2006-2013. The loan
amounts to 18 mil. Euro and it was granted on the basis of the component 3.1. – “The
program on social inclusion of persons with disabilities” within the Social Inclusion
Project. Its implementation will start in the last quarter of 2006 and will be carried out
during the next 3 years. The loan is addressed to the process of restructuring the old type
residential institutions, with a large number of residents, of creating the alternative
community-based services, training of the staff involved in these services and providing
occupational counselling services for persons with disabilities.
-
The Order of the ANPH President no. 73/2006 (OJ no. 333/13.04.2006) approved the
methodology for the assessment, selection and financing of the projects, within the
Programs of National Interest in the field of the protection of the persons with disabilities.
-
22 NGO’s projects were selected in order to be financed, from budgetary funds, during
2006. The total amount allocated to this purpose is of about 970,000 Euro. By
implementing these projects, a number of 18 social services are going to be created and
developed, as it follows: social services of support for the persons with handicap (5);
services of training and professional integration (4); respite care centres (2); protected
dwellings (7) and protected units.
Regarding the implementation and control of quality standards, the works were completed for
11 of the 59 centres, which benefit in 2006, according to GD no. 183/2006, of either
sanitation work or technical studies aiming at identifying the need for overhauling, for a total
value of 4.02 mil euro. A draft decision has been elaborated, according to which 5 of the
centres that accomplished technical studies for overhauling will receive the necessary funds
for their implementation.
The Government granted 4,181,000 RON, through GD no. 792/2006 (OJ no.
550/26.06.2006) for 6 social assistance units that will benefit of refurbishment. Out of the 6
social assistance units, there are 3 residential centres for persons with handicap: Beclean
Centre for Recovery and Neuro-psychic Rehabilitation – with external facility “Sf.Luca”
Centre Nuseni, Bistrita Nasaud county – 880,000 RON; Petrila Care and Assistance Centre,
Hunedoara county – 951,000 RON; Pastraveni Recovery Pilot-Centre for persons with
handicap, Neamt County – 440,000 RON.
During May-June 2006, there have been 3 control actions in the residential centres from
Arges, Prahova and Iasi counties. The control focused on the organisation of 5 centres and
their compliance with the quality standards. The recommendations of control teams were:
changing of the whole centre managerial team (for 2 centres), improvement of the
specialist’s training and adapting the staff structure to the needs of the centres beneficiaries,
in order to improve their life quality. At the Tigveni Centre for Integration through
Occupational Therapy the closing down of the centre was recommended and the
reorientation of the beneficiaries to the community alternative services, in order to ensure
optimum life conditions.
Regarding the employment of the persons with disabilities, the statistic data at the end of
May 2006 show the following situation, at national level: a number of 418 persons with
handicap looking for a job are registered to the employment agencies; out of these, a number
of 74 persons with disabilities benefited from information and professional counselling
services; a number of 216 persons with disabilities benefited of labour mediating services; a
number of 4 persons with disabilities were included in professional training; a number of 67
persons with disabilities were recruited through the implementation of the measures in force.
According the statistical data, by the end of March 2006, 42 protected units existed at
national level, authorised by ANPH, employing a number of 812 persons with disabilities.
33
Within the measures regarding the accessibility, the company of Subway Transport
Bucharest – METROREX S.A. set the following access devices: 4 elevators – in Gara de
Nord and 1 Mai stations; 8 vertical mobile platforms – in Gara de Nord station (5 pieces) and
Piata Unirii station (3 pieces).
On 3 June 2006, 15 accessible urban buses were introduced into the public transportation
system of Bucharest. In 2006, a number of 400 accessible urban buses are expected to be
purchased, 15 per week, during June-December 2006. In 2007 another 100 accessible urban
buses are expected to be purchased, delivered 20 per month during March-July 2007. The
Bucharest City Hall is about to acquire by tender a number of 100 accessible trolley buses.
Also, the deadlines and conditions for acquiring a number of accessible 50 tramways are
assessed. In Cluj-Napoca there are approximately 80 accessible trolley busses and busses.
In order to assess the level of the accessibility of public buildings, 3 ANPH control teams
went to Sibiu, Mures, Giurgiu, Buzau, Dambovita, Prahova, Arges, Valcea and Braila
counties, during 15-16 June 2006 and 20-21 June 2006, in order to verify the accessibilities
for persons with handicap. As a result of the inspections made in the public institutions, 48
official reports were established regarding the law infringement. The penalty applied was the
warning, with a 30 days remedy term, for the non-observance of the legal obligations on the
adjustment of the public buildings, parking lots and public access ways for persons with
handicap needs, in accordance with the Normative 051/2001. The County Inspectorate for
Constructions was notified in order to establish conformity of the accomplished accessibilities
and to adopt the necessary measures. During 27-28 June 2006, 6 counties were controlled
regarding the existence of accessibilities: Teleorman, Olt, Mehedinti, Dolj, Ialomita and
Calarasi. 35 sanctioning reports regarding the law infringement were drawn.
The implementation of the project „Pilot-Centre of community-based social services for
persons with handicap and personnel training” continued. The objective was to close down
the Centre for Recovery and Neuro-psychic Rehabilitation – Negru Voda, Constanta and to
create an example of good practice for restructuring the old type institutions. The Pilot Centre
is structured into 3 components, as follows: residential component – building of a new
residential centre in Techirghiol for the beneficiaries transferred from Negru Voda, and
building 4 protected dwellings (2 in Agigea, 2 in Techirghiol); recovery/rehabilitation
component – a recovery centre where the beneficiaries of the residential component along
with 150 persons with handicap from the community will receive recovery/rehabilitation
services and the component for the training of the personnel from the centre and from the
system. On 16 May 2006 the residential part and recovery/rehabilitation part were officially
opened. The component for the training of the personnel will provide the opportunities to
inform and to train the personnel from the centre as well as the personnel from all the
country.
During the reference period, regarding improving mental health care services the National
Strategy in the field of mental health has been adopted through Minister of Health Order no.
374/2006 (OJ no. 373/02.05.2006) which completes and improves the National Strategy
concerning the mental health services (Minister of Health Order no. 639/14.06.2005).
Furthermore, the National Action Plan in the mental health field has been adopted through
Minister of Health Order no. 476/2006 (OJ no. 462/29.05.2006). The Action Plan aims at
moving the centre of interest from the hospital services towards the community services and
establishes deadlines and precise responsibilities within the system for 2006 – 2009.
The Ministry of Health (MS) has also approved, through Minister of Health Order no.
372/2006 (OJ no. 373/02.05.2006), the norms of application of the mental health law and the
protection of persons with mental disabilities. These norms respond to human rights issues
(chapters IV and V establish the rights of the persons with mental disabilities, by settling
issues such as the consent, the isolation, the registry for complaints and non-voluntary
hospitalisation).
Through Minister of Health Order no. 375/2006 (OJ no. 373/02.05.2006), the community
mental health centres were established, by transforming the previous mental health
34
laboratories. These centres aim at ensuring the social insertion of persons with mental
disabilities by modern therapy instruments. Already 1,35 millions euro were allocated by the
MS to 12 Mental Health Laboratories, which will be transformed in Community Mental Health
Centres.
Minister of Health Order no. 373/2006 (OJ no. 373/02.05.2006) established the National
Centre of Mental Health as a strategic unit of the Ministry of Health in the field. The National
Centre for Mental Health has the following main attributions in the mental health field:
technical assistance in the field of mental health policies, technical assistance in developing
new mental health services, technical assistance in the training of the staff working in the
national network of mental health, developing competencies in organizing and managing
mental health services, organizing the elaboration and dissemination of mental health
guidelines, collection of data in the field of mental health and establishing and running the
National Psychiatry Registry. Currently the Centre is under organization, being set up within
the National School for Public Health and Sanitary Management (the present National
Institute for Research-Development for Public Health, currently under re-organization as the
National School for Public Health and Sanitary Management, according to Law no. 5/2006 for
reforming the health system). Also, during the reference period, the inter-sectorial Steering
Committee for Mental Health and Inter-ministerial Working Group in the field of Mental Health
were set up.
Minister of Health Order no. 288/27.03.2006 establishes 120 positions for social workers in
psychiatric hospitals. Up to now, 71 social workers have been recruited. The main task of
these social workers is to monitor the observance of the rights of the patients. To date, 16
social assistance offices have been created, as follows: counties of Bacau – 1, BistritaNasaud – 2, Botosani – 1, Calarasi – 1, Gorj – 2, Ilfov – 1, Prahova – 1, Timis – 1, Valcea –
3, Bucharest – 2. The training will take place once the National Center for Mental Health will
be fully operational.
In order to ensure the continuity and accessibility of care services, the “sectorization” of
mental healthcare services has been initiated (organization from a functional point of view
into geographical areas called psychiatric sectors). Currently, the local commissions for
sectorization have been appointed and the Minister Order is in approval procedure.
In order to develop the human resources, the creation of 300 more positions with psychiatric
specialization was agreed. The curriculum for psychiatrists has also been updated and some
curriculum proposals for psychiatric nurses – there is a working group and a program of
technical assistance through World Health Organization – have been issued as well as
proposals for regulating the professions of psychotherapist, occupational therapist, clinical
psychologist.
Referring to the financial measures, the budget allocated by the Ministry of Health for the
medical assistance for persons with psychiatric disabilities increased from 0.5 million euro in
2005 to 2.8 millions euro in 2006. Up to now, in addition to the 1.35 million euros for the 12
laboratories on mental health, the Ministry of Health allotted 540.000 euros to the psychiatric
sections from 6 hospitals. A Memorandum regarding the financial needs of the psychiatry
system was presented to the Romanian Government which propose the allocation of 278
millions euro in the next 3 years for investments in mental health services.
In order to observe human rights in psychiatric institutions, the following measures have
been adopted:
-
Nominating the psychiatric units where non-voluntary admissions can be done;
-
Employing a social worker for each psychiatric unit to monitor the patient rights (Order
no. 288/2006 above-mentioned);
-
Completing protocols with NGOs for common visits in psychiatric hospitals;
-
Developing programs against social exclusion – 2 workshops with journalists have
already taken place;
35
-
Measures for improving the living conditions in hospitals – funds allocated in 2006 for 7
hospitals with most urgent needs.
A collaboration Protocol between the MS and MAI (MAI Protocol no. 1343/19.06.2006 and
Ministry of Health Protocol no.934/22.06.2006) was signed for the enforcement of the
provisions of Law no. 487/2002 on mental health. The protocol defines the instruments of
cooperation between the two ministries for preventing and fighting against the antisocial
actions of the persons with serious mental disabilities.
Regarding the restitution of properties, up to present, EGO no. 209/2005 was adopted by
the Chamber of the Deputies in its meeting of 14 June 2006. The main provisions introduced
by the emergency ordinance concern the strengthening of the sanctions applied to the
entities invested with solving the notifications in administrative procedure established by Law
no. 10/2001, if there is any infringement of the obligations stipulated by law. As well, several
completions were brought to Title VII of Law no. 247/2005 - The regime of establishment and
payment of compensations for the real estates abusively taken, with a view of simplifying the
assessment procedures of the real estates, which are the object of solicitations of restitution
in kind. Following the publication of the Law on approval of EGO no. 209/2005, the draft of
the Government’s Decision for the approval of the new methodological norms of application
of Law no. 10/2001 will also be submitted for approval.
GD no. 527/2006 (OJ no. 388/05.05.2006) was adopted regarding the approval of the
framework contract and the fees granted to the authorized evaluators, natural or legal
persons, in order to elaborate the assessment report of the real estates according to Title VII
from the Law no. 247/2005.
Regarding the stage of enforcement of Law no. 10/2001, until the end of May 2006, 203,617
notifications were filed at country level, out of which 71,143 have been solved so far, as
follows: 13,055 notifications solved through restitution in kind, 1,416 notifications solved
through compensation with other goods or services, 2,846 notifications solved through
combining the reparatory measures, 23,697 notifications solved through equivalent restitution
which will be capitalized according to Title VII of Law no. 247/2005 – titles of compensation
at „Property” Fund. Other 30,129 notifications have been solved through disposition of
rejection of the notification. Following the administrative procedures of restitution, 3,986
persons are already owners of nominal value titles issued by the Ministry of Public Finances
and approximately 1000 entitled persons have subscribed to offers of capital available for
privatisation through restitution. Thus, if in February last year, approximately 30,000
notifications were solved according to Law no. 10/2001, at this moment the number has
doubled, reaching over 71,000 solved notifications.
The Secretary of the Central Commission for the Establishment of Compensations
centralized up to the present 19,000 files from 42 counties where compensations have been
proposed /granted and from firms, central public administration authorities, regies autonomes
invested to solve the restitution applications according to Law no. 10/2001. Up to now, the
Central Commission approved approximately 1,300 decisions for converting the nominal
value titles into compensation titles and 25 decisions for granting compensation titles to the
former share holders to nationalized companies, the value of the issued compensation titles
being of 130,333,407 RON. Of these, in the session, which took place in May 2006, 566
applications were on the agenda of the Central Commission for approval, dealing with the
conversion of nominal value titles into compensation titles. In the same session, a decision
was taken to submit the first files of compensation to the designated evaluators or
assessment companies. The Central Commission for the Establishment of Compensations
analysed during its July session, more than 700 applications for conversion of nominal
values titles in compensation titles. The rhythm of solving the applications submitted by the
former owners has improved.
The stage of application of the laws regarding the land fund, until 30 November 2005,
approximately 620,000 restitution applications had been submitted according to Law no.
247/2005. Until 1 June 2006, approximately 470,000 applications had been solved by the
36
local commissions and approximately 103,000 applications had been validated by the county
commissions. Thus, approximately 500,000 hectares (ha) were validated by the county
commissions, out of which: agricultural land – approximately 150,000 ha of which agricultural
land on the old location – 70,000 ha; forest land - 340.000 ha of which forest land on the old
location – 300,000 ha. Approximately 20,000 applications were validated for compensations,
for a corresponding surface of 35,000 ha. Also, approximately 400,000 ha were put in
possession, approximately 1,000 titles were revoked and for approximately 900 titles the
absolute nullity has been invoked.
Regarding the restitution of the real estates, which belonged to the religious denominations,
14,716 restitution applications had been submitted by the religious denominations in
Romania by the end of the established deadline (25 January 2006). Until now, the Special
Commission has solved 1592 restitution applications concerning real estates, which
belonged to the religious denominations. The rhythm of solving the restitution applications of
the real estates belonging to the religious denominations of Romania is slowed down by the
insufficient evidence, documents which have not been submitted by the representatives of
the claiming denominations for sustaining the applications. The majority of the files contain
only the application or, in this situation, the Special Commission of retrocession is in
impossibility to issue restitution decisions because the burden of proof belongs to the
claimant.
Regarding the restitution of some real estates, which belonged to the national minorities
communities from Romania, 2154 applications were submitted by the end of the deadline for
submission of the applications (25 January 2006). The solving procedure of these
applications has already started, and up to this date all the applications have been analysed.
The Special Commission has solved 79 applications. The number of restitutions is reduced
because the persons who pretend to be entitled to restitution have not submitted the
evidence documents stipulated by law.
The amendments to the Criminal Code and Criminal Procedure Code, adopted by the
Parliament on 6 June 2006, improve the framework related to the freedom of expression.
Thus, the free exercise of the right to opinion without fear of (penal) punishment is fostered,
by eliminating the crimes of insult and calumny. The provisions in force create an obvious
disproportion between the purpose of defending a person from any potential damage caused
by the exercise of the right to freedom of expression and the enforcement of a criminal
penalty. The crimes of communication of false information and defamation of the country and
nation are also eliminated. The crime of actions against the constitutional order propaganda
in favour of a totalitarian state will be incriminated only if expressed against the principles of
pluralism and rule of law and if it poses a real danger to the democratic state.
With regard to the situation of the files of assaulted journalists for actions carried out in
connection with their professional activity, two criminal files have been solved. The authors
were identified, and for both cases a common file was set up; the file has been sent to the
Buftea court, for assault and other violence. There are still 4 cases from previous years,
which are currently under finalization.
With regard to improving transparency in the public administration field, the Agency for
Governmental Strategies (ASG) organized on 25-28 May 2006 a seminar with
representatives from central public institutions responsible with the application of Law
544/2001 concerning the free access to public information. The topics of the seminar
concerned the improvement of the public information activity in Romania. The main data of
the indicators for monitoring Law 544/2001, as well as their relevance were also presented
during the seminar. ASG also organized three seminars for evaluating and improving the
enforcement of Law 544/2001 regarding the free access to public information and of Law
52/2003 concerning the decisional transparency in the public administration at central and
local level (16-18 June, 23-25 June, 30 June – 2 July). The seminars were targeted to the
persons responsible with the implementation of the laws in public administration, as well as
to NGO’s.
37
During the reporting period, Ombudsman’s activity consisted of 889 settlement of
complaints addressed by individuals from Romania and abroad; making 2 ex officio
investigations following articles published in newspapers; 4 inquiries concerning the
examination of the enforcement of the legal provisions, regarding the right to life, physical
and mental integrity, the right to a decent living standard, the right to protection of children
and youth, provided by art. 34, art. 41, art. 44, art. 47, art. 49 and art. 51 from the Romanian
Constitution; 1 recommendation, with regard to the infringement of the right to a decent living
standard and the right to protection of children and youth provided by art. 47 and art. 49 from
the Romanian Constitution; 398 points of view regarding the objections of unconstitutionality
of laws and ordinances referring to individuals’ rights and freedoms, communicated to the
Constitutional Court.
Out of the total number of the investigated petitions (889 petitions), approx. 60% of the cases
concerned a possible violation of the right to a decent standard of living (article 47 in the
Romanian Constitution), the right to petition (art. 51 from the Constitution), private property
(art. 44 from the Romanian Constitution), the right to information (art. 31 from the
Constitution). The other petitions concerned a possible violation of the principle of free
access to justice, principle of equal treatment (art. 16 from the Romanian Constitution), right
to protection of health, right to the protection of children and young people, right of protection
of disabled persons.
For a better understanding of the Ombudsman’s role and powers, a brochure was published,
containing the Law no. 35/1997 on the organization and functioning of the Ombudsman
institution and its organizing and functioning regulations, as well as a quarterly informative
bulletin on the institution’s activity and on the cases solved through the Ombudsman’s action.
These informative materials were distributed free of charge to individuals as well as to the
local and central public administration authorities (ministries, prefects, mayors, county
councils and municipalities).
Actions for promoting the rights and protection of minorities continued. Regarding the
draft law on the statute of national minorities, since February 2006 until present, 17 articles
and 2 paragraphs of the 18th article have been agreed, out of the 78 included in the draft
law. Approximately 800 amendments proposed by the deputies will be discussed within the
three commissions, which are to approve the draft law, after which the text will be discussed
in the plenary session of the Chamber of Deputies.
In order to increase the administrative capacity of the Department for Interethnic Relations
(DRI), its budget has been supplemented by 1,000,000 RON from the budgetary reserve
fund of the government, through GD no. 611/10.05.2006 (OJ no. 420/16.05.2006). The
supplementary funds are earmarked for financing a higher number of inter-ethnic and fight
against intolerance projects.
Concerning the promotion of diversity and communication through inter-ethnic projects, DRI
issued a call for proposals for 2006 for inter-ethnic and fight against intolerance projects, for
which 150 financing applications were received. 130 projects were selected for one year
financing. The areas covered by these projects include education, culture, youth, rights
awareness raising, and enhancing public participation. In the first half of 2006, 40 projects
have been finalized, of which 10 initiated by DRI and the others by various NGOs.
The Chamber of Deputies adopted on the 27 June 2006, the draft Law for modifying and
completing the Government Ordinance no.137/2000 on preventing and sanctioning of all
forms of discrimination, which was previously adopted by the Senate on the 10 April 2006.
The modifications to the law aim to extend the criteria of discrimination, the clarification of the
organization of the National Council for Combating Discrimination, the status of the
documents issued by this institution. By this regulation, the National Council for Combating
Discrimination is the state authority in the field of discrimination, autonomous, with legal
personality and under Parliamentary control. The Council is as well the guarantor of
respecting and applying the principle of non-discrimination in conformity with the internal
legislation and the international Treaties to which Romania is part. At the same time, the aim
38
was to confirm the free access to justice for the persons complaining of a discrimination
action and to reverse the burden of proof. In conformity with the draft Law, the interested
person has the obligation to prove the existence of some activities, which allow alleging the
existence of a discrimination offence, and the alleged offender has the obligation to prove
that the acts are not discriminatory. As well, the amount of the fines for discrimination
offences was increased. The fines range now between 400 and 4,000 RON, if the
discrimination concerns a natural person and between 600 and 8,000 RON, if the
discrimination concerns a group of persons or a community.
The Government Strategy for improving the Roma Situation (GD no. 430/2001) was modified
and completed, being adopted in the Government meeting on 19 April 2006, through GD no.
522/2006 (OJ no. 371/28.04.2006). The Strategy is accompanied by a general Plan of
Measures for 2006-2008.
The specific attributions of the implementation structures of the Government Strategy were
determined within the seminar “Community Diagnosis and Social Intervention in Roma
Community“ organized by the National Agency for Roma (ANR) in partnership with the
Agency for Governmental Strategies during 23-25 June 2006 (at the central level the
Ministerial Commissions and the working group for public policies for Roma people, at county
level county offices for Roma and at local level the local experts on Roma issues). Also, in
order to implement the National Strategy, employees from ANR were delegated in the
Ministerial Commissions for Roma, set up within the line Ministries that signed the Strategy.
The role of the ANR employees is to ensure the sectoral expertise and to improve the activity
of the Ministerial Commissions, according to the Government Strategy.
In order to consolidate ANR’s administrative capacity, a strategy for developing the regional
structures for 2006 has been elaborated. The strategy is available on www.anr.gov.ro. During
5-10 June, three ANR employees (the Economic and Public Policies Departments)
participated in training courses on financial management organized by the World Bank in
Turkey.
A new working methodology for SGG, ANR and MAI has been set up in order to coordinate
ANR’s county and regional structures; a new method of financing the local communities
development projects has been identified and elaborated by ANR and its strategic partners
during 2006 on the basis of the study "Roma social mapping" published by ANR and the
World Bank. Thus, in the reference period, 8 other community development programs were
elaborated.
Regarding the Hadareni program, the methodology for its implementation was agreed on 17
May 2006 by all the institutions involved. The next step is the elaboration of the common
order for the approval of the Operational Manual of the program.
On 12 May, the Romanian Government signed the Memorandum for contracting a loan from
the International Bank for Reconstruction and Development, amounting to 58.5 millions USD
(47.2 millions euro). The IV component "Rising capacity for social inclusion of Roma"
amounting to 800,000 euro, will be implemented by ANR in collaboration with MMSSF.
ANR’s objective for this program is to create a department of monitoring the social inclusion
of Roma, simultaneously with the reinforcement of the capacity to access the structural
funds. The priory intervention component of the program, amounting to 11 million euro, will
be implemented by the Romanian Fund for Social Development in collaboration with ANR
and will grant funds for poor Roma communities for small infrastructure projects – roads,
water supply, sanitation system, as well as for local community services (education, health
care and social assistance). The inclusive education component, amounting to 6.1 millions
euro, will be implemented by the Ministry of Education and Research in collaboration with
ANR and is focused on increasing the access to education for children between 3 - 6 years,
including children belonging to disadvantaged groups, as Roma ethnic.
Regarding the multiannual Phare program 2004-2006 “The consolidation of the institutional
capacity and the development of the cooperation for the improvement of Roma situation”, an
Implementation Unit has been settled within the SGG. Moreover, a Coordination Committee
39
for Phare program has been created by Prime Minister’s Order no. 41/13.04.2006 in order to
implement the sectoral program. A meeting of this Coordination Committee of the Phare
program for setting up the main responsibilities in coordination and implementation of the
Program took place on 26 June 2006.
During the reference period, the implementation has continued of the project RO-2004/016–
772.05.01.02 - RO2004/IB/OT08 “Assessment of the Health Status of Roma and the Related
Health Care Needs”, initiated by the Ministry of Health in cooperation with ANR. The general
objective of this project is to improve the access to health services for members of the Roma
communities. On 14 June 2006, the Final Steering Committee took place and the Member
States experts presented to the participants the draft of the Action Plan. The same date, the
document was sent for comments and proposals to all the members of the Steering
Committee and to other relevant stakeholders. The Action Plan and the Assessment Paper
were presented to the final conference organized on 28 June 2006. At 30 June 2006, there
were 301 sanitary mediators within Roma communities, in 21 counties, benefiting from
monthly funds of 108,708 RON.
The final report for self-evaluation of Police activities in relation to Roma minorities was
drawn up, as part of the Cooperation Memorandum “Strategic initiative – Roma citizens and
the Romanian Police”, carried out in partnership with Romani CRISS and OSCE. During the
reporting period, 309 police staff from proximity structures and town police units from 11
counties were trained in 15 seminars on human rights, conflict resolution and preventing
discrimination, as part of the project “Developing the conflict-solving capacity of the
Romanian Police”.
Regarding the access to education of Roma people, the Ministry of Education and Research
has elaborated the Note no. 30884/13.04.2006, approving 2 distinct positions per class for
the Roma candidates to the admission for the 9th grade. Thus, approx. 3000 distinct
positions are established for the Roma children who have graduated the 8th grade.
Furthermore, 415 distinct positions (17 more than last year), were allotted to the Roma
candidates in different universities, for the 2006/2007 university year. For the same purpose,
some other measures are promoted, as follows:
-
Training 170 Roma school mediators within the educational PHARE Program “Access to
Education for the Disadvantaged Groups” (General Directorate for Pre-university
Education) in 22 counties and selecting, together with the County School Inspectorates
and the local Roma structures, other 200 potential Roma school mediators for the needs
of the other 20 new counties that will be part of this Program starting from 1 January
2007.
-
Financing during this year the elaboration by the Ministry of Education and Research of
new schoolbooks for the Romany language and literature (3 new school books – two
alternative school books for the 4th grade and one for the 9th grade). In the same time 5
schoolbooks initially printed in 2005 (4 for the Romany language and literature and one
for the Roma history and traditions) will be republished.
2.2. ECONOMIC CRITERIA
2.2.1. Macroeconomic Developments
Recent macroeconomic performances
After a decrease of economic growth in 2005 as compared to 2004, to 4.1%, respectively, on
the background of extremely difficult internal and external conditions, this year gross
domestic product rose again. The 6.9% growth rate of GDP in the 1st quarter 2006 represents
the highest increase for this period ever registered in the last years (6.2% in the 1st quarter
2004 and 6% in the 1st quarter 2005).
40
Evolution of the main indicators
- Percentage changes as compared to the corresponding period of
the last year, unless otherwise indicated
2004
2005
Trim.I
2006
GDP growth, in real terms
8.4
4.1
6,9
Industrial production
5.3
2.0
3.58
Final consumption
11.9
8.5
10.2
Gross fixed capital formation
10.8
13.0
11.4
Domestic demand
12.1
8.3
10.1
Inflation rate
•
Annual average
11.9
9.0
7.989
•
December/December
9.3
8.6
2.5210
Unemployment rate – end of period
6.3
5.9
5.511
General consolidated budget balance, % of GDP
-0.4
-0.4
-
Exports of goods and services
13.9
7.6
13.0
Imports of goods and services
22.1
17.2
18.7
Current account balance, % of GDP
-8.4
-8.7
-9.1
-5.1
-6.9
-2.512
18.4
18.2
16.7
18.3
24.4
24.513
Billion EUR
MTL external debt
- rate of external debt service, %
(external debt service/exports of goods and services)
- MTL external debt – end of period, Billion EUR
The economic growth registered in the first part of the year is more significant as agriculture
continued to register a decrease of gross value added. From a qualitative point of view, the
sustainability of economic growth has improved. Thus, the structure of growth factors was
improved. The dynamic of gross fixed capital formation was superior to that of final
consumption, the latest being below the registered level in the 1st quarter of the last two
years.
At the same time, the negative contribution of net exports has been reduced from 5.9
percentages in the 1st quarter 2005 (5.7 percentage in the 1st quarter 2004) to 4.1
percentages in the 1st quarter 2006.
After its peak in 2005, investments continued to register high growth levels, which
significantly increased their contribution to real growth of gross domestic product.
Gross fixed capital formation increased by 11.4% and has been reflected in its increasing
contribution to GDP growth by 1.8 percentages as compared to 0.8 percentages in the 1st
quarter 2005. This evolution was exclusively due to the private sector’s contribution whose
investments increased by 21%. These investments were mainly oriented towards acquisition
8
9
4 months 2006/4 months 2005
5 months 2006 / 5 months 2005
10
May 2006/December 2005
11
May 2006
12
13
4 months 2006
4 months 2006
41
of tools and transportation means, representing 56.8% of the investment volume achieved in
the 1st quarter 2006.
Household’s actual individual consumption increased by 10.9% (12.5% in the 1st quarter
2005), this representing a reduction of its contribution to GDP real growth from 10.3
percentage points in the 1st quarter 2005 to 9.2 percentage points in the 1st quarter 2006.
Nevertheless, it should be mentioned as a potential risk factor the fact that the purchasing of
goods for household consumption registered superior rates as compared to the 1st quarter
2005, in the disadvantage of service’s consumption.
Government’s actual collective consumption increased by 4.3% in the 1st quarter 2006,
as compared to the same period of 2005, mainly due to expenditures related to the
amplifying process of institutional building and improvement of the public administration
performance in the context of assuming the acquis communautaire. Increased expenditures
were made in education and health sectors, as well. Though total consumption from
budgetary sources reveals their diminishing tendencies, this corresponds and is the direct
result of budgetary policy of restriction current expenditures and increasing the capital ones.
Net exports have reduced their negative contribution to GDP growth to 4.1 percentages as
compared to 5.9 percentages in the 1st quarter 2005. While exports of goods and services
had a real increase by over 4 percentage points as compared to the 1st quarter 2005 (13% as
compared to 8.8%), imports of goods and services registered an increase comparable to the
one in the 1st quarter 2005 (18.7% as compared to 18.4%).
Gross Domestic Product in the 1st quarter
- Percentage change as against the 1st quarter of the previous year -
2004
2005
2006
11.4
11.0
10.1
11.7
11.9
10.2
- Household’s actual individual consumption
12.2
12.5
10.9
- Government’s actual collective consumption
6.6
5.8
4.3
Gross Fixed Capital Formation
10.5
5.2
11.4
Changes in inventories a)
-0.1
0.2
-0.3
-5.7
-5.9
-4.1
Exports of goods and services
14.8
8.8
13.0
Imports of goods and services
25.0
18.4
18.7
Gross Domestic Product
6.2
6.0
6.9
Agriculture
5.8
1.8
-5.3
Industry
6.1
5.2
4.8
Construction
7.0
3.8
20.4
Services
6.1
6.2
6.8
Net Taxes
6.2
8.3
11.7
Domestic demand
Final consumption
Net exports a)
a) Contribution to GDP real growth
Source: NCP computation based on NIS data.
On the supply side, in brief, the main characteristics of the evolution of the first part for the
year 2006 were the following:
-
If we refer to the main activities demanding conditioned, industry and construction,
respectively – they respond much better to the demand.
42
-
The sudden improvement of industrial sector manifested in the last quarter of the
latest year has amplified, making possible for the gross value added of the 1st quarter
2006 to be comparable to the one of the 1st quarter 2005 (4.8% as compared to 5.2%);
briefly, the evolution of the first part of the year confirms that the reducing amplitude of
industrial output growth in the 2nd and 3rd quarter 2005 was mainly a conjunctural fact.
Such a conclusion resulted also from the conjunctural surveys of National Commission
for Prognosis.
-
Constructions have had a more than outstanding increase (20.4% increase of gross
value added), mainly due to new construction works that increased by 23.3%. This
evolution is as significant as it was registered in a period of less favourable climate
conditions for construction activity.
-
Agriculture, a branch that is being affected by the unfavourable influence of several
factors, among which the emergence of new bird flu areas, registered a decrease of
gross value added on the background of high intermediary consumption. Under these
circumstances, if we eliminate this sector from the domestic supply, it results that the
gross domestic product registered an increase of 7.4% as compared to 2005.
-
Domestic production improved its exports supply, making possible a two-digit real
growth rate of exports in the 1st quarter 2006, by 13% respectively, as compared to 8.8%
in the 1st quarter 2005;
-
At the same time, the evolution registered in the first part of this year, reveals a significant
enhancement of the Romanian exports’ structure, the share of the machinery and
equipment industry products, highly complex increasing substantially.
Recent sectorial developments
The sectoral trend in the first part of the year can be positively appreciated based on both the
registered level and mainly due to structural changes that sustained the economic growth.
The structural evolution can be briefly described as follows:
-
Industry is relaunched after the conjectural decline in the second half of last year. Its
dynamic is sustained more and more by the machine-engineering branch. The structural
modernization of manufacturing is sustained also by the different trends of some sectors.
In this respect, it should be mentioned the fact that the means of road transport industry
registered about 17% growth as compared to the light industry output that maintained its
last years’ trend by declining its activity volume by 9.5%. Moreover, it should be
mentioned the production growth for some activities directly connected to the household
consumption, this reflecting a better response of these branches to the demand needs.
Example is given by the furniture industry (+13.8%) and the food and beverages industry
(+12.1%). The segment of durable goods industry had a major contribution to activate the
industrial production. This sector increased its production rate (13.8%), based on both the
growth of domestic market demand and on expanding deliveries on external market. This
growth was sustained, also, by the growth registered for current use goods industry and
capital goods (+7.6% and +6,0%, respectively).
-
Services maintain their growth trend, the increase of 6.8% in the 1st quarter 2006 being
comparable to the increase of 8.1% recorded for the year 2005.
-
Touristic activities relaunch continues, even if the floods and the bird flu affected the
tourism inflows to some areas of the country. In the 1st quarter of 2006, as compared to
the same period of the previous year, the number of tourist arrivals in tourist
accommodation rose by 10.8%. Out of these, the number of Romanian tourist arrivals
increased by 10.4% and the number of the foreign ones by 12.1%. The share of the
foreign tourists in total arrivals in the hosting units was 21.3%. The number of the total
staying over night in the tourist accommodations grew by 1.7%, provided that the number
of staying over night of the Romanian tourists has diminished by 0.3% and that of the
foreign ones augmented by 11%. The revenues, in foreign currency, from tourism
43
services, reflected in the foreign balance of payments, grew by 23.4%, totalising EUR
158 million in the 1st quarter of 2006.
-
Constructions became the most dynamic sector with 17.2% growth in the first 4 months
of 2006 (as compared against 2.3% in the first 4 months of 2005). This trend is
furthermore significant as it induces a positive effect on industrial production. In the first 4
months of 2006, the construction activity has grown by 17.2%, which means about 8
times multiplication as against the same period of 2005, when the growth in real terms
was only 2.3%. By construction activity types, even greater growth was registered in
engineering construction, by 24.5% respectively (12.4% in the same period of 2005).
Because of wintertime, lower growth was registered in building construction activity
(dwellings and other residential buildings, non-residential buildings). The residential
building works, which represent about 15% of the construction works value, have grown
by 9.5% in the first 4 months of 2006 (-5.2% in the first 4 months of 2005). The lowest
growth, by 6%, respectively (-10.6% in the same period of 2005), was registered for nonresidential buildings works (their rate in construction activity is about 44%).
After a slowdown of disinflation process in 2005, the consumer prices increased by 2.52%,
as compared to December 2005, being by 1.28 percentage points below the level registered
in the similar period of the previous year.
External sector
In the first 5 months, the exports of goods (EUR 10.4 billion) outpaced the growth
registered in the same period of the previous year by 2.7 percentage points, registering
19.8% increase. The monthly average of EUR 2.08 billion was by EUR 340 billion superior
to the one registered in the first 5 months of 2005. This evolution is mainly due to increasing
exports of machinery and equipment industry products (+48.6%), mineral products (+46,9%),
chemical products (+16,9%), as well as food products (16.2%). The increasing of exports
was possible due to increasing foreign demand for products with higher value added such
as: autovehicles which increased by 76.7%, machinery and mechanical equipment by 54.3%
as well as for several intermediary goods and agro-food products. The light industry products
registered a decrease by 0.5 percentage of export’s growth, the share of light industry in total
export decreasing from 26.1% in the first 5 months (1st place in total, as share) to 22.0% in
the first 5 months in 2006 (2nd place, after machinery and equipment industry products).
Two aspects have to be mentioned with reference to the structure of exports: (i) the
expansion of the share of final exports in the total value (from 52.5% in the first 5 months
2006 to 53.5% in the analysed period) on the background of limiting the exports of goods
processed in the lohn system and (ii) the structural improvement of exports by increasing the
share of the machinery and equipment industry from 24.5% in the first 5 months 2005 to
30.4% in the first 5 months 2006 due to the higher exports rhythm (3 times more than in the
same period of 2005). Consequently, this merchandise group registered an upward share,
from 25.5% up to 27.4% relative to the higher processing products degree (machinery,
equipment and transportation means).
In the first 5 months 2006, the imports of goods registered a dynamic of 26.2 percent as
compared to 2005, reaching EUR 15 billion, by EUR 4.6 billion greater than the one of
exports, in the same period of time. The monthly average was about 3 billions euro,
compared to 2.4 billions euro registered last year. The increase in imports was mainly
determined by the on-going modernization process and the augment of the energy imports
value due to the boosting oil and natural gas prices, as well of the increasing demand of
households for long-lasting goods. Imports’ evolution was mainly due to import increase of:
machinery and equipments industry by 32%, mineral products by 39.7%, food products by
28.3%, wood products including furniture by 24.9% and base metals by 24.8%.
As the imports growth rate was greater by 6.4 percentage points than the exports growth
rate, the trade balance deficit (FOB-CIF) rose by 43.3% as compared to the same period of
2005.
44
The exports towards EU countries totalled EUR 7 billion, higher by 16.6 percent compared
to the same period of the previous year. The augmentation of the exports dynamics was 6.6
percentage points compared to the dynamics of the first 5 months 2005. The imports of
goods from EU countries, in amount EUR 9.2 billion, were higher by 23% as compared to
same period of the previous year.
The share of exports towards the EU in total exports was 67%. The main export partners
remain Italy (18.3% of total exports), Germany (14.6%), France (7.4%), Hungary (4.9%) and
the UK (4.7%). Their shares sum up more than two thirds out of the exports towards EU.
Over the same period, the share of imports from the EU reached 61.3%, lower by 1.7
percentage points as compared to the level recorded in the first 5 months of 2005. The
greatest share in imports was hold by the machinery and equipment imports (41.6%) with a
value increased by 34.2% as compared to the first 5 months 2005.
The main import suppliers from UE were Italy with a share in the total exports of 15%,
Germany with 14.3%, France with 6.7% and Austria with 3.9%.
Following the same trend of 2005, the level of employment has increased in 2006. In this
way, at the end of April 2006, the employee’s number was 4,589.7 thousand persons,
greater by 0.9%, as compared to April 2005. As compared to December 2005, the increase
was by 2.0%, of which the greatest increase (4.0%) was in the service sector. At the same
time, it was registered a reduction in the employee’s number in agriculture and construction;
this tendency was influenced by the unfavourable climate conditions, as well.
In May 2006, the registered unemployed (481 thousand persons) and unemployment rate
(5.5%) were at lower levels as compared to both levels of December 2005 (523 thousand
persons, by 5.9%, respectively), and of May 2005 (496 thousand persons, by 5.6%,
respectively). The share of women in total unemployment has been reduced from 41.1% in
May 2005 to 39.9% in May 2006, and women unemployment rate from 4.8% to 4.6%.
The gross average salary earning cumulated over the first 5 months 2006 was RON 1089,
by 16.9% higher as compared to the corresponding period of 2005. The level of average net
salary was RON 819 as compared to RON 714. During the same period, real salary
increased by 6.2% as compared to 13% in the corresponding period of the previous year.
Monetary and exchange rate policy
In March 2006, the NBR reiterated its commitment to tighten the monetary conditions, in
response to larger-than-expected increase in excess demand in 2005 Q4 and also to the
consequent risk of extending the time horizon needed for the positive output gap to be
eliminated. The NBR’s concern about the rise in GDP positive deviation has been
augmented by the fact that this occurred in spite of protracted supply-side shocks (the
decline in agricultural output and the relative deceleration of growth rate of industrial
production), thus magnifying the potential inflationary pressures stemming from this specific
economic growth pattern. Similarly to 2005 Q3, the inflationary pressures induced by the high
rate of growth in main aggregate demand components were only partially offset by the steep
decline in stocks and also by the widening trade deficit.
These pressures were mostly fuelled by the private consumption; although its expansion
recorded a slight slowdown (which can be mainly attributable to the decline in selfconsumption and consumption of home industry goods), the annual growth rate of household
purchases of goods surpassed that recorded in 2005 Q3. Moreover, the relevant indicators
developments during the first months of 2006 illustrated that there is still a risk that
consumption exuberance may persist over the coming period. Thus, despite the slowdown in
the real growth rate of household disposable income, the turnover of the retail companies
(except trade of motor vehicles and motorcycles) gathered pace markedly in January-March
2006; however, this was correlated with the accelerated expansion in household RONdenominated credit and also with the resumed tendency of erosion of household bank
savings. From this perspective, by keeping a tight stance of monetary policy, the central bank
45
aimed at dampening the demand for domestic currency denominated loans, while stimulating
the demand for domestic currency for saving purposes.
Similarly to the previous periods, monetary policy tightening was also directed towards
containing the impact of supply-side shocks, primarily consisting of adjustments in
administered prices but also of rises in volatile prices. The significant price adjustments
made by Romanian authorities during the first months of this year (the hikes in natural gas
and electric energy prices, with 17.2 percent and 1.9 percent respectively in January) had an
important direct effect, leading to a temporary halt in the downtrend of annual rate of inflation
(which rose to 8.9 percent in January). Another cause for this rise was the increase in volatile
prices, which continued to reflect the impact of the shortfall of agricultural output in 2005.
However, the annual rate of inflation downtrend resumed thereafter, dropping to 6.9 percent
in April 2006, 1.7 percentage points lower against December 2005 (also due to a base effect
in April).
In the March-April period, monetary policy tightening was mainly achieved by the
strengthening of monetary control. Thus, the central bank gradually increased the role of
one-month deposits in its liquidity-absorbing operations, so that the average stock of these
instruments reached in April almost 69 percent of the monthly average volume of banks’
holdings with the NBR; as a result, banks’ recourse to the deposit facility lowered to
insignificant levels, a behaviour relatively similar to the one traditionally displayed.
Meanwhile, with a view to increase the effectiveness of monetary control, the central bank
decided to standardize the frequency of its term-deposit auctions (once a week). On this
background, the average interest rate on banks’ holdings with the NBR continued to rise,
inducing a similar trajectory for inter-bank deposit rates.
The upward trend of money market interest rates overlapped with a period generally
characterized by a growing interest of global investors in increasing their exposure to the
Central and Eastern European markets, which materialized into a resurgence of short-term
capital inflows on the Romanian market. The average daily volume of non-residents’
transactions on the domestic forex market in January-April 2006 was 1.7 times higher than in
2005 Q4, so that, in spite of the steep deterioration of the trade balance, the domestic
currency posted a nominal appreciation against the EUR during this period (4.8 percent),
which contributed to the relative tightening of monetary conditions.
In spite of consolidation of the upward trend in average interest rate on banks’ holdings with
the NBR, bank-lending rates continued their decline until February; after a rise posted in
March, the downward move resumed the following month, as a consequence of fiercer
competition among the credit institutions. The easing of terms for loans granted by credit
institutions continued to bolster the demand for RON-denominated credit, so that the annual
growth in real terms of its volume gathered pace, reaching 83.1 percent in April, from an
average of 49.6 percent in 2005 Q4 and 70.1 percent in 2006 Q1. The measures adopted by
the NBR with a view to limit the expansion of foreign currency loans proved however to be
more effective and under their impact the annual growth of foreign currency denominated
non-government credit (expressed in euro) dropped to 32.9 percent in 2006 Q1 and to 27.4
percent in April (from an average of 46.5 percent in 2005 Q4). Consequently, starting with
March 2006, RON-denominated credit reached for the first time in the last decade the
majority share of total non-government credit.
A clear upward trend was not visible neither in the case of interests on household RONdenominated term deposits. In these circumstances, the balance of household domestic
currency denominated savings suffered a severe decline, its annual growth in real terms
plunging from an average of 15.6 percent in Q4 2005 to 9.2 percent in January-March 2006
and to 6.7 percent in April 2006.
The monetary expansion also posted a relative slowdown compared to the final part of the
preceding year, however of a smaller amplitude (from 28.6 percent in 2005 Q4 to 21.5
percent in Q1 2006); this was mainly due to a base effect, but also to other factors’
influences (the slowdown in the growth of net foreign assets of the banking system as well as
46
the decrease in the RON-denominated value of foreign currency liabilities as a result of
domestic currency nominal appreciation against the euro). After two consecutive months of
decline, the annual growth of broad money rose slightly in April, but remained however below
its average level recorded in the first quarter.
The May update of the medium-term macroeconomic projection revealed that during the next
months of 2006 the inflation trend will lie above the previously forecasted level. This upward
revision is explained mainly by the increase in indirect taxes on tobacco and alcohol in 2006
Q2, accompanied by worsening inflation expectations. Excess demand will also continue to
exert additional inflationary pressures. Its magnitude and persistence are expected to
increase compared with the previous forecast, partly due to a relative easing of fiscal policy
in the next quarters of the current year. Against this background, in its meeting of 11 May
2006, the NBR Board decided to maintain a restrictive monetary policy stance for a longer
period of time. Thus, the NBR Board decided to keep the monetary policy rate unchanged at
8.5 percent per annum and to continue its policy of firm money market liquidity control,
decisions which, on the background of a consolidation of disinflation, will increase the
tightness of monetary conditions.
Accordingly, the central bank continued during May to manage the liquidity in the banking
system in a rigorous manner, absorbing entirely the amounts offered by the credit institutions
at its one month deposit-taking auctions organized on a weekly basis. The consistency
manifested by the NBR in the sterilization of excess liquidity, together with the relatively
lower uncertainty of operators regarding the evolution of autonomous factors of liquidity led
to the consolidation of the upward trend in the average interest rate on banks’ holdings with
the NBR, the level of which rose by 0.2 percentage points as compared to April, being
virtually equal to that of the monetary policy rate. However, the average interest rate on interbank deposits stopped its rise, staying almost unchanged from the level recorded in April.
By contrast, the commercial bank rates on new loans and deposits continued to exhibit
divergent paths; while the average yield of deposits posted a slight rise, the average interest
rate on new loans maintained its downward move.
A notable change during this period was the trend reversal of the EUR/RON exchange rate,
with the domestic currency recording in May, for the first time in five months a depreciation in
nominal terms (0.5 percent) against the euro. The exchange rate movement was significantly
influenced by the unexpected radical nature of the change in investors’ sentiment towards
Central and Eastern European economies and financial markets. Nevertheless, the RON
depreciation against EUR was of smaller amplitude than those recorded by other currencies
in the region, a fact that can be partially attributable to the strong contraction of residents’
excess demand for foreign currency.
On this background, the exchange rate did not exert a significant impact on inflation
developments during May. The rise of month-on-month and 12-month inflation as compared
to April (from 0.42 to 0.6 and from 6.92 to 7.26 percent respectively) was exclusively due to
the enforcement of the “vice tax”, while the CORE2 inflation rate adjusted for the effects of
this tax continued its decline.
However, the inflationary potential of demand remained large, as revealed by the mentaining
of the household consumption at the high level; this was correlated with a significant growth
of non-government credit, especially of domestic currency denominated loans (the annual
growth of RON-denominated household credit reached 110.5 percent in real terms in May).
The risk of persistence of the relatively high excess demand and of its inflationary pressures
revealed by the above-mentioned developments, became even more conspicuous after the
government had announced its intention to relax the budgetary spending this year and to
adjust upwards, for the second time, the planned fiscal deficit (from 0.9 to 2.5 percent of
GDP).
The assessment by the NBR Board of this economic context revealed the necessity of
tightening the monetary policy, which would contribute, including through the impact on
inflationary expectations, to maintaining the disinflation on a path consistent with the
47
attainment of the 4 percent inflation target in 2007. Therefore, the NBR Board decided in its
meeting on June 27 to raise the policy rate by 0.25 percentage point, to 8.75 percent.
Moreover, in order to supplementary tame the growth of non-government credit, especially of
domestic currency denominated loans, the Board decided to increase the minimum reserve
requirements ratio on RON-denominated liabilities from 16 percent to 20 percent, starting
with the July 24 – August 23 2006 maintenance period. The effectiveness of these measures
is envisaged to be supported by the pursuance of the firm control of money market liquidity.
2.2.2. Assessment based on the Copenhagen Criteria
A. Achievement of macroeconomic stability, including
sustainability of public finance and current account
prices
stability
and
Taking into account the process of disinflation, which was constant in the past six years,
even though the external and domestic conjunctures were unfavourable, the perspectives of
inflation are encouraging. After a slight slowdown in 2005, disinflation re-gained pace in the
first months of the current year.
In the first four months of this year the annualised rate of inflation fell to a historical level of
6.92%, the deceleration of inflation being more visible in April, mainly due to a base effect
associated to the sharp growth of the natural gas prices as a result of the change of
timetable increasing the excise duties for tobacco goods and fuels, and the growth above the
level initially established as well.
At the end of May, even though the impact of introducing vice tax was lower than anticipated,
given the reduced level of inflation reached in May 2005, the annualised inflation reached
7.26% (inflation in May 2006 was 0.6% compared to 0.3% in May 2005).
Hence, the monthly average rate of the consumer prices (0.5%) in the first five months was
low by 0.3 percentage points than registered in the same period of the previous year.
The consumer prices show, in structure, that, in the first five months of the year, the non-food
goods had a significant contribution to their growth.
- Percent -
May 2005
May 2006
over December 2004
over December 2005
TOTAL inflation rate, of
which:
3.8
2.52
Food goods
1.0
1.83
Non-food goods
5.5
3.77
Services
5.9
1.00
As compared to December 2005, the consumer prices increased by 2.52%, being 1.28
percentage points below the level registered in the similar period of the preceding year,
difference which was due to the disinflation of the administered prices (3.35% as compared
to 8% in the corresponding period of the preceding year). The lower increase of the
administered prices in the first five month had as a main cause the nominal appreciation of
the national currency, reflected especially in the products which had prices related to the
European currency (telephone, medicines). They even registered a deflation as against the
end of the last year (-7.02% and -1.17%, respectively).
Budgetary policy
At the end of June 2006, the Romanian Government approved the second rectification of the
state budget for 2006, determined, mainly, by the necessity to allocate supplementary funds
to some public institutions, especially for capital expenditures, by the urgency of financing
investment project that have a major economic and social impact in the field of infrastructure,
48
education, health, environment, as well as by the aspects highlighted by the budgetary
execution during the first 5 months of 2006.
In this context, the budgetary indicators have been reviewed, materialized in:
-
Increasing of the general consolidated budget revenues by 2290.5 mil RON, respectively
0.7% from GDP, the supplementary influences estimated for revenues being, mainly, to
the tax on profit, tax on income, excises and custom duties;
-
Increasing of the general consolidated budget expenditures by 7367.5 mil RON,
respectively 2.3% from GDP, the funds being directed towards:
-
Financing of projects in the field of education, health, environment, transportation of
some projects from the rural infrastructure development program, considering the
economic and social impact of these projects on economic development;
-
Payment of salaries representing the second instalment from the salary differences
during October 2001 – September 2004 for the teaching staff from the state
education, payment of child care indemnity, pensions for farmers;
-
Increasing of the budgetary reserve fund at Government disposal for financing some
urgent or unforeseen expenditure, inclusively for the increase of the intervention fund
on Government disposal.
The main actions that benefited from budgetary funds on the budgetary rectification from
June were: transports (+0.5% from GDP), education (+0.4% from GDP), health (+0.4%
from GDP), public order and national security (+0.2% from GDP), agriculture (+0.2%
from GDP), insurance and social assistance (+0.2% from GDP) etc.
-
Increasing of the budgetary deficit from 0.9% GDP, currently, (estimated on the first
rectification) to 2.5% from GDP.
The modification of the deficit target is a decision determined, mainly, by the need of
ensuring an increased capacity of the estimated post accession EU funds absorption. This
assumes the starting from this year of the projects that will be financed from EU funds in
order to avoid possible problems in accessing them in 2007. This aspect takes into
consideration the difference between the moment of drafting and approval of the project and
the moment of its start, as well as the estimation of UE funds for the period 2007-2010, for
which co-financing from national public funds will be necessary.
-
The budgetary execution during the first 5 months of 2006 confirms the favourable
trends from the previous year, under the conditions of a positive general consolidated
budget balance, according to the operational budgetary execution, its share in the GDP
being 1.3% at the end of May 2006.
The budgetary execution during January – May 2006 was performed in the context of fiscal
policy measures’ continuity established at the beginning of 2005, being characterized by:
-
An ascending evolution of the budgetary revenues compared to the same period of the
previous year, recording a nominal increase of the general consolidated budget
revenues by 21.8%;
As a result of the increase of the general consolidated budget revenues, especially from tax
on income by 32.9% and from value added tax by 28.6%, the share of revenues in the GDP
increased by 1% compared to the correspondent period of the previous year.
-
Maintaining the general consolidated budget expenditure share in the GDP at the same
level as in the similar period of 2005, respectively 11.5%, representing a nominal
increase compared to the previous year by 12.6%.
Analysis of arrears registered to the general consolidated budget
The evolution of arrears recorded to the general consolidate budget during 01.05 30.06.2006 compared to the same period of the previous year is:
49
01.05.30.06.05
4.225,6
Arrears
1. Registered arrears
2. Collected recoverable arrears, out of:
-a) collections from exemptions
-b) collected arrears for which were
applied the enforcement measures
-c) collected arrears for which were not
started the enforcement measures
3. Total arrears (1-2)
- mil. RON 01.05.Differences
30.06.06
2006/2005
2.967,1
-1.258,5
2.136,8
3,7
2.111,5
0,3
-25,3
-3,4
595,5
627,1
31,6
1.537,6
1.484,1
-53,5
2.088,8
855,6
-1.233,2
During 01.05 - 30.06.2006 arrears in amount of 2.967,1 mil. RON were recorded, out of
which 2.111,5 mil. RON (71,2%) were collected in the same period, the remaining to recover
arrears afferent to this period in amount of 855,6 mil. RON (28,8 %).
Comparing the two periods results that, in the period May – June 2006 the level of the
arrears registered was reduced by 1.258,5 millions RON compared to the level of the arrears
registered in the same period of the precedent year, respectively by 30%.
Regarding the achievements from arrears, although those registered a light decrease, the
recovery degree in the period May – June 2006 was of 71,2% while in the similar period of
the year 2005 was of 50,6%. This aspect leaded to a significant decrease of the balance of
the arrears remaining for recovery in the amount of 1.233,2 millions RON, respectively by
59%.
Within the NATA, the budgetary arrears were monitored during the year 2006 both on total
and structure, respectively those from the balance of the previous year (2005) and those
made up in the current year (2006).
From 50.052,4 millions RON representing arrears registered at 30.06.2006, 36.539,3 millions
RON are arrears within the balance at 31.12.2005 and 13.513,1 millions RON are arrears
registered during 2006.
From the total amount of arrears recorded on 30.06.2006, 17.874,3 millions RON represent
unrecoverable arrears, both from the balance at 31.12.2005, and those registered during the
year 2006, for which were not started or continued enforcement measures, includes:
-
Arrears for which the enforcement was suspended according to the legal provisions
amounting of 15.391,9 millions RON (30,7% from the total of arrears);
-
Budgetary arrears under the incidental of some special laws in the amount of 2.482,4
millions RON (4,9%).
The achievements from the recoverable budgetary arrears realized until the 30.06.2006 were
in amount of 8.370,0 millions RON, which represent a percentage of 26,1% from the total
arrears, out of:
-
Achievements from the arrears for which were not started the enforcement measures,
amounting 5.807,8 millions RON (18,5%);
-
Achievements from the arrears for which were applied the enforcement measures,
amounting 2.433,1 millions RON (7,56%);
-
Achievements from the facilities to the payment amounting 129,1 millions RON (0,4%).
To this achievements, a total amount of 4.648,9 millions representing amounts collected
through other modalities RON are added.
At 30.06.2006, the arrears remaining to recover at the general consolidated budget were of
19.159,1 millions RON out of the arrears in the balance at 31.12.2005 amounting 14.139,1
50
millions RON (73,8%) and arrears registered during 2006, amounting 5.020,0 millions RON
(26,2%).
By the budgets, the situation is presented:
- Million RON Type of budget
State Budget
State Social Security Budget
Unemployment Security Budget
National Health Fund Budget
General consolidated budget
Arrears in the
balance at
31.12.2005
8.351,4
4.613,9
496,1
677,7
14.139,1
Arrears registered
during 2006
3.340,5
1.198,8
158,8
321,9
5.020,0
Total arrears
remaining to
recover
11.691,9
5.812,7
654,9
999,6
19.159,1
The fiscal claims collected at the general consolidated budget in the period May – June 2006
as a result of the application of the enforcement modalities were amounting 892,37 millions
RON, by 21,16% higher (155,85 millions RON) comparing with those registered in the similar
period of 2005.
The comparative data on the two months from the years 2005 and 2006 on enforcement
modalities, are presented in the table bellow:
- Million RON Modalities of
enforcement applied for
recovering of budgetary
claims
- Amounts paid after
communicating the formal
notice
- Amounts by
sequestration on bank
accounts available assets
- Amounts by
sequestration on revenues
(for third person)
- Capitalizing sequestrated
movable assets
- Capitalizing sequestrated
immovable assets
General total
Period
st
th
1 of May – 30
of June 2005
Period
st
th
1 of May – 30 of
June 2006
Differences
2006/2005
%
2006/2005
517,56
604,15
86,59
116,73
132,08
199,09
67,01
150,73
37,41
34,90
-2,51
93,28
6,49
27,94
21,45
430,29
42,97
26,29
-16,68
61,18
736,52
892,37
155,85
121,16
From the comparative data presented above it results that, in the period May-June 2006, an
increase of the fiscal claims recovered through the capitalization of sequestrated movable
assets was registered compared to the same period of the year 2005, respectively by over
330%. Also, the amounts realized by sequestration on bank accounts available of debtors’
assets were increased (by 50,73%).
Within the structure of collected tax claims, during 1.05 – 30.06.2006, amounting 892.37
million RON, a significant percentage had the payments made by debtors, as result of the
formal notices transmitted (67.70%) and the amounts from the sequestration created over
liabilities from the banking accounts of the debtors (22.31%).
On 30.06.2006, the stock of arrears to the general consolidated budget registered by the 328
companies monitored by the International Monetary Fund amounted to 3,148.2 mil. RON
(including the amounts converted into shares for 2004, as well as the amounts cancelled
through the special legal acts), smaller with 346.6 mil RON (9.9%) than the arrears
registered on 30.06.2005, which were amounting 3,494.8 mil. RON.
51
The situation of the obligations at the general consolidated budget, deducted on the 4
budgets, for the 328 companies with private and majority private capital, is thus presented:
- Million RON Type of budget
State budget
State social security budget
Health social security budget
Unemployment security budget
General consolidated budget
30.06.2005
598.7
695.1
46.3
83.1
1,423.2
30.06.2006
421.9
440.9
95.5
53.8
1,012.1
Difference
- 176.8
-254.3
49.2
-29.3
-411.2
From the data presented it observe that, the registered arrears by the companies with private
and majority capital (328) monitored by IMF, at the general consolidated budget, on
30.06.2006 compared to 30.06.2005, reduced with an amount of 411.2 mil. RON,
respectively 28.9% (with figures corrected with the amounts converted into shares for 2004,
and the amounts cancelled through special legal acts).
In accordance with the provisions of the Law no. 64/1995 on the judicial reorganization
procedure and bankruptcy, subsequently amended and completed, at the competent Courts,
during the second trimester 2006, a number of 715 introductory applications for small and
middle taxpayers with budgetary claims in a total amount of 258,9 mil. RON and 4
introductory applications for large taxpayers with budgetary claims in a total amount of 103,2
mil. RON have been submitted.
During the second trimester 2006, the amount of 38.5 mil. RON was recovered from the total
of 469.4 mil RON (8.22%), representing budgetary claims related to the small and middle
taxpayers being under bankruptcy procedure, in compliance with the provisions of the Law
no. 64/1995 and 303.1 mil. RON from the total of 2,503.2 mil. RON (12.11%), representing
budgetary claims related to the large taxpayers being under the same procedure.
Monitoring the arrears at the state economic agents or with majority state capital
Currently, 51 economic agents are monitored, compared with 72 economic agents initially
monitored, included in the List approved by the GD no.393/2004. The arrears evolution on
total, as well as at the consolidated general budget, by the line ministries and AVAS, during
30.04.2005 – 30.04.2006, is presented in the Annexes 1-2.
From the situation presented on 30.04.2006, by the line ministries and AVAS, for the
monitored economic agents, under the provisions of the EGO no.79/2001 for straightening
the economic –financial discipline and other financial provisions, have resulted the following:
-
The total arrears, in amount of 10405.8 million RON, registered a diminishing compared
to the program by 397.3 million RON, respectively by 3.7%;
For ministries and AVAS, the situation of arrears on 30.04.2006 is, as follows: MEC (Ministry
of Economy and Trade) – 67.1%, MTCT (Ministry of Transport, Constructions and Tourism)
– 21.3% and AVAS – 11.6%, as is resulted from the Annex 3.
The arrears situation on 30.04.2006 for ministries and economic agents is presented in the
Annexes 4 - 7.
-
The arrears to the state general consolidated budget
The arrears to the state consolidated general budget (without increases and/or delay
penalties) in amount of 2078.1 mil. RON, have registered an exceeding in amount of 17.8
mil. RON, respectively by 0.9% compared with the established program, in amount of
2,060.2 mil. RON, and compared with 31.12.2005 a reduction in amount of 33.3 mil. RON.
The arrears situation to the state general consolidated budget is presented in Annex 1.
On 30.04.2006, 51 economic agents were included under the monitoring action compared
with 72 economic agents included in the List approved by the GD no.393/2004, through
excluding out from monitoring 23 economic agents, as follows:
52
-
Privatisation of 3 economic agents under the authority of the Ministry of Economy and
Trade, respectively: SC DISTRIGAZ NORD SA, SC DISTRIGAZ SUD SA, SNP
PETROM;
-
Privatisation of an economic agent under the authority the Ministry of Transport,
Constructions and Tourism, respectively SC TRANSAUTO SA;
-
Privatisation of 12 economic agents included in the portfolio of the Authority for State
Assets Recovery, respectively: SC UCMR SA Resita, SC CSR Resita, SC RODIPET SA
Bucuresti, SC CAROMET SA Caransebes, SC ICMRS Galati, SC FAUR SA Bucuresti,
SC MOLDOSIN SA Vaslui, SC UZTEL SA Ploiesti, SC SEVERNAV SA Tr.Severin, SC
EXFOR SA, SC GES Boldesti-Scaieni SA si SC GRIRO SA Bucuresti;
-
The initiation of the voluntary liquidation procedure for a number of 6 economic agents
included in the portfolio of tha Authority for State Assets Recovery, respectively: SC
AMPELUM SA Zlatna, SC BRAFOR SA Bucuresti, SC TURNU SA Turnu Magurele, SC
I.A.I.F.O. SA Zalau, SC ROCAR SA Bucuresti si SC C.U.G. SA Cluj-Napoca;
-
The conversion in public institution of an economic agent within the Ministry of
Environment and Water Management, respectively the NATIONAL ADMINISTRATION of
ROMANIAN WATERS SA;
-
Introduction in the monitoring action of 2 economic agents starting January 2005,
respectively: SC TRACTORUL U.T.B. Brasov, economic agent included in the portfolio of
the Authority for State Assets Recovery and the Autonomous Administration of Land
Improvement, economic agent within the Ministry of Agriculture, Forests and Rural
Development.
Current account
Over the first four months of 2006, the current account deficit was approximately 57%
higher than the level recorded for the similar period of 2005, but sustainable, being fully
covered by foreign direct investments and being achieved in the conditions of deepening
deficit of trade balance (EUR -2.5 billion).
Income deficit reached EUR 0.8 billion, higher by about 6 percent versus January-April 2005,
due to the increase in the income gained by non-residents from direct investment. The
negative impact of goods and income inflows over the current account has been mitigated by
the surplus in the net current transfers (EUR 0.9 billion) and the surplus in services balance
(formerly in deficit).
Over January-April 2006, foreign direct investment totally covered the current account deficit.
The net inflows of direct investment by non-residents in Romania accounted for EUR 2.3
billion, 2.3 times higher as compared to the same period of the previous year, of which over
two thirds were added by equity capital and intra-company loans.
B. Structural reform in economy; privatisation and restructuring of the state-owned
enterprises
The progress recorded by AVAS between 1st April – 20 June 2006
The privatisation plan for 2006 approved by the Government through the Integrated
Privatisation Plan, provides for the launch to privatisation of 120 trading companies during
the current year, out of which 50 majority state-held and 70 in which the state holds minority
stakes.
Pursuant to a portfolio analysis, the majority state-owned companies were selected based on
economic and social indicators: value of the share capital held by state, number of
employees, turnover, profit/ loss recorded in the latest Financial and accounting Balance
Sheet and the minority stake companies were selected based on market value, estimated
speed of privatisation contract completion and volume of transactions during the last 6
months- the companies were classified by priorities:
53
-
1st Priority (companies hold 72% of the share capital held by state and 77% of the
number of employees): 17 majority state-owned companies, including the minority stake
held in ASIROM, given the importance of this company;
-
2nd Priority: 21 majority State-owned research institutes;
-
3rd Priority: 16 majority State-owned companies;
-
4th Priority: 19 important minority stakes;
-
5th and 6th Priorities: 47 minority stakes classified depending on the existence or nonexistence of pre-emptive rights.
Status of majority state-held companies included in 1st -3rd Priority, as of June 20th, 2006: 4
privatised companies; 10 companies under negotiations, (out of which 7 under contract
negotiations) and 2 companies for which the sale advertisement was published.
Status of minority state-held trading companies included in 1st (ASIROM), 4th - 6th Priority, as
of the same date: 18 privatised companies, 2 companies in which a stake of shares was sold
in 2006 and advertised the sale of a new stake in the same company, 4 companies under
negotiation, out of which 3 under contract negotiations, 5 trading companies for which the
services of a Financial Investment Service Company has been contracted; 4 companies for
which the sale advertisement was published.
During April 1st – June 20, 2006, 28 advertisements were published, out of which 9
advertisements for the sale of majority stakes and 19 for the sale of minority stakes.
As for the same period of time, 19 share sale-purchase contracts were concluded, of which 2
contracts for the sale of majority stakes and 17 contracts for the sale of minority stakes. In
compliance with these contracts, the aggregate sold capital is of RON 1.084 million (around
EUR 0.3 million) and the committed investment volume amounted to EUR 9000 and USD
115.5 thousand.
The privatisation plan provides also that, in case of companies bounced back in the portfolio
following the termination of the share sale-purchase contracts, such companies be launched
to privatisation during 2006. Until June 20, 2006 the state has been re-registered as majority
shareholder in 78 companies, of which on June 20, 2006: 6 companies were privatised, 1
company was transferred to The Property Fund, 34 companies were under bankruptcy/legal
reorganization, 10 companies were under dissolution as per Law no. 359/2004, 3 companies
under voluntary liquidation, 7 company de-registered, 4 companies proposed to privatisation
and 5 company proposed to liquidation, 1 company under negotiations and 7 companies
under reviewing.
Out of the 44 companies proposed for restructuring/liquidation, on June 20, 2006, voluntary
liquidation was approved for 6 companies, legal liquidation was approved for 2 companies,
legal dissolution was approved for 2 companies, 1 company thereat was approved, the
liquidation subsequently to the foreclosure, 3 companies under Law no.64/1995 re-published,
1 company thereat the SGM has been called in order to approve the legal liquidation
triggered by the debtor, in line with the Law no. 64/1995 re-published, 3 companies proposed
to privatisation, pursuant to receiving several letters of intent and for a number of 5
companies, itemized restructuring methods are currently applied, stipulating, inter alia,
turnaround of some technological flows, sale of some assets that are able to operate
independently or that can be used in carrying out new private activities etc.
Having regard to the achievement of the assets by way of foreclosure proceedings on the
receivables of state portfolio, during April 1st – June 20, 2006 foreclosure was applied to a
number of 59.445 debtors and debtors’ guarantors. Having regarded to such debtors, after
the conveyance of the writs of execution, the institution proceeds to the identification,
seizure, appraisal, and offering for sale within a public auction of the goods under such
proceedings and/or garnishment of bank accounts of such debtors.
Consequent to foreclosure proceedings, the total amount cashed between April 1st – June
20, 2006 was of RON 79 million (around EUR 22.4 million). These results were achieved by
54
the sale by public auctions (168 auctions) and the garnishment measures over the bank
accounts of 5556 debtors.
Energy sector
Oil and natural gas sector
At S.N. Romgaz S.A. during the reference period, the preparation of the documentation for
stock market listing of 10% of the C.N. TRANSGAZ SA continued. The stock market listing is
envisaged for November 2006.
Electricity and heating power sector
Following the completion of the process concerning the assessment of the Improved Offers
submitted by CEZ a.s., ENEL SpA, Gaz de France International SAS, Iberdrola SA and RWE
Energy AG on May 9, 2006 for the privatisation of S.C. Electrica Muntenia Sud S.A., the
Coordination Commission decided that ENEL SpA’s bid has the highest number of point.
According to the approved procedures, the S.C. Electrica S.A. privatisation contract was
signed with ENEL SpA on June 5, 2006.
Concerning the S.C. Termoelectrica S.A., the target was to identify a solution leading to
decreasing the debts of the company, debts resulted because of historical debts and
cumulated losses derived from investment and production loans, which have been placed in
this society’s repayment responsibility, as a result of the restructuring process. In this
respect, during the first decade of May 2006, the notification documentation has been
remitted to the Competition Council, documentation based on the fact that SC Termoelectrica
SA is performing services of general economic interest and the approval from the
Competition Council is presently expected.
On April 28, 2006 the announcement for submission of the expressions of interest in order to
set up a new capacity at CTE Doiceşti was published. The expressions of interest will be
submitted at S.C. Termoelectrica S.A. by June 28, 2006.
Regarding S.C. Craiova Energy Complex S.A. the consultant, represented by the
consortium formed by Deloitte Central Europe Ltd and the Romanian American Enterprise
Fund, will set up the company’s privatisation strategy, presently under analysis.
Furthermore, the contracts for two micro hydro power plants were signed within S.C.
Hidroelectrica S.A. namely: Doftana micro hydro power plant (with LUXTEN Company and
ISPH) and Manaileasa micro hydro power plant (with ROMELECTRO Company).
The Valuation Reports for 20 other micro hydro power plants are currently being drawn up.
Regarding C.N. Transelectrica S.A. and subsidiaries, the stock market listing at the
Bucharest Stock Exchange is currently under preparation. The National Securities
Commission endorsed the preliminary prospectus/notice of the primary public bid. The
announcement regarding the initial primary public bid for selling the stocks was published on
June 2, 2006. A number of 7.3 million stocks were put on sale, the subscription deadline
being on June 28, 2006. After the stocks subscription stage, the CN Transelectrica SA will
carry out the necessary measures regarding the admission for transaction at the Bucharest
Stock Exchange listed price.
During the reference period, the List no. 9 containing the subsidiaries, which will be
privatised, namely: S.C. FORMENERG S.A. and S.C. ICEMENERG S.A. was published in
central and local media
Restructuring of the mining sector
The mining sector restructuring process has continued according to the provisions of the
Mining Industry Strategy for 2004 – 2010. Thus, a number of 17 mines: 9 in the coal sector (7
in the hard coal sector and 2 in the lignite sector) and 8 mines in the mineral sector were
closed and ecologically rehabilitated. According to the programmes regarding the ceasing
and closure of unprofitable mines, during the reference period, a number of 1856 employees
55
were laid-off in the mining sector (151 employees in the hard coal sector, 191 employees in
the lignite sector and 1514 employees in the minerals sector).
At the same time, considering that the restructuring of the minerals sector companies
involves the implementation of an action plan that will contribute to increasing their
attractiveness, especially by attracting investments for the exploitation, conservation and
closure activities, GD no. 590/3.05.2006 (OJ no. 506/12.06.2006) regarding the strategy for
restructuring, privatisation and promoting investments in the minerals sector has been
adopted. This legal act sets up, among other provisions, the possibility for the minerals
companies to conclude cooperation contracts with interested investors, aiming at increasing
the efficiency of viable activities.
On the other hand, taking into consideration the necessity of promoting, in the mining sector
as a whole (coal and minerals), a market-oriented and economic efficient management, the
price control was dropped, context in which GD no. 607/10.05.2006 (OJ no. 420/16.05.2006)
repealing GD no. 1609/2003 regarding subsidised products prices from the mining sector
(namely Government’s prices regulation procedure), has been adopted. Consequently,
prices are currently determined by free negotiation between parts.
Defence industry sector
As regards S.C. Uzina Mecanica Filiasi S.A., the privatisation process was re-launched.
The deadline for submission of the participation documents and the final bid was April 5,
2006. Only one bid was submitted. At present, the negotiation process of the privatisation
agreement clauses is under way.
Concerning S.C. Santierul Naval Mangalia S.A., S.C. Daewoo Mangalia Heavy Industries
S.A. was declared winner. The bidder withdrew its offer before the contractual provisions to
be finalised. The update of the privatisation documentation was initiated in order to prepare a
new sale offer.
In case of C.N. Romarm S.A. and its subsidiaries, during the reference period the activities
regarding the sale of some assets, which are not in the defence industry sector and are
owned by companies which are subsidiaries of C.N. Romarm S.A. carried on.
The documentation has been elaborated and the sale offers of the participations owned by
S.C. Metrom S.A. Brasov, subsidiary of S.N. Romarm S.A., in the joint ventures S.C.
Metrom Trading S.A., S.C. Rom Compressor S.A.,S.C. Metalurgie Neferoasa S.A. are under
preparation.
The sale offer for a share stake of S.C. Arsenal Resita S.A. was also published and the
documentation for sale of a share stake of S.C. Automecanica Moreni S.A. and S.C.
I.C.P.S.P. S.A. Bucharest is under preparation.
Transportation and tourism
In order to complete the sale-purchasing contract of the minority stock of the company ALDP
Iaşi and the sale of the whole stock administrated by SC Antrepriza de Reparaţii and Lucrări
Cluj, the negotiations with the accepted tender are in progress. Furthermore, the sale
purchasing contract of 98% the stock shares of SC Ardealul SA Arad was also concluded.
Banking sector
The Savings Bank (CEC) privatisation strategy laid down in 2005 through the GD no.
806/2005 has been subsequently amended. According to the latest version of the
privatisation strategy (GD no. 573/ 26.04.2006 (OJ no. 456/25.05.2006)) the majority
package of 69.9 percent of the bank’s shares is to be sold to a strategic investor (an
internationally reputable financial-banking institution or to a investors consortium which
includes such an institution). The package also contains the 9.9 percent of the CEC share
capital allocated, according to the law, to the Ownership Fund. A 5 percent share package
will be sold to the employees and the retired persons formerly employed by CEC, while the
State will decide whether it will sell partially or totally the remaining 25.1 percent of the
shares. The sale of the majority package will take place in three stages, namely: the
56
submission of the non-binding offers, submission of the binding offers and submission of the
improved binding offers.
It is also worth mentioning that in 2006 Banca Daewoo turned from a Romanian privately
owned bank into a foreign privately owned bank.
C. Existence of a judicial system whose decisions to be put into force, including as far
as the regulation of the property rights is concerned
As regards the insolvency regulations, during the reporting period the following progress has
been recorded:
-
The draft of the new law on insolvency (previously reported) was promulgated by the
President of Romania on April 3rd, 2006 and became Law no. 85/2006, (OJ no.
359/21.04.2006).
-
A good practices manual and a manual on Economics applied during insolvency
procedures were drafted and distributed to judges and insolvency practitioners. Both
manuals are published on the MoJ website.
-
Training on the new law on insolvency was carried out between March 7th and April 7th,
2006. The training programme included 267 judges (distributed in 11 groups), 109 clerks
(distributed in 4 groups) and 135 insolvency practitioners (distributed in 5 groups).
Concerning the company law, the subsequent progress has been made:
-
Important amendments to the company law – Law no. 31/1990 – were approved by
Government and sent to Parliament for adoption. These ensure full harmonization with
the six company law directives14 and introduce into the Romanian law the OECD
corporate governance principles. The amendments are the result of complex and
structured public consultations, in which all relevant stakeholders were involved.
-
Implementing the legislation on filing by companies of financial statements to the Trade
Register.
The National Trade Register Office filed with the courts, between January 1st and June 24th,
2006, claims for dissolution as follows:
-
5,056 claims against companies which did not file their 2003 financial statements;
-
15,691 claims against companies which did not file their 2004 financial statements;
-
40,263 claims against companies, which did not file their financial statements for both
2003 and 2004.
The courts rendered 9,719 decisions for dissolution in the same reference period.
Due to the cases brought to court, 38,447 companies filed their 2003 financial statements
with the Register and 75,068 companies filed the 2004 financial statements.
D. Adequate development of the financial sector in order to guide efficiently savings
towards investment
In the insurance domain, during September 2005 - May 2006 the Insurance Supervisory
Commission has continued the insurance market supervision actions, to which have added
control actions to 17 insurance undertakings and 36 insurance brokers, following which
sanctions have been applied, among which the withdrawal of the license for 10 insurance
undertakings and for 22 brokers, penalties for one insurance undertaking and for 9 brokers,
notification for 15 brokers and for 2 insurance undertakings.
The Insurance Supervisory Commission manages – according to the provisions of Law no.
136/1995 regarding insurance and reinsurance in Romania, with the subsequent
14
Directives 68/151/CEE, 77/91CEE, 78/855/CEE, 82/891/CEE, 89/666/CEE, 89/667/CEE
57
amendments and completions, as well as to the Regulations no. 3115/2005 - the Insurers’
Compensation Fund, which on May 31, 2006 had availabilities of 223.15 million RON.
As regards the insurance density in 2005 this reached a level of 205 RON per capita, and in
2006 it is foreseen that this will increase up to 245 RON per capita, meaning an increase of
40 RON per capita.
As regards the legal framework, Law no. 113/2006 (OJ no. 421/16.05.2006) for the approval
of the EGO no. 201 /2005 for the amendment and completion of the Law no. 32/2000
regarding the insurance undertakings and insurance supervision has been adopted.
As regards the capital market, during January- May 2006, the trading activity on the
regulated market managed by BVB has underlined an increase of the market liquidity and a
high volatility of the securities quotes as well as of the exchange indexes:
-
The BET index, reflecting the dynamics of the most ten shares listed on B.V.B, reached
7,058.9 points at the end of May 2006, with + 10.91 percent (in EUR) over the value of
the last trading day of 2005. The historical maximum value of the BET index was reached
on February 7, 2006, with 8,484.3 points;
-
BET-C index, reflecting the evolution of the whole market, excluding the financial
investment companies (SIFs), has registered an increase of +13.73 percent (in EUR)
during the first five months of the year 2006. The historical maximum of the composite
index BET-C was of 4,970.94 points and was reached on February 7, 2006;
-
The BET-FI index, reflecting the dynamics of the share price of the five financial
investment companies, decreased by -11.59 percent (in EUR) for the analysed period.
The maximum value of the BET-FI index was of 54,904 points, reached on February 7,
2006
The values of the three stock exchange indexes registered in the first five months of the year
2006 were likewise those of the previous year: high increase in the first part of the year,
followed by fluctuations during the final part of the analysed period. The increase of the BET
and BET-C indexes was lower than the appreciation registered during the similar period of
the year 2005. During 2005, BET-FI registered superior yields as compared to BET and BETC indexes, but during the first five months of this year, the values of BET-FI index were under
the curve of the above-mentioned two indexes.
These indexes fluctuations have been produced during an increasing trading activity, when
the total turnover (shares, bonds and rights) on the regulated market managed by BVB,
reached the value of 1.15 billion EUR for the period January 1 – May 31, 2006. Compared
with the same period of the previous year, the total turnover registered an increase by +27.5
percent, considering that the total turnover for the year 2005 was of 2.19 billion EUR.
Taking into consideration the increasing quotes of the main traded shares, the share capital
increases performed by the issuers, the trading of new companies (Mecanica Ceahlau SA),
the exchange capitalization reached, at the end of May 2006, the value of 21.49 billion EUR.
The exchange capitalisation at the end of 2005 reached the value of 15.57 billion EUR,
representing 19.64 percent of the GDP in 2005.
At the end of May 2006, the exchange capitalisation increased by +62.74 percent as
compared to the exchange capitalisation on May 31, 2005. The exchange capitalisation on
May 31, 2006 (in EUR) represents approximately 27 percent of the GDP realized in 2005 and
approximately 23 percent of the GDP foreseen for the year 2006.
The total exchange capitalisation (both BVB and RASDAQ) of the first five months of the
year 2005 represents 30.2 percent of the GDP in 2005 and 25.7 percent of the GDP
foreseen for the year 2006.
During January 1 – May 31, 2006, the total turnover on Rasdaq Electronic Exchange
market reached the value of 74.29 million EUR, decreasing with 41 percent as compared to
2005, when the total turnover was of 120.7 million EUR.
58
At the end of May 2006, the Rasdaq capitalisation reached the value of 2.54 billion EUR as
compared to the value registered on May 31, 2005 (2.04 billion EUR), representing an
increase of 24.5 percent. On May 31, 2006 the Rasdaq capitalization (in EUR) represented
approximately 3.2 percent of the GDP realized in 2005 and 2.7 percent of the GDP foreseen
in 2006. On May 2006, a number of 3,573 companies were traded on Rasdaq market, out of
which: 1,486 tradable companies and 2,087 companies suspended from trading.
2.3. COMMITMENTS AND REQUIREMENTS RESULTED FROM THE
ACCESSION NEGOTIATION
2.3.1. Chapter 1 - Free Movement of Goods
As regards horizontal and procedural measures, in the field of accreditation, the main
progresses registered by the Romanian Accreditation Body (RENAR) during May - July 2006
refer to:
-
The adoption of the statute of RENAR and the election of a new Management Board,
according to the framework statute approved by Order no. 81/2005 of the ministry of
economy and commerce, in correlation with the provisions of the SR EN ISO/CEI
17011:2005 standard;
-
The completion of the documents for the accreditation of testing and calibration
laboratories; the documents for the accreditation of quality management systems
certification bodies will be finalised shortly;
-
The completion of the training programme for chief and speciality evaluators. An
additional number of seven chief evaluators and 24 speciality evaluators were selected
as external collaborators of RENAR;
-
The implementation of a new system for the evaluation and monitoring of RENAR’s
evaluators and experts.
The period during which RENAR will be assessed in order to re/obtain the quality of EA-MLA
signatory body for the three fields, for which it has submitted applications, is following to be
confirmed by the EA (European Co-operation for Accreditation) Secretariat for the end of this
year (November).
Concerning the food safety, the transposition tables for the harmonized legislation in the
field of additives, flavourings, extraction solvents, materials that come in contact with food,
food supplements, food with special nutritional use, quick frozen foods, mineral waters and
ionisings were sent to the European Commission.
In the field of genetically modified organisms (GMO), the Law no. 265/2006 (OJ No.
586/6.07.2006) for approving GEO No. 195/2005 on environment protection was adopted.
The above-mentioned law clearly specifies that from the date of Romania’s accession to the
European Union the cultivation of genetically modified plants other than those accepted in
the European Union, will be banned. Also the testing of genetically modified plants will be
performed in compliance with the communitary acquis.
Based on the farmers’ statements recorded in county registers, the National Register of
GMO’s cultivators (soybean RR) for 2006 was elaborated.
The area cultivated with genetically modified soybean (main crop) is of 118,267 ha. Until the
14.07.2006, authorisations were issued for the applications submitted for setting up double
crops. Until 15.08.2006, the National Register comprising all genetically modified plants
cultivators (main crop and double crop) will be finalised at central level.
59
Erasing the genetically modified soy varieties from the national catalogue of plants variety
will be made through a MAPDR Order. The national catalogues of plants variety for 2007 will
be published in December 2006.
An Action Plan aiming to eliminate the genetically modified soy from crops starting with 1st
January 2007, through control actions on crops, storage and processing, ensuring the
traceability and labelling, was elaborated by MAPDR, ANSVSA and MMGA.
From 01.07.2006, the GD No. 173/2006 on GMO’s traceability and labelling and traceability
of foods and feeds resulted from GMO’s is in force. In this respect, ANSVSA started the
control plan in the field of Genetically Modified food and feeds, including sampling, in order to
verify the manner in which the methods of traceability are implemented. MAPDR has drawn
up the guidelines of the inspection plan for crops for July, whose enforcement started on
01.07.2007. This activity is performed by the personnel within the County Agriculture and
Rural Development Directorates. A detailed scheme on traceability of GMOs in Romania is
presented in Annex 8.
The information campaign for farmers, importers and processors has started in February
2006 and will continue together with representatives from the National Agency for
Agricultural Consulting.
The herbicides and conventional soy seeds supplier companies expressed their availability to
ensure the necessary quantity of conventional soy seeds and herbicides for 2007.
In order to ensure a good inter-institutional coordination regarding the control activity a draft
Protocol between MAPDR, ANSVSA, MMGA and ANPC, was signed.
MAPDR Order no. 471/14.07.2006 for the modification and completion of the MAPDR Order
no. 237/2006 on the authorisation of genetically modified plants has been approved.
This normative act foresees that controls will be performed for all genetically modified plants’
cultivators (RR soy) and that the General Directorate for inspections coordinates at central
level the control activity of the inspectors within the County Directorates.
The controls will mainly consist in controlling the documents of the cultivators, controls of the
cultivated plants, tracing the production, harvesting, storage and dispatching for every
cultivator.
Concerning public procurement, the draft law for the approval of the EGO no 34/2006 on
the awarding of public procurement contracts, public works and services concession
contracts, has been approved by the Senate on 19th of June 2006 and by the Chamber of
Deputies on the 5th of July 2006.
The secondary legislation regarding public procurement is currently under elaboration, being
reviewed according to the recommendation of the EC experts. The legislation is expected to
be finalised as provided by the EGO no 34/2006, respectively within 60 days (for public
procurement contracts) and 90 days (for electronic procurement and concession contracts)
from the moment of the entering into force of this EGO (June, 30th 2006).
Also, the Government has adopted the GD no 782/2006 (OJ no 553/ 27.06.2006) concerning
the Regulation for the organisation and operation of the National Council for Solving
Complaints, thus ensuring a full compliance with the comments received from the EC
regarding this issue.
At the same time, in order to complete the legal frame in the field of public procurement, the
Government has recently adopted the EGO no 54/2006 (OJ no 569/30.06.2006) on the
regime of public goods concession contracts.
As for the progress achieved in the field of the ex-ante control system, a detailed description
can be found at chapter 21 – Regional policy and coordination of structural instruments.
Regarding the foreseen training in the field of primary legislation, the activity is focused on
the following actions:
60
-
Continuous promotion of the new legal framework through media, seminars, informing
sessions;
-
Development of the short term action plan on the training activity for the dissemination of
the new legal framework (May – September 2006);
-
Training sessions organized within the PHARE technical assistance project that
N.A.R.M.P.P is benefiting from and which will be launched by the end of 2006; the project
will focus on the main-purchasers (500 participants).
Promoting the new legislation in the field of public procurement to the contracting authorities
and stakeholders was ensured by information and training sessions as follows:
-
-
Promoting the new legal framework in the field of public procurement by short information
sessions addressed to the stakeholders:
Months
2006
May
No. of sessions
Organizer
Expected participants
3
NARMPP, MAI, MTCT
June
4
Min. of Health, NARMPP,
County Councils
Involved staff from
ministries – 200
Involved staff – 150
Promoting the new legal framework in the field of public procurement by extensive
informing sessions addressed to the stakeholders:
Months
2006
May
No. of sessions
Organizer
Expected participants
3
June
4
NARMPP, INA, Training
Institutions
NARMPP, INA, Training
Institutions
Involved staff from
ministries – 140
Involved staff – 180
During January – June 2006, over 45 seminars were organized, some of them in close
collaboration with other public or private institutions.
2.3.2. Chapter 2 – Free Movement of Persons
In the field of citizens' rights, the draft law on the election of the Romanian representatives
to the European Parliament, which transposes the Council Directive no. 93/109/EC and the
draft law on amending the law regarding elections of the local public administration
authorities, which transposes Council Directive 94/80/EC are currently under endorsement
procedure. The two draft laws above mentioned (transposing the acquis communautaire on
electoral rights) will be sent to the Government for approval.
As regards the draft law for the amendment of the Law no. 84/1995 on education in order to
transpose the Gravier Rule was approved by the Chamber of Deputies and the Senate and is
currently under promulgation procedure.
In the field of European Services, further steps have been taken and the approval on behalf
of the European Commission Delegation was received for the initiation of a 700 thou. Euros
technical assistance project financed from Phare 2005. The eight-month project is
provisioned to start in the fall of 2006, so as to ensure the compatibility of ANOFM’s IT
system with the EURES system requirements, as well as to provide the training of the future
EURES advisers and of the staff directly involved in maintaining the respective system.
2.3.3. Chapter 3 - Free Movement of Services
In order to strengthen the administrative capacity in the field of compulsory motor
insurance and according to the provisions of art.251 of Law no. 113/2006 (OJ
421/16.05.2006) approving the EGO no. 201/2005 regarding the amendment and completion
of Law no. 32/2000, the representatives of the insurance companies authorized to issue
61
motor third party liability insurance (MTPL) (class 10, letter B annex 1, excepting the civil
liability of the carrier) have met on June 22, 2006 in the setting-up meeting of the “Fund”, as
provided in the above mentioned law, and which has three responsibilities:
-
Information Center
-
Street Victims’ Protection Fund
-
Compensation Body
Within this meeting, the Constitutive Act and the Fund Statute have been approved. As well,
the Managing Board and the person responsible for registering the Fund to the Court as a
professional association have been appointed. The 350 square meter premises provided for
the functioning of the Fund has already been purchased and has been arranged according to
international standards for office buildings.
Regarding the public information campaign on the importance of concluding motor third party
liability insurance, the Insurance Supervisory Commission (ISC) has continued the
awareness campaign started in January 2006 by developing together with a media company
an advertising spot regarding the importance of concluding MTPL. Starting with June 23,
2006 this spot has been broadcasted on two national TV channels for a month, for 3 – 4
times a day, within the main news bulletins and in prime-time. Together with the broadcasting
of the TV spot the ISC council members and the representatives of the specialized
directorate have initiated and participated to conferences, seminars and round tables, events
highly promoted in the written and audio - visual press.
In what concerns the updating of the compulsory motor third party liability insurance register
in order to ensure the correct registration of all the policies issued by the insurance
companies, the results following the comparison of May 12, 2006, also presented in the
Association Committee Romania-Brussels on June 8, 2006, showed a MTPL coverage
degree of around 80%.
Starting with June 2006 the Ministry of Administration and Interior has begun sending
notifications to the vehicles owners identified in the data base as not fulfilling their obligations
to conclude MTPL, by which these were informed about the necessity of complying with the
legal provisions and also about the sanctions applicable otherwise.
As a reaction to these notifications, 14.443 corrections have been made in the ISC data base
– CEDAM, the rest of 8.299 requests being in the process of resolution.
A new comparison shall be performed in the first half of July 2006, after making the
corrections and updating the register with MTPL insurance policies valid until June 30, 2006,
which have to be renewed, consequently. Following this comparaison, it is estimated that the
MTPL coverage degree shall rise up to 85%-88%.
In order to strengthen the ISC supervision and control capacity, the following measures have
been taken:
-
All insurance companies authorized to issue motor third party liability insurance policies
have been officially notified that, starting with July 10, 2006, it is forbidden to issue MTPL
insurance policies in inadequate places, namely cars parked on the sidewalks or on the
road, itinerant booths, etc. This measure is meant to diminish considerably the number of
errors that may occur when fulfilling the insurance policies.
-
Control actions have been initiated in all 15 insurance companies authorized to issue
MTPL insurance policies. The control, to be carried out at the premises of the insurance
companies between July 11-20, 2006, includes:
-
Checking-up the vignette issued to the insured person, indicating the expiring date
(month, year) of the MTPL insurance policy;
-
Checking-up the insurance company organisation and activity “carried out with
prudence and professionalism, according to the nature and scope of activity”, as
provided in the legislation in force;
62
-
Checking-up, on the field, the compliance with ISC order of July 10, 2006 regarding
the means of concluding MTPL insurance policies.
With the view to reducing the number of registered vehicles but not having MTPL insurance,
the Ministry of Administration and Interior, carried on the following activities:
-
Finalised the process of changing the motor vehicles registration documents. Further to
this, the registration of 922.000 vehicles was suspended as their owners did not change
their registration documents, within the deadline provided by the law.
-
During May, 23 and June, 10, 2006, 1.426.564 letters have been mailed to the owners of
registered motor vehicles, but not included in the database managed by the ISC. By
these letters, the motor vehicles owners are noticed that, within 30 days, they have to
settle all the problems related to the MTPL insurance.
-
During April, 1 and June, 22, 2006 the Traffic police checked, in traffic, 478.440 motor
vehicles. 1663 penalties were applied. The Report on registered but not insured vehicles
was drawn up, by counties and localities. Based on this report, the Traffic Police will
enhance the control actions in traffic, in the counties and localities where the biggest
number of registered but not insured vehicles was found.
-
The mechanism whereby the local public authorities report to the prefects’ institutions,
the situation of abandoned or without owner motor vehicles was set up according to the
legislation in force.
The mechanism provides for the mayor to authorise the finding agents, within the local
council apparatus. The latter draw up finding minutes on the vehicles supposed, by serious
reasons, to be without owner or abandoned. Within 30 days after the minute has been drawn
up, the police agents carry out investigations with the view to identifying the owner or the
legal holder of the respective vehicle. Based on the results of the investigations, at the
finding agent’s proposal, the mayor issues a disposal whereby the respective vehicle is
declared as without owner or abandoned. The mayor’s disposal also provides the transfer of
the respective vehicle in the private ownership of the territorial and administrative units where
the vehicle was found. Within 3 days, the mayors are obliged to transmit the respective
disposals to the community public services for driving licenses and vehicles registration,
functioning within the prefectures. Based on the mayor’s disposal, the vehicles are legally
erased from the database. The implementation of this mechanism will be monitored halfyearly. The first monitoring report will be issued by August 10, 2006.
As regards the capital adequacy for banks and investment firms, the working group set
up in order to insure the transposition and implementation of the provisions of Directive
2006/48/EC relating to the taking up and pursuit of the business of credit institutions and
Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions
carried on its activity with the aim of issuing laws and regulations applicable both to credit
institutions and investment firms.
At present, the Basel II project is in the second stage of development, which aims at
establishing the means required to carry out the banking system supervision by observing
the new EU standards.
The elaboration of the new legal framework is carried out jointly by the two Romanian
competent authorities: the National Bank of Romania and the National Securities
Commission. This process proceeds on two levels: (i) decisional, within the Basel II Project
Coordination Committee and (ii) technical, within the technical commissions established by
virtue of the Memorandum of Understanding concluded between the supervision authorities
that prepare the related laws and regulations.
At the decisional level, the modality of exercising the national options has been adopted and
the structure of the new law (Law on the credit institutions and capital adequacy) has been
agreed upon, in principle. This law will ensure the transposition of the principles established
by the two directives both as regards the credit institutions and the investment firms into the
63
national legislation. Along with the transposition of the acquis communautaire, the law will
gather in a single legal text the provisions related to all types of credit institutions (banks,
credit co-operative organizations, saving banks for housing, mortgage banks and electronic
money institutions) organized under general provisions and provisions specific to different
types of such institutions.
At technical level, the drafting process is in an advanced stage with both supervision
authorities as both the Draft law on the credit institutions and capital adequacy and part of
the regulations to be issued in application of the law have been finalized (Rules on the credit
risk – standard approach, techniques for limiting the credit risk; Rules on the operational risk;
Rules on own funds; Rules on the supervision on a consolidated basis; Rules on the market
risk).
The Rules on the credit risk – internal rating models approach, the Rules on the securitised
operations and the Rules on the recognition of external credit evaluation agencies are at an
advanced drafting stage.
At the beginning of June 2006 the first version of the validation guides for internal models for
credit risk, market risk and operational risk was accomplished.
In order to elaborate the
validation guides, three inter-departmental working groups have been set up gathering
members of National Bank of Romania and also a member of National Securities
Commission (for the market risk guide).
According to the decisions adopted at the technical consultations held in Brussels on 18 May
2006, the Draft law on the credit institutions and capital adequacy has been forwarded to the
European Commission for evaluation on 3rd July 2006, following that a new round of
technical consultations with the EC experts to take place in Brussels on 17 July 2006, to
discuss the draft law and the already finalized draft regulations.
As far as the communication with the banking community is concerned, it proceeds both at
decisional level (through the representatives of the Romanian Banking association to the
Basel II Project Coordination Committee) and by means of the following:
-
Setting into operation at the NBR of a site dedicated to Basel II with a view to facilitating
the communication between the supervision authority and the banking community. On
this site have already been posted for consultation the Draft law on the credit institutions
and capital adequacy and the finalized draft regulations.
-
Establishing a dialogue with the credit institutions through seminars and conferences on
the transposition and implementation of the new EU provisions, which have been
organized by the NBR, the Romanian Banking Institute and the financial community.
-
Carrying out talks with the credit institutions on the approach they should choose in order
to calculate the capital requirements.
-
Simulating the supply by the credit institutions of information according to the new
requirements in order to assess their capacity to comply with the future prudential
standards.
In line with the strategy on the implementation of the New Capital Accord, a process of
spotting the credit institutions that intend to use internal models for deriving minimum capital
requirements has been initiated. A questionnaire has been build for that purpose. After
analysing the answers of credit institutions, the working groups met the managers of the
banks that intend to use advanced approaches. Following those meetings, the next step
consists in contacting the home supervision authorities.
In order to assess the impact of the implementation of the Directive 2006/48/EC on the
regulated level of own funds and the preparedness of banks to comply with the new
prudential requirements, credit institution have been requested to participate in an exercise
carried out on the basis of the 31 December 2005 data. The deadline for submitting the
outcome of the exercise to the NBR was 14 July 2006.
64
At the same time, the contacts with the competent authorities of the EU Member States have
been intensified by NBR’s participation in the meetings of the supervision authorities of
Austria, Greece and Hungary on facilitating the exchange of information in the context of
Basel II.
-
Furthermore, priority is given to the personnel training, especially through insuring the
participation to relevant programmes and activities, such as the activities carried out
within the Twinning Project developed by the National Bank of Romania with a
consortium of central banks from EU Member States (Banque de France, De
Nederlandsche Bank and Banca d’Italia).
As regards the transposition of the Directive 2002/87/EC on the supplementary
supervision of the credit institutions, insurance undertakings and investment firms in
a financial conglomerate, the draft law elaborated by the joint working group including
representatives of National Securities Commission (CNVM), Insurance Supervision
Commission (CSA) and National Bank of Romania (BNR), under the coordination of the
Ministry of Public Finance (MFP) has been submitted to the European Commission for
technical examination. The draft has been endorsed by the EC experts who made two
recommendations, which will be included in the legal framework transposing the directive.
The draft law is presently being circulated to the Romanian competent institutions for
endorsement and will be submitted to the Government for approval.
The technical aspects of Directive 2002/87/EC will be transposed through regulations
common to all regulated sectors; the drafts are currently under the debate of the Interinstitutional working group.
Progress of the screening exercise and actual removal of restrictions
At the central level
During the period May - June 2006, the interministerial Working Group created in 2002
intensified its activity for identifying and removing barriers contained by the national
legislation, from the perspective of preparing the transposition and the implementation of the
Directive of Services within the Internal Market.
The group activity includes the legislation analysis performed by the public administration in
their field of competence, with the view to identify and remove the barriers impeding the free
provision of services. Special attention is granted to the authorization schemes, on the basis
of the National Classification of Economic Activities, in view to create a database containing
all public authorities issuing specific authorization and all types of authorizations required for
the access to the activities of provision of services and the exercise thereof. So that Romania
are preparing to participate in the administrative cooperation with the responsible
administration of the other Member States regarding the exchange of information foreseen
by the Directive.
During May - June 2006, barriers contained into 9 normative acts were identified, from which
4 were eliminated during the same period:
-
Setting up a compulsory establishment in Romania for the entire period of validity of the
attestation by foreign legal persons, through the adoption of the Order no. 16/2006 (OJ
no. 559/28.06.2006) of the President of National Authority in Energy Field;
-
Necessity of technical and professional attestation of experts for the verification of
projects, persons responsible for the execution and technical experts for quality for fitting
works for devices, equipment and technological industrial installations, through the Order
no. 268/12/04.2006 (OJ no. 469/30.05.2006) for modifying the Order no. 88/2003 for the
approval of the Regulation regarding the procedure for the technical and professional
attestation of experts for the verification of the projects, persons responsible for the
execution and technical experts for quality for fitting works for devices, equipment and
technological industrial installations;
65
-
Imposing Romanian citizenship and residence in Romania for persons willing to exercise
the profession of the legal consultant, through the Law no. 246/2006 (OJ no.
556/27.06.2006);
-
Requirement that the acquisition, installation and the putting into operation of the heating
station or the acquisition and the installation for the automatic advanced burners should
be done from/by the authorised companies, through the Law no.188/2006 approving
EGO no.184/2005 modifying EGO no.91/2005 (OJ no.441/22.05.2006).
Furthermore, other 4 barriers identified during the previous screening exercise were
eliminated as follows:
-
Compulsory accreditation in Romania of experts in preservation and rehabilitation
imposes their registration in The Register of experts in preservation and rehabilitation,
through the Order no. 2221/17.05.2006 (OJ no. 515/14.06.2006) of minister of culture
and religious affairs modifying OMCC no. 2008/2001 approving The Norms for the
accreditation of experts in preservation and rehabilitation;
-
Compulsory certification and registration in Romania of the experts in the field of
protection of monuments and of specialists in the field of preservation and rehabilitation
of historical monuments, through the Order no. 2226/24.05.2006 of minister of culture
and religious affairs– modifying and completing Order no. 2032/1999 for setting up the
Commission for certifying the experts in the field of protection of monuments and of
specialists in the field of preservation and rehabilitation of historical monuments;
-
Compulsory authorization in Romania of undertakings performing activities in the field of
historical monuments protection, through the Order of minister of culture and religious
affairs no.2225/24.05.2006 modifying and completing the Order of minister of culture and
religious affairs no. 2535/2003 establishing the Register of undertakings authorised to
perform activities in the field of historical monuments protection;
-
Compulsory attestation and registration of archaeologists, through the Order of minister
of culture and religious affairs no. 2222/17.05.2006 approving the methodology for
registration in The Archaeologist Register repealing the Order no 2214/10.04.2006
At local level
The screening process of the legal acts adopted by the local public authorities (local and
county council decisions, mayors’ and presidents’ of the county councils disposals) with the
view to identifying obstacles against the free movement of services and right of
establishment started in July 2004, under the coordination of the Ministry of Administration
and Interior.
For this purpose, between 19 - 29 July 2004, working groups were established by prefects’
orders in every county and in Bucharest. These groups include representatives of the
following institutions: prefect institution, local public deconcentrated services, county
councils, local councils and municipalities.
8 screening exercises concerning the legislation adopted at local level took place so far: in
September and December 2004, April, July and October 2005, January, April and July 2006.
540 local council decisions containing obstacles against the free movement of services and
right of establishment were identified after these screening exercises. Out of these, 459
decisions (85%) were modified or repealed by 30 June 2006, the obstacles imposed through
these acts being eliminated.
2.3.4. Chapter 4 – Free Movement of Capital
The progress recorded in preventing and fighting against money laundering is presented in
detail in Chapter 24 – Cooperation in the Field of Justice and Home Affairs.
66
2.3.5. Chapter 5 - Company Law
Protection of intellectual property (IP) rights
Legislative developments
On May 4, 2006 the Law no. 119/2006 (OJ No. 409/11.05.2006) amending and
supplementing Law 255/1998 on protection of new plants varieties was adopted. The
adoption of the new Law fulfills an obligation assumed by Romania under the negotiations on
chapter 7- Agriculture to harmonize the domestic legislation with the Council Regulation
2100/1994 on Community plant variety rights.
The draft law amending the GO no. 66/2000 concerning the organization and exercise of the
industrial property counselor profession was adopted. The draft law is meant to eliminate the
nationality barrier namely the “citizenship” and “residence in Romania” requirements.
The draft law for amending and completing the EGO No. 123/2005 for amending and
completing the Law No. 8/2006 on copyright and related rights, by which the provisions
regarding the statutory limit of the remuneration for cable retransmission are eliminated, was
adopted.
In the field of biotechnological inventions, the EC Directive No 98/44 was transposed in
national legislation through Patent Law 64/1991, modified and completed by Law 203/2002
and GD No. 499/2003 (OG nr. 348/22.05.2003) approving the Regulations of application of
the Patent Law.
Implementing the legislation and strengthening the administrative capacity
The measures included in the Action Plan for the Implementation of the Reform Strategy in
the IPR field, were accomplished according to the settled deadlines, its implementation being
closely monitored by General Prosecutor’s Office.
During May and June 2006, the drafting of the twinning contract between the Romanian party
and the Danish Patent and Trademark Office continued, within the PHARE Programme RO
2005/17-553.03.2005 - “Strengthening the Romanian institutional capacity of protecting the
intellectual and industrial property rights”. Its final form will be submitted for the evaluation of
the European Commission by the end of August 2006.
In the reference period, the Service for Coordination the Public Ministry activity in the field of
Intellectual Property Rights, within the General Prosecutor’s Office, continued the monthly
activity of monitoring IPR complex cases, investigated by the specialized prosecutors
together with police officers. Currently, 65 complex cases are being solved, out of which 40
cases regarding copyright infringements and 25 cases related to trademark counterfeiting.
In the same period, 729 files were solved by IPR specialised prosecutors, out of which 18 by
sending to trial; the copyright holders’ total damage amounts to 310,000 Euro.
The Public Ministry elaborated the Case-law Bulletin for the first semester 2006, which
includes the analysis of the decisions in criminal matters in the IPR field. The bulletin and a
selection of articles on IPR offences have been transmitted to all prosecutors’ offices, in
order to improve the professional training of the specialized prosecutors.
During the activities that took place in the field of import, production and commercialisation of
phonograms, videograms and PC software, 2 clandestine studios were identified in
Bucharest by police officers and goods (CD’s, DVD’s video and audio tapes) in value of
134,147 RON, were seizures
In the reference period, ORDA has examined a number of 27,706 items (26.141 CD’s and
DVD’s, 19 VHS’s, 116 different items, 26 hard disks, 952 covers, 452 audio tapes).
Between 1st of May and 20th of June 2006, a number of 37 controls were carried out by
customs offices. As a result, 2 563 842 goods, consisting in clothing, footwear, cosmetics,
cigarettes, mobile phone accessories and toys suspected of being counterfeited were seized.
67
Inter-institutional cooperation
A Protocol regarding the setting up of the “Working Group on Intellectual Property” was
concluded and signed on 26.06.2006 at the headquarter of the Prosecutor’s Office attached
to the High Court of Cassation and Justice by more than 25 public and private institutions
(governmental and representatives of the private industries). The aim of the protocol was to
set up a formal structure able to acknowledge and analyse specific aspects of legislative and
law implementation nature in the field of IPR implementation activity and to propose common
solutions.
The working group consists of three sub-groups, i.e.: Anti-Piracy Group, solving piracy
problems in the IPR field, Anti-Counterfeiting Group, solving IPR counterfeiting problems and
the Group of Bodies for Collective Management of Copyright and Neighbouring Rights,
acting for the improvement of the legal framework and the fair functioning of the collective
management bodies.
Since May 2006, a working group consisting of prosecutors, representatives of the
governmental institutions and private industries was set up under the coordination of the
Prosecutor’s Office attached to the High Court of Cassation and Justice with the aim to
prepare the Regional Congress for South East Europe and Central Asia on „Efficient
cooperation – visible results”, organized by the Romanian Government and the Public
Ministry in cooperation with the World Customs Organization (WCO), INTERPOL and OMPI.
The Congress was held in Bucharest, on 11-12 July 2006.
Joint teams of police officers and ORDA representatives took part in common actions and
seized different goods, such as CD’s, DVD’s, hard disks during the May-June period: 6343
CD’s and DVD’s, 18 hard-disks and other computer’s components.
An Agreement between the Romanian Patent Office (OSIM) and the Danish Patent Office
has being signed on May 11, 2006 with a view to improve the mutual assistance between the
two offices, including the field of patents and supplementary protection certificates.
According to this Agreement, the Danish Patent Office will support the implementation of the
supplementary protection certificates: technical assistance to OSIM specialists, concerning
the aspects of processing the supplementary protection applications, procedural elements,
calculating the protection period, examining the authorization of marketing medicines in
Romania and EU, registrations, etc.
At the date of starting the processing requests for supplementary protection, a group of 4-5
examiners with patent examining experience will operate within OSIM.
Professional training
In the period 13-14 July 2006, a training session in the field of the protection and enforcing of
intellectual property rights took place in Bucharest. The event is organised by the UN
Economic Commission for Europe (UNECE) and the World Intellectual Property Organization
(WIPO) in cooperation with National Institute of Magistracy (INM). The training session will
be attended by a number of 80 persons (prosecutors, police officers and customs experts
from Bulgaria and Romania).
Under the PHARE Twinning RO/02/IB/JH-10 programme - Continued Assistance for the
Development of NIM and the Training Centre for Clerks a number of 11 manuals containing:
legal documentation on best practices, jurisprudence and relevant EU legislation for each
training seminar designed (out of which 1 in the field of intellectual property law) were
developed and available on NIM`s site.
Between 26th and 27th of June, a seminar on IPR Enforcement was co-organised by the EU
TAIEX Office and the Ministry of Justice, in Bucharest, and was attended by a number of 70
persons: customs experts, prosecutors, judges, police officers, ORDA and OSIM experts –
all the participants being specialised in the IPR field.
In the reference period, training sessions have been organised for police officers specialised
in IPR: 5 seminars on combating economic-financial criminality; 2 seminars on counterfeiting
68
issues, organized in Iasi and Sibiu by the REACT Association, the Chamber of Commerce
and Industry and BRAND DEFENDER Association for protection of intellectual property
rights, 2 training sessions in the field of protecting intellectual and industrial property rights,
and a round table on “Counterfeiting and piracy in Romania”, organized by Tech Team
Global
Other training activities for customs experts involved in the IPR enforcement were organised:
-
The “LION” operation organised at the initiative of the World Customs Organization
between 01.06-31.07.2006. The operation consists in monitoring the traffic of
counterfeited goods regarding the World Football Championship, Germany 2006
-
A “Festival for Defending the Intellectual and Industrial Property Rights” organised by the
European Commission together with the Ministry of Culture of Bulgaria, held in Ruse –
Bulgaria between 10th and 12th of May 2006 for representatives of customs offices,
ORDA and OSIM
-
A conference on “Counterfeiting and Protection of the Industrial Designs and Patterns”
held between 19th and 20th of May in Eforie Nord attended by 60 people.
Public awareness
A large number of journalists were present when the Protocol regarding the setting up of the
“Working Group on Intellectual Property” was signed at the headquarters of the Prosecutor’s
Office attached to the High Court of Cassation and Justice, on June 26, 2006. A press
conference followed the event.
Operative actions of joined teams –prosecutors-police officers – were organized in Iasi for
identification of individuals who were downloading music and movies from the internet and
burning it on the CDs. These actions have been widely reflected in the central media.
2.3.6. Chapter 6 - Competition Policy
Regarding the antitrust policy in the analysed period, the Competition Council issued 27
decisions, as follows:
27
-
TOTAL
Abuse of dominant position (art. 6)
Out of which:
own initiative
complaints
-
Economic concentrations (art. 10)
Out of which:
non-intervention
non-objection
Sanctions
notification failure
abuse of dominant position
complaints on art. 5 and art. 6
19
5. Other decisions (recalculation of the authorization fee)
3
8
11
5
3
1
1
Regarding the investigations carried out during the analysed period, the Competition Council
started two new investigations, as follows:
-
Investigation no.157/27.06.2006 whose object is the possibility to grant an individual
exemption from the provisions of article 5 in the case of the agreement concluded
between Alpha Bank Romania, Romanian Bank, Piraeus Bank Romania, Volksbank
Romania and Transilvania Bank concerning the setting up of the inter-banking
69
commission / of the commission for cash withdrawal by means of cards from the banking
machines nets of the signing banks’ ATMs network.
-
Investigation no. 163/03.07.2006 that follows the exemption request, whose object was
the applicability of art. 5 of the Competition Law in the case of the contracts concluded
between SC Philip Morris Romania SRL and its commercial partners.
Also, during this same period, the Competition Council carried out, within the investigations
opened, 13 unannounced controls.
During the reporting period, the Competition Council issued 5 sanctioning decisions for the
infringement of the provisions of the Competition Law. The fines’ value raises up to the sum
of RON 27,293,290 (EUR 7,581,469).
During the assessed period, the Competition Council issued, at the request of law-initiator
institutions, 5 favourable notices with remarks and modification proposals and 6 points of
view, on normative acts drafts, submitted with the purpose of analysing their impact on the
competition
Concerning the enforcement of the state aid legislation, during the reporting period, the
Competition Council adopted 24 decisions on the state aid, whose typology is presented
bellow:
By the type of decision:
- 24 authorising decisions
By the type of aids authorised:
-
18 aid specific allocations
4 state aid schemes
1 global approach
1 individual aid
By the objective of the aid granting:
- 11 - restructuring
- 9 - rescue
- 3 - regional development
- 1 - service of general economic interest
The cooperation with the European Commission experts, in the framework of the preconsultation mechanism started in September 2004, continued during the reporting period. In
these conditions, 19 draft decisions were submitted to the European Commission. Out of 19
draft decisions, 16 have been finalised, out of which 13 were accepted without comments or
after requesting various clarifications that brought no substance modifications to the
decisions.
PERIOD
Number of draft decisions
submitted under the preconsultation mechanism
Number of draft decisions
finalised, out of which:
- accepted
without
comments/
after
requesting
some
clarifications
- accepted with comments
2004
Ratio
(%)
2005
Ratio
(%)
2006
Ratio
(%)
31
100%
70
100%
58
100%
31
100%
69
98%
55
95%
10
32%
55
80%
44
80%
21
68%
14
20%
11
20%
70
The synthetic presentation of the developments occurred under the pre-consultation
mechanism indicates a positive trend in the Competition Council’s state aid legislation
enforcement activity. Because the clarifications requested by the EC experts do not modify
the substance of the Competition Council analysis, it can be concluded that, currently, 80%
of the drafts prepared by the Competition Council’s experts are, even in their initial form,
compatible with the acquis.
If the EC experts raise comments, the drafts elaborated by the national authority will be
modified accordingly. Thus, all official decisions issued by the Competition Council are in
accordance with the EU legislation.
Regarding the interim procedure, the EC Report of May 2006 ascertained that the state aid
legislation enforcement reached a satisfactory level. In this context, the pre-consultation
mechanism stopped. Romania shall send to the European Commission, for assessment, the
state aid measures that shall be implemented as well after accession date, within the interim
procedure.
With regard to state aid investigations, the investigation concerning the financial support
measures from which benefited SC Lamdro SA Drobeta Turnu Severin was extended,
through Order of the Competition Council President no. 115/ May 4, 2006, in view of
analysing the restructuring aid from which the company benefited and its effects over the
competition in order to take the necessary measures according to the Law no. 143/1999 on
state aid, republished.
The state aid recovery from the companies that operate in disadvantaged zones and that
exceeded the maximum admissible level of intensity, continued. Thus, the total of the illegal
state aid recovered until June 30, 2006 exceeds the amount of RON 2,650,000.
Also, in the steel sector (see point 3), as a consequence of the Competition Council’s
diligence, illegal state aid in amount of RON 45,976,980 was recovered – Mittal Steel Galati
(RON 42,625,985), Silcotub Zalau (RON 1,370,338) and Artrom Slatina (RON 1,980,657).
Following the controls carried out, the amount of RON 102,339 was recovered from an
economic agent that operates in free zones and that exceeded the maximum admissible
level of intensity. As well, as a consequence of issuing certain conditioned authorization
decisions on the reimbursement of state aid, the recovered amount exceeded RON
2,700,000 (SC TREMAG SA, SC UZTEL SA, SC MAT SA, SC ARIS SA).
In conclusion, the quantum of the recovered illegal state aid is currently, around RON 51
million.
During the reporting period, for avoiding the adoption of several normative acts that contain
incompatible state aid measures, the Competition Council issued: notices, points of view and
clarifications as follows:
-
8 notices regarding legislative acts’ drafts; By the notices formulated over certain
legislative acts’ drafts through which state aid measures were instituted, the Competition
Council requested the respective measures to be granted on the condition that state aid
rules are respected, forbidding at the same time the granting of aids incompatible with
state aid rules.
-
4 points of view regarding different support measures;
-
24 clarifications in the state aid field, both on the request of other institutions, companies,
etc. and ex officio. Through these clarifications, proposals for bringing into line certain
state aid measures, have been formulated.
In what concerns other actions that contribute to an adequate implementation of the state aid
legislation, the monthly meetings of the Inter-ministerial Working Group on State Aid
continued, 2 meetings taking place during the reporting period. During the meeting of the
Working Group of Mai 3, 2006, the experts of the Competition Council presented to the
grantors the implications of the state aid legislation over the local public authorities. On June
22, 2006 a new meeting of the Working Group took place, during which the inspectors of the
71
Competition Council presented to the state aid grantors specific aspects of the reporting
procedure, as well as the necessary data for the elaboration of the state aid inventory by the
Competition Council.
The Competition Council continued to daily monitor the important information published in
the press, in order to take the necessary measures, when needed, including opening
investigations.
The State Aid Register continues to be permanently up-dated by introducing information in
the data base established by the Competition Council for this purpose.
During the assessed period the following Monitoring Reports with regard to state aid control
and monitoring were finalized and submitted to the European Commission:
-
Report on the monitoring of state aid granted to companies that possess investor
certificate in Disadvantaged Zones;
-
Report on the state aid granted under the Law 332/2001;
-
Report on the state aid granted to companies operating in the free zones.
During the reference period, the control activity continued, the following control and
monitoring actions being undertaken:
-
345 controls on the fiscal and social aid, as well as scheduling the energy payments;
-
33 controls regarding state aid granted under EGO 37/2004 on reducing the arrears in
economy;
-
205 monitoring actions on the state aid that the companies operating in the deprived
areas benefited of;
-
2 monitoring actions on the state aid that the companies operating in the free zones
benefited of.
The document on “State Aid Policy: 2006-2013”, elaborated at the initiative of the
Competition Council and presenting the guidelines that must be respected in the state aid
granting process, was adopted through GD no. 651/2006 (OJ no. 494/7.06 2006). The
Ministries will elaborate compatible state aid schemes in order to respect the above
mentioned document’s provisions. According to the revised Lisbon Agenda, these schemes
will focus on horizontal objectives, such as: regional development, research and
development, assistance to SMEs, employment, professional training.
Between first of May and first of July the Task Force established within the Competition
Council, in order to prepare the fulfilment of specific attributions in the state aid field after
accession, organized working meetings in view of completing the Action Plan for the
implementation of the state aid policy during 2006-2013.
Thus, in the context of intensifying efforts to grant assistance to management authorities and
intermediary organisms that will be involved in using European structural instruments, 4
meetings with representatives of Ministry of European Integration and Ministry of Transport,
Constructions and Tourism took place. Their specific goal was to elaborate compatible state
aid schemes by following the objectives of the state aid Policy Paper.
The Task Force also elaborated the Regional Map draft, based on which Romania will be
able to grant regional state aid after accession. The Map will be officially notified to the
European Commission after the accession date is established.
The situation of steel companies not included in the National Restructuring Programme
-
SC ARTROM SA Slatina – the company submitted to the Competition Council a
commitment regarding the reimbursement, until the end of May 2006, of the illegal state
aid and afferent interests of which the company benefited, in value of 1,980,658 RON.
-
SC Lamdro SA Dr. Tr. Severin – the company manufactures ECSC products, being at
present investigated by the Competition Council. During the investigation, supplementary
72
information regarding the structure of the shareholders and the financial support
measures that the company benefited of, were requested from SC Lamdro SA and the
Ministry of Public Finances. During this week, the investigation report will be submitted to
the Competition Council’s Plenum who will issue the Decision.
During the reporting period, 57 professional training activities for the Competition Council’s
personnel were organized (38 in competition field and 19 in the field of state aid) in the form
of intra-departmental meetings, seminars, workshops etc.
The topics approached within the inter-departmental meetings concerned aspects related to
unannounced inspections, the most favoured client clause, definition of geographical market
in economic concentration cases, the structure of the investigation rapport and USA and EU
cartel cases.
The Competition Council continued to organise the reunions of The Inter-ministerial Working
Groups on Competition and State Aid Questions. Thus, in the reported period, two meetings
of The Inter-ministerial Working Group on Competition Questions and two of The Interministerial Working Group on State Aid Questions took place. At the same time, the
Competition Council was involved in 17 cooperation activities together with the 16 institutions
(including the national regulatory authorities) with which it previously signed
agreements/protocols of cooperation.
Lots of meetings with foreign businessmen and debates on practical, concrete aspects
related to the activity of the competition inspectors took place within the framework of
international cooperation. On this occasion, there have been approached the latest topics
in the antitrust field as follows: competition in banking sector, competition and environmental
protection, the abuse of dominant position and the private enforcement of the antitrust
legislation.
The competition culture advocacy represents an important component of the Competition
Council’s activity in order to protect, maintain and stimulate a normal competitive
environment. During the reporting period, the Competition Council carried out 53 advocacy
activities in antitrust and state aid fields.
At local level, over 40 advocacy actions have been organised. The monthly bulletins and the
„Community News” have also been published. Moreover, there have been published new
issues of the „Profile: Competition” magazine, as well as the next state aid guides
disseminated:
-
Guide of the state aid for the disadvantaged zones beneficiary;
-
Guide on drafting up the state aid schemes by the Romanian state aid initiators;
-
The local authorities guide on state aid.
2.3.7. Chapter 7 - Agriculture
Paying and Intervention Agency for Agriculture (APIA)
Headquarters efficiency
The necessary headquarters at the APIA county and local level (42 county headquarters and
210 county and local headquarters) have been ensured. As concerns the repairs, a feasibility
study framework was launched on the 10.06.2006. The selection, on each region, of the
companies that provide design services has started on the 29.06.2006 and will be concluded
on 15.07.2006.
Selection and hiring of the staff
At the beginning of June 2006, from the total of 5000 positions within APIA, a number of
3600 positions were occupied, out of which 304 at the central level and 3296 at the county
level, respectively.
73
During 23 – 30 June 2006, contests for the managing staff and the execution positions,
respectively were carried on within APIA (central level and county headquarters). From the
preliminary data centralized until now, the filling of an additional number of approximately
600 positions is estimated.
During 11 - 13 July 2006, contests for the filling of a number of 103 posts in management
have been carried on, out of which 17 jobs at the central level and 86 at the county level.
Thus, it is estimated that, at 30.06.2006, the APIA staff will be of approximately 4300
employers.
Staff training
The Strategy on long and short term for the continuous professional training (CPT) for the
APIA staff has been finalised. The main objective is represented by the consolidation of the
institutional capacity of the APIA through the achievement of a competent staff training
system.
During May – 10 July 2006, different training stages for the APIA employers have been
completed, the main topics consisting of: APIA activity (154 participants), the procedure of
achieving the link with the farmers within IACS (420 participants), APIA assessment in the
view to carry out audit activities (10 participants), the system of the complementary national
directs payments (55 participants), the grants system for commercial mechanisms (22
participants), etc.
The service for staff training within the Human Resources Directorate has started to
collaborate with its counterparts on professional training from APDRP and ANSVSA, in order
to ensure experience exchange in the training on common issues, as covered by the
Collaboration Protocols.
Preparation for accreditation
The Audit Directorate of APIA finalised, on 30.06.2006, the audit report regarding the
evaluation of APIA for accreditation. In order to insure the training of auditors within APIA,
participation to an internal audit training programme for community funds in agriculture has
been requested from a number of 4 specialised companies.
In order to carry out the external audit of the two Agencies, a working group has been set up
by a Common MAPDR/MFP Order for commencing the accreditation process. The working
group consists of 25 de auditors (belonging to the Competent Authority, MFP and the
territorial structures of MAPDR).
The tender process for selecting the external audit company has been relaunched. The call
for tender was sent at the Official Journal in 20.06.2006 and it is estimated that the contract
will be signed on 26.08.2006.
Trade mechanisms
APIA manages the zero tax contingents opened with the European Union (opened on
01.01.2006 by the foreign trade department within the Ministry or Economy and Trade) for
poultry and pork. Thus, starting with 01.03.2006, APIA, through the Market Measures
Directorate issues import certificates within these to contingents, as well as export
certificates for exports of wine with export premiums. For these contingents, APIA manages
also the guarantees system.
APIA has also taken over the responsability for the allocation of the contingent for poultry for
the second semester of 2006, which was opened on 3.06.2006. The preparation for opening,
as far as the logistic and staff training issues are concerned, has been concluded. Thus,
procedures for the contingent management have been issued, based on which the staff with
attributions from the Market Measures Directorate - foreign trade has been trained.
Implementation of the measures for market regulation
The measures of the EU internal market within each common market organization (CMO)
have been identified and the work for the 29 procedures manuals is currently ongoing. Out of
74
these, the 3 written procedures for cereals intervention (procurement; storing and stocks
monitoring; sale) have been approved by the Audit Directorate during 21-23.06.2006. For
each manual, the calendar for carrying it out has been set up (the deadline is 15 December
2006) and an implementation scheme and a scheme for the staff training have been
established. Reference books for the beneficiaries of these measures on the EU internal
market will be carried out.
As regards the sugar sector, there are 4 experts hired within the market measures
Directorate and at county level, where sugar factories exist that process sugar beet, there is
an inspector designated only for this sector.
For the market measures regarding trade with other countries from CMO, 9 procedures
manuals were elaborated until 30 June 2006, regarding the system of the import certificates
administration, export certificates, certificates with advance fixing and restitutions at the
export for the agricultural products; trade management for: poultry and eggs, pork, wine,
cereals and sugar.
On 29.06.2006, APIA concluded with the National Customs Authority (ANV) a Protocol of
Permanent Inter-institutional Collaboration within the Certification System Managing Field for
the import and export of agricultural products and of the Implementation of the
Communitarian Regulations regarding the Operation of the Restitution Schemes at Export for
the agricultural products. This Protocol has as its main objective the establishment of the
responsibilities for the two institutions in accordance with the community regulations
regarding the goods imports and exports, which make the object of the Common Agricultural
Policy of the European Union. Through this Protocol, the Agency and the Customs Authority
have agreed upon the documents, information and data that will be submitted by the Agency
in view of grounding the restitution payment to economic operators. At the same time, the
controls that shall be carried on by the Custom Authority in the field of goods that benefit of
restitutions in accordance with Council Regulation No. 386/1990 and Council Regulation
(EC) 2090/2002 have been nominated. Furthermore, through this Protocol, it was established
that the specialised structures of the two institutions will inform each other, when necessary,
on activities that imply or that are in relation with the responsibilities provided by this Protocol
and they would agree on the proper collaboration, information and support methods.
On 30.06.2006, APIA concluded with the National Sanitary Veterinary and Food Safety
Authority (ANSVSA) a Protocol regarding the Permanent Inter-institutional Collaboration. The
Protocol establishes the APIA and ANSVSA responsibilities in accordance with the
community regulations regarding the control at the import of live animals, products of animal
and non-animal origin as well as other products submitted to the surveillance and to the
sanitary and veterinary control and phytosanitary products for which restitutions at export are
granted. Furthermore, it was established that the directors of the Audit Directorates within the
two institutions would inform each other on the audit activity that imply or are in relation with
the responsibilities provided through this Protocol and they would agree on collaboration,
information and support method.
For the Non-Annex I products field a new tripartite Protocol between APIA, ANV and
ANSVSA is being elaborated. In this respect, 3 meetings between the representatives of the
three authorities have been carried on.
In view of carrying out the inspections manuals, the experts within Inspection Directorate
take part in all working groups for drafting the procedures manuals.
Procedures
The procedures which had as deadline the month of June 2006 have been concluded and
have been presented to the communitary experts participating in the audit mission for Paying
Agencies and IACS carried on during 26 – 30 June 2006. The other procedures manuals are
in different stages of carrying out and will be finalised in accordance with the Master Plan for
APIA and IACS.
Implementation of Integrated Administration and Control System (IACS)
75
Land Parcel Identification System (LPIS)
Until 04.07.2006, the National Agency for Cadastre and Land Registration (ANCPI) has
delivered to APIA orto-images that cover the area of 224,173 Km² of the total of 238,392
Km² (94 %).
Until 06.07.2006, 792 administrative areas have been handed in by the digitisation
contractors at the external quality control, out of which 756 have been checked and 335
administrative units has been stated proper. Out of the 335 administrative units, for 200 the
maps have been printed and sent to the county headquarters of APIA. For the rest of 140
administrative units, the maps have been printed during 10 – 14 July 2006 and are being
sent in territory as they are finalised.
Establishment of the link with the farmers
The procedures manual regarding the identification of the land parcels (link with the farmers)
has been elaborated and the procedure of physical blocks has been completed.
The link with the farmers will be carried out through 420 organized teams, ensuring 10 teams
for each county. Currently, there are 401 such teams.
The first phase of land parcels identification by the farmers has started in 200 administrative
areas and concluded in 23 administrative areas.
During 13 – 15 of June 2006, experts within the LPIS Service at central level have made the
checking of the land parcel identification process by the farmers from the counties where this
activity has started (Brasov, Sibiu, Suceava, Bistrita – Nasaud, Maramures, Olt). The
procedures manual is known and applied by the checked teams.
The tenders’ selection to nominate the contractors which will carry out the two pilot projects
for achieveing control through teledetection in Lupsanu, Calarasi county and Valea
Calugareasca, Prahova county, is currently ongoing. The following steps have been carried
out for Lupsanu:
-
The land parcel identification by all the farmers (link with the farmers) and the completion
of the database of the Farms Register have been finalised;
-
In May 2006, the APIA staff involved in the two projects has been allocated. The
database necessary for the projects has been prepared, respectively, the Farms
Register, LPIS data and the link with the farmers, elaboration of the solicitation form,
selection and farmers contacting.
-
During 1 -15 of June 2006, the solicitation forms and the informative materials for the 50
selected farmers have been printed;
-
During 10-20 of June, a software application to register the data from solicitations has
been created.
-
During 20-24 of June, 50 farmers have completed demands and the land parcels have
been delimited on maps.
-
Currently, the activity of processing the solicitations is ongoing.
Farms Register
Until the present date, in order to insure the registration in the Farms Register, a number of
1,441,941 registration forms have been completed. The area of the farms for which the
registration forms have been filled is of 9,302,908 ha.
From all the register forms filled in, for a number of 1,309,446 forms (90.84%) the data have
been introduced in the Farms Register database.
Currently, in the database, data for the link with the farmers is introduced for the identification
of physical blocks where declared land parcels exist. This is done for the 10 finalised
territories. Together with the introduction of this data, the checking, the completion and the
correction (if it is the case) of all data introduced in the Farms Register are being performed.
76
Procedures accomplishment
The following procedures manuals are in the process of drafting:
-
Identification of the land parcels – realized 100%
-
LPIS maintaining - realized 80%
-
Farms register maintenance - realized 30%.
-
Application of the National Complementary Direct Payments (NCDP) – realised 80%,
and will be finalised after the final decisions regarding NCDP.
Regarding the procedure of the complying with the good agricultural and environment
practices control (GAEC):
-
The impact of the good agricultural and environment practices implementation defined
through the Common Order of MAPDR/MEWM No. 221/325/2006 has been assessed;
-
APIA proposed to MAPDR and MEWM the renouncement of GAEC3 regarding the
elimination of the unnecessary vegetation, of the scrubs and of the bushes from the
permanent meadows. The proposal for elimination is based on the fact that the keeping
of GAEC 3 might have as result the elimination of some landscape features with positive
impact on environment (which should be maintained) and that are very important for the
preservation of the biodiversity and of the habitat. In this respect, a new Order for GAEC
definition has been initiated, which is estimated to be adopted by 20 July 2006 (it has
been approved by MAPDR and is, currently, under endorsement procedure at the
Ministry of Environment and Waters Management).
IT system
During the auction procedure regarding the designation of the contractor to accomplish the
software, the Decision of the evaluation commission regarding the designation of the winner
(SIVECO) was communicated on 30 June 2006. Currently, the phase of drawing up the
contract is ongoing, the signing being envisaged for 10 – 15 of July 2006. The electronic
version of all procedures manuals will be accomplished with the support of the IT system
contractor.
The Romanian – Polish consortium has a good experience in this field since the Polish
company has made the IT system of the Paying Agency in Poland and the SIVECO
Company has developed together with the Ministry of Public Finance the data interchange
system for EU excises and together with the Customs Authority the national transit system
with the EU.
The consortium, based on the experience obtained throughout the development of software,
foresees the following deadlined for APIA (including IACS):
Module
Analysis and projecting the system
IACS
• Farm Registry system
• Initial data captation (data input, management of documents)
• Administrative controls (control of application, cross controls)
• On the spot controls (risc analysis, inputting data gathered from on the spot
controls)
• Authorisation of payments
LPIS
• Printing graphic materials (automatic printing of maps on a large scale)
• LPIS database
Market regulation schemes
• System for trading cereals, wine, poultry, pork and sugar
• Cereals intervention system
77
Deadline for
operationalisation
20.09.2006
17.10.2006
17.10.2006
04.01.2007
07.02.2007
16.03.2007
17.10.2006
04.01.2007
28.12.2006
04.01.2007
• Other products intervention system
• Other schemes
Rural development measures
Financial – accountancy module
28.06.2007
02.04.2007
02.04.2007
09.07.2007
All the deadlines include a testing period on the APIA equipments, the training of APIA
personnel for these IT applications, so that the deadline represents the actual date of
operating the final module.
The contract for the procurement of 1000 computers from the national budget funds has
been completed. The deliveries will be made during July: 250 PCs and 10 laptops at centre
and 750 PCs and 40 laptops at the county level. The auction for the procurement of
equipments from Phare funds (servers, 2500 working stations, network equipments, off line
equipments) the documentation has been approved by the EC Delegation and was sent for
publishing.
The national data-transmitting network will be made with the support of the Special
Transmitting Service. In this respect, during 3-7 of July 2006, bilateral discussions between
the representatives of the agencies and of the service took place in order to conclude the
technical specifications and the way of accomplishing the collaboration. Thus, it is envisaged
the accomplishment of the transmission network at the county level in October and at the
local level in December 2006.
The Paying Agency for Rural Development and Fisheries (APDRP)
Law no. 198/22.05.2006 (OJ no. 452/25.05.2006) for approving EGO no. 13/2006 regarding
the setting-up, organization and functioning of the Paying Agency for Rural Development and
Fisheries, by reorganising the SAPARD Agency was adopted.
According to this normative act, APDRP is organized in three levels: central, regional (8
regional centres) and county (42 district offices). The County Offices were organised by
taking-over the SAPARD Delegated Technical Services (386 persons) within MAPDR.
It is possible that the technical implementing function of the Management Authority will be
delegated to APDRP for certain rural development measures from the National Rural
Development Program 2007-2013 (receiving financing requests, evaluation, selection and
draft contracting). Moreover, APDRP delegates to APIA responsabilities corresponding to the
payment function for the support measures per area. The relation established between the
Management Authority for PNDR, APDRP and APIA will be regulated by a protocol.
By MAPDR Order no.137/2006 the following were approved: Management and Operation
Statute, organizational structure and the number of posts for the APDRP.
Measures regarding necessary personnel assurance
During May – June 2006, 149 vacancies were occupied as follows: 11 at central level, 30 at
regional level and 108 at district level. Currently APDRP has a total number of 1262 posts,
out of which 1047 are occupied as follows: 185 at central level, 297 at regional level and 565
at district level. The number of vacancies is 215 from which: 28 at central level, 30 at regional
level and 157 at district level. By the end of July 2006, new contests for occupying all the
vacant posts will be organised.
Measures of personnel training
The newly employed staff is trained by the existent staff, based on the principle of ”cascade
training”. For the beginners, the training period is six months. At central level, the training is
accomplished after five stages, each lasting one day per week.
During the previous training sessions, a total number of 190 APDRP experts participated,
and approached the following themes:
-
Identification of the needs referring to the functions and responsibilities of the Paying
Agency for Rural Development and Fisheries;
78
-
The institutional and legislative frame for implementing rural development measures
financed by the European Fund for Agriculture and Rural Development;
-
Presentation on the functioning of similar structures from the member Countries;
-
A presentation of the different rural development measures implementing system;
-
The presentation of the procedural flux maintainance software of the Italian Payment
Agency.
-
Measures for developing the necessary IT system
The Agency currently has a number of 827 workstations and 43 laptops for 1047 employees.
The procedure of acquisition for 156 PC workstations, 48 network servers, 43 high-speed
scanners and other endowments with PHARE financing was started.
The IT integrated system is about to be finished, being based on the system existing in the
APDRP (a VPN intranet network between the headquarters and regional centres, and the
Workflow system created by HP). The connection of the County offices at the VPN network
will be accomplished by collaborating with Special Telecommunication Service and will be
finalized in November 2006.
The current IT system is in process of development in order to become compatibile with the
integrated IT system for ARDRP that will ensure both the interface with IACS and a common
usage with the Management Authorities. The terms of reference for hardware endowment of
APDRP and the Management Authority from Phare funds were elaborated, and both the
service acquisition procedure for analysing the existing IT system and the elaboration of the
cost book for developing the integrated software for APDRP were started.
Measures regarding the material basis of the District Offices
As regards the endowments, all Couny Offices have the necessary endowment needed for
running the activity with the personnel taken-over as well as with the new employees, as
follows: PCs, Xerox machines, cars, furniture, and other (video cameras, fax machines,
internet connection). In order to consolidate the activity of the taken-over District Offices,
APDRP drafted an Investment and Acquisition Action plan.
The contracts for furniture, transportation means and PC systems acquisitions are being
executed. The endowment and acquisition process for APDRP will be finalized on October
31st 2006 . Currently APDRP has 76 cars and the procedure of acquisition for 50 new ones
was started (on July 17th 2006, the suppliers’ evaluation and selection procedure will
terminate).
Administrative Procedures
The manuals for the administrative procedures regarding: internal audit, human resources,
document archiving and public acquisitions (by adapting the procedure manuals existing in
the SAPARD Program) were finalized.
The operational procedures included in the Framework Manual were accomplished with 80
per cent ratio, with the following limits: the PNDR’s approved files 2007-2013 and the signing
of the APIA delegation protocol.
Inter-institutional cooperation protocols
The protocol between the Management Authority, APDRP, and APIA, according to which the
Management Authority for PNDR delegates to APDRP and APIA the functions for measures
implementing from PNDR, sustained by FEADR, and APDRP delegates to APIA the payment
function for the support measures per surface (which involve the use of the Integrated
Adminitration and Control System - IACS) has been drafted and wil be signed shortly.
79
The SAPARD Program: state of play of implementation, absorption of funds and
accreditation of measures
Accreditation process
Currently, 10 accredited measures are implemented under the SAPARD Programme, as
follows:
1.1 Improvement of the processing and marketing of the agricultural products
2.1 Development and improvement of rural infrastructure
4.2 Technical Assistance
3.1 Investments in agricultural holdings
3.4 Development and diversification of economic activities, providing for multiple activities
and alternative incomes
4.1 Improving the vocational training
1.2 Improving the structures for quality, veterinary and plant-health controls, for the quality of
food stuffs and for consumer protection
3.2 Setting up of producers groups
3.3 Agricultural production methods design to protect the environment and maintain the
countryside
3.5 Forestry
Current stage of absorption of allocated funds
As regards the absorption of allocated funds in the terms provided both in Multi-Annual
Agreement and the signed Annual Financial Agreements, the amounts paid to the
beneficiaries up to June 23rd 2006, the consumption rate is of 100% from AFA 2000, 100%
from AFA 2001, 43,57 % from AFA 2002 and 14,50% from total allocation from AFA 20022004.
As regards the commitments, the financial allocations afferent to the years 2000, 2001, 2002
and 2003 are entirely committed, and the financial allocation for 2004 is under commitment,
the rate being of 43.89%. Also, at 23.06.2006, there are 485 projects notified in view of
contracting, with a total value of 127.60 million euro.
In order to avoid the risk of de-commitment for the funds allocated under AFA 2004, funds
with a total value of M EUR 118,71 shall be committed and payments in value of M EUR
550.13 will be executed by the end of 2006.
Report on measures’ implementation
Allocation
Amount
AFA 2000
AFA 2001
Total allocation AFA
2002, 2003, 2004
AFA 2002
204.23
208.39
643.43
AFA 2003
AFA 2004
217.74
211.57
AFA 2005
AFA 2006
216.31
215.32
214.12
Committed
100%
100%
81.55%
MEUR 524.72
100%
100%
43.89%
92.86 M Euro
0%
0%
80
Paid %
MEUR payments
100%
100 %
14.50 %
MEUR 93.30
43.57 %
MEUR 93.30
0%
0%
Deadline for funds
consumption
paid
paid
December 2006
0%
0%
December 2007
December 2008
December 2006
December 2006
December 2006
As regards the 6 measures accredited in August 2002 and December 2003, at the abovementioned date, the state of play is as follows:
Measure 1.1
Measure 2.1
Measure 3.1
Improvement of the processing and marketing of the agricultural products
492
- submitted projects
M EUR 364.77
with a total value of
91
- notified projects
81.20 M EUR
with a total value of
- contracted projects
246
value
M EUR 157.09
Development and improvement of rural infrastructure
- submitted projects
831
value
M EUR 672.09
- selected projects
612
value
M EUR 496.70
- contracted projects
604
Value
M EUR 463.55
Investments in agricultural holdings
- submitted projects
1686
value
M EUR 187.25
- selected projects
166
value
M EUR 27.79
- contracted projects
1109
value
M EUR 111.62 euro
Measure 3.4
Development and diversification of economic activities, providing for multiple
activities and alternatives incomes
- submitted projects
1174
value
M EUR 76.68
- notified projects
228
Value
M EUR 18,62
- contracted projects
659
value
M EUR 38.29
Measure 4.1
Improvement of vocational training
- submitted projects
value
- contracted projects
value
7
M EUR 4.94
7
M EUR 4.94
Technical Assistance
- submitted projects
value
- contracted projects
value
20
M EUR 2.13
12
M EUR 1.7
Measure 4.2
Measure 1.2
Measure 3.5
Improving the structures for quality, veterinary and plant-health controls, for
the quality of food stuffs and for consumer protection
- submitted projects
16
value
M EUR 78.79
Forestry
- submitted projects
102
Value
M EUR 78.79
81
Committed amounts
- EUR Measure
Measure
Measure
Measure
Measure
Measure
Measure
Total
1.1
2.1
3.1
3.4
4.2
4.1
Total allocation for
2000 - 2005
265,975,261
645,681,178
202,078,980
70,274,047
3,192,500
6,828,373
1,194,030,338
Committed amounts on
23.06.2006
270.830.455,47
463,553,714.22
139.408.804,31
56.911.295,73
1.697.500
4,940,851
937.342.620,73
Commitment rate of
allocations for 2000 - 2005
101,82%
71.79%
68.99%
80.98%
53.17%
72.36%
78.50%
Authorised and Executed Payments
- EUR Measure
Measure
Measure
Measure
Measure
Measure
Measure
Total
1.1
2.1
3.1
3.4
4.1
4.2
Total allocation
2000 - 2005
265.975.260,86
645.681.177,63
202.078.979,69
70.274.046,90
6.828.373,33
3.192.500,00
1.194.030.338,41
Authorized
payments by
rd
May 3 , 2006
82.624.265,04
382.003.191,30
46.398.594,92
9.665.627,06
0
1.166.849,89
521.858.528,21
Executed
payments by
rd
May 3 , 2006
78.040.680,95
377.035.206,08
40.707.681,19
8.974.195,67
0
1.166.226,48
505.923.990,37
Consumption rate of
total allocation for 2000
rd
– 2005 on May 3 , 2006
29,34%
58,39%
20,14%
12,77%
0
36,53%
42,37%
Quality policy
Until the present date, based on the national legislation (harmonized with the acquis
communitaire) a number of 600 traditional products have been certified (based on the files
submitted by DADRs and certified by the competent authority within MAPDR). Currently, the
inspection system in the field is fully operational in accordance with the national legislation in
force.
Common market organisations
Vegetables - fruits
A draft MAPDR Order regarding the organisation and the functioning of the State Inspection
for the Technical Control in the Producing and Trade of the Vegetables and Fruits
(SITCPTVF) has been elaborated and it is expected to be adopted by 15.08.2006.
A draft Procedures Manual for the inspectors of the organisms for county control regarding
the way to accomplish the control of conformity and unitary application of the trading
standards has been elaborated. The Manual will be sent to the 42 organisms for territorial
control by the end of July 2006.
The procedure for procuring the necessary software for the administration of the database of
the operators from the vegetables and fruits sector, the identification of the risk factors and
the operators’ classification has been initiated. Through the setting up of this information
system, the SITCPTVF will insure the link to the system of all control organisms at the
territorial level with the central authority.
The technical specifications for the endowment of the 42 territorial control organisms of
SITCPTVF with: 44 auto laboratories, 84 equipment for the conformity control, 44 laptops,
etc have been submitted to CFCU.
Vineyard - wine
The draft law for modifying and completing the Law No. 244/2002 of vineyard and wine in the
system of common organisation of the vineyards market has been elaborated, thus ensuring
the complete compliance with the requirements of the Common Market Organisation in the
82
field as well as the draft of the Common MAPDR/MAI Order for the approval of the norms for
the institution and administration of the individual rights of planting/replanting of the vineyard
with wine grapes in order to set-up and manage the national and regional reserves.
The setting up, by the end of August 2006, of a department for the administration of the
Vineyards Register within MAPDR – National Office of the Vineyard and Wine has been
decided.
The technical specifications have been drawn up and the financial resources have been
identified in order to procure the software capable to administrate the production potential
(Vineyards Register) and will be compatible with IACS and the Farms Register. At the same
time, the technical specifications for the endowment of two laboratories for the control of the
wine quality (at Constanta and Craiova, supplementary beside the three existent
laboratories) have been submitted to CFCU.
Sugar sector
The draft MAPDR Order for definitive allocation of the sugar quotas for processing units has
been elaborated and is currently under endorsement process. The Final Report of the Audit
Commission on the sugar factories as well as the quotas resulted following this evaluation
was presented for analysis within the Council on product of 8 June 2006.
Milk sector
Following the competition held on 19-21 June 2006 for the occupation of the vacant posts
within the Milk Quota Department, the number of employees is currently of 240 persons (out
of which 18 at the headquarter and 222 in regional offices).
In order to ensure the necessary equipment (furniture, IT) for 200 experts by the end of July,
the relevant tenders were finalized and the contracts of acquisition were signed.
Concerning the allocation of the individual quota for the producers, the acquisition contracts
were signed for printing a number of 1.100.000 of standard applications for allocating the
quota (the period for receiving applications is between 1 August and 31 October 2006),
300.000 flyers and 15.000 posters - which will be distributed during July, for informing the
producers on the individual quota allocation - and 7.000 application guides (how to fill in the
application form).
For the necessary IT system for the allocation of milk quota, the acquisition contract of the
software was signed; that will ensure the database of the applications for the individual milk
quota. The purchase of scanners and other IT equipments will be made based on of the
contract signed on 30th Juneand the delivery will be made by 20.06.2006.
During May - June 2006, the first approval phase of milk purchasers was finalised, their
number being of 288 (378 applications received). The second phase provides that until 1st
September 2006 the rejected buyers or new ones must submit applications to the Milk Quota
Department, taking into account the approval requirements and observations transmitted by
MQD.
The GD no. 852/28.06.2006 (OJ no. 569/30.06.2006) on the methodology of individual milk
quota allocation was adopted, as well as the creation of the national reserve and the
allocation procedures. The application forms are established, as well as the granting
procedure of quotas and registering in the Quotas Register.
15 procedures concerning the administration and control of milk quota have been drawn up
and they are under checking and testing.
Bovines, Sheep and Pigs Carcasses Classification System
The MAPDR Order no. 353/26.05.2006 (OJ no. 472/31.05.2006) for approving the
attributions and the functioning of the Inspection regarding the carcasses classification
activity, authorisation of the inspectors from the Agricultural and Rural Development Counties
Directorates to perform the inspection activity, as well as for establishing the areas in which
the inspectors are carrying on their activity was adopted.
83
The Pigs Carcasses Classification System is operational starting with 1st March 2006. Thus,
the pigs which are slaughtered in slaughterhouses, are classified by the certified and
authorised classifiers, who report electronically to the Carcasses Classification Commission
on the basis of a specialised soft the classification, the classification results including the
prices. The Inspection in charge with the carcasses classification activity within MAPDR drew
up the plan for the periodical inspection. Until present, verifying and informing inspections
have been performed to 2 -3 slaughterhouses/area, respectively to about 30 slaughter units
from the 10 inspections areas. Following the inspections, the inspectors concluded that the
legislation in force is known and complied with.
During the reference period, progress has been recorded as regards the training and
licensing of inspectors and classifiers, together with the start of the training programme in
pigs and bovines carcasses classification area. Thus, as regards the bovines’ carcasses
classification, theoretical trainings (11 inspectors, 10 classifiers, 1 MAPDR expert, 1
Carcasses Classification Commission expert, during 2-5 May 2006) and practical training (11
inspectors, 1 MAPDR expert, 1 Carcasses Classification Commission expert, during 3 – 7
July 2006) respectively, have been performed. For pigs carcasses classification, the
theoretical and practical training was performed during 12 – 16 June 2006 (11 inspectors, 1
MAPDR expert, 1 Carcasses Classification Commission expert).
Sanitary Veterinary Sector
Setting-up an animal by-products neutralization system (rendering)
Restructuring and upgrading plans have been made for the units belonging to the
concessionaire. In 2006 the units in Ilfov, Braşov and Cluj will act as neutralization units and
the units in Neamţ, Prahova and Bihor County will act as collecting points. It is estimated that
until June 2007, the neutralization system of animal by-products will be operational and will
comprise 7 units, respectively: the 3 neutralization units (that are functioning in 2006) and in
4 new units (in Roman, Ploiesti, Iernut, Arad).
Until June 2007, for the incineration of category I protein feeds resulted after the processing
of wastes, the concessionaire will sign contracts with private companies that have their own
rendering facilities (this will account for 20% of the total quantity of meat and bone meal).
A working group has been set-up for the coordination of the activities needed for the
organization of a rendering system in Romania. A strategy in case the system will not be
compliant at accession date has been drafted. It foresees that an Agency will be set-up in
order to manage the process of creating the rendering system or even to take over the
activity of the concessionaire.
Additional acts will be signed between the Agency of State Domains and the concessionaire
which will comprise: the stages (designing, construction, endowment), deadlines and the
main financing for 2006, for finalising 4 new processing and incineration units and 21
collecting and storage centers, inlcuding the necessary vehicles. The concessionaire has
submitted the guarantee letters (the total value is of 13,596,300 euro). The concessionaire
also submitted leasing contracts for 54 vehicles for animal waste transportation.
On 11.07.2006, the list of the establishments that generate animal origin by-products (meat
processing establishments, slaughterhouses, animal farms) was handed to the
concessionaire, in order to link the counties with the collecting and neutralization units in
Romania.
On 08.07.2006, data regarding the animal origin wastes in Romania have been presented to
the European Commission.
Animal identification
On 06.07.2006 a number of 3.186.944 bovines, 10.006.094 ovines and caprines, 4.548.452
swine are identified and registered in the National System of Animal Identification and
Registration. Also, a number of 1.306.186 animals that exited from their holdings, by killing,
export, death, disappearance are registered in the system.
84
Following the registration of movement and the events suffered by the registered animals,
the system offers the animal route if the registrations were validated, or points out the error
and its type when the data is not validated following the tests carried out automatically by the
system.
For bovines, ascendants and descendents will be tracked within the database for bovines
born after 01.01.2006.
Currently, the Identification and registration service within ANSVSA has a total of 8 posts, out
of which 4 are occupied. The 4 vacant posts will be filled in July 2006. at territory level, within
the County Sanitary Veterinary branches, an identification and registration service exists,
with a total number of 169 staff hired.
As regards equine identification, EGO no. 49/28.06.2006 (OJ no. 566/30.06.2006) for the
modification and completion of several normative acts that regulate the identification and
registration if ecquines and the setting-up of a database was adopted. This normative act
provides the legal framework for the identification of equines on the Romanian territory, the
main competent authority being the National Agency for Amelioration and Reproduction in
Zootechny (ANARZ), the identification being made in collaboration with ANSVSA. Also, in
order to speed-up the identification process, the amount required for the microchips will be
paid from the state budget and the actual identification is made by ANARZ and ANSVSA
(previously, the owner paid for the chip and the actual identification).
In order to clearly separate the tasks for ANSVSA and ANARZ, a common MAPDR/ANSVSA
Order has been drafted and will be adopted by the end oj July.
According to the data provided by ANSVSA, currently 330.000 horses have been identified
and the remaining 690.000 will be identified by 31.12.2006.
Border Inspection Posts (BIP)
Construction for BIP Siret was ended on 15.06.2006. The construction of all other BIPs
(Sculeni, Albita, Constanta Nord, Constanta Sud, Otopeni, Halmeu, Moravita) will be finalised
gradually, until 31.08.2006. Operationalisation of the BIPs is foreseen for 01.10.2006.
Regarding the equipment endowment of the 8 Border Inspection Posts, the tender file for
their acquisition by PHARE Programme 2005, was forwarded to the European Commission
Delegation in Bucharest. This was evaluated, approved and published in the Official Journal
of the European Communities S 94/18.05.2006. The dead line of submitting the offers is
17.07.2006.
Regarding the implementation of the TRACES informatic system, an ANSVSA Order
established the Working Group for the system development.
Upgrading of agri – food establishments – state of play of the evaluation of the Romanian
units (30 iunie 2006)
On 26.06.2006, Romania presented the situation of the classification of agri-food
establishments in Romania, together with the requesting of updating the list comprising the
units that require a transitional period (the list is presented in Annex 9).
The final list was sent to the European Commission and comprises a total number of 176
transitional units (C category), 49 units already included in the Accession Treaty and 127
new units for which transition was requested.
All 127 new units on the list have ongoing upgrading and restructuring plans and some use
SAPARD funds.
Red meat establishments: 25 units foreseen in the Aceesion Treaty, out of which 1 unit is
now in B category, 24 units are still in transition and for 69 new units (67 red meat units, 1
wild game processing unit and 1 cool storing unit) a transitional period was requested.
Overall total: 93 transition units.
85
Poultry meat: 2 units foreseen in the Accession Treaty, which are still in transition and for 4
new units a transition period was requested. Overall total: 6 transition units.
Milk and dairy units: 27 units foreseen in the Accession Treaty, out of which 23 are still in
transition (2 are now in A category and 2 have been definitively closed) and a trasition period
was also requested for 52 units. Overall total: 75 transition units.
Fish and fish products units: no units foreseen in the Accession Treaty, a transition period
was requested for 2 units.
Agri-food units on 30.06.2006
a) The red meat sector - The total number of establishments: 432
As compared to April 2006 the total number of red meat has decreased from 460 to 423
-
The number of establishments classified within the A category, which comply with the EU
legislation requirements is 31;
-
The number of establishments that concluded the drawing up of the restructuringmodernizing programmes (B category) is 290;
-
The number establishments that benefit from a transitional period is 88 establishments;
-
Within the red meat sector, there are 13 D category establishments that failed to draw up
restructuring-upgrading programmes. These 14 establishments carry out new objectives
in parallel and are to be closed up on October.1, 2006.
b) The poultry meat sector –The total number of establishments: 52
-
The number of establishments classified within the A category is 24;
-
The number of establishments that concluded the drawing up of the restructuringupgrading programmes (B category) is 22 (+2 establishments).
-
The number of awarded establishments for a transitory period has increased from 2 to 6
establishments (+4 establishments).
-
The number of transitional units is 6.
c) Milk and milk products sector - Total establishments: 361
Compared to April 2006, the total number of milk and milk products establishments
decreased from 392 to 361.
-
The number of establishments that fulfill the requirements of European Union legislation
is 49;
-
The number of establishments that finalized the drawing-up of reorganizationmodernization programmes (B category) is 217 (+91 establishments)
-
The total number of transitional units (C category) is 75;
-
In milk and milk products sector, there are 20 establishments that did not draw up
reorganization-upgrading programmes, but will build a new objective, and it will be closed
on 1.10.2006.
d) Fish and fish products sector – Total establishments: 33
-
The number of establishments that fulfill the requirements of European Union legislation
is 13;
-
The number of establishments that finalized the elaboration of reorganizationmodernization programmes (B category) is 19.
In the fish and fish products sector, 1 unit has not elaborated a reorganization-upgrading
programme, but will build a new objective, and it will be closed on 1.10.2006.
Animal disease control
86
Romania will keep with the initial Commission’s recommendation and our commitment to no
longer vaccinate in the backyards against classical swine fever (we stopped it 3 years ago).
We cannot accept the proposal made during the discussion that took place in the Permanent
Veterinary Committee due to the fact that the restart of vaccination would cause severe
damage to the domestic producers that already have invested in the technologies necessary
for the compliance with the communitary acquis. Also, the vaccination in the backyards
wouldn’t offer clear guarantees that the disease should be under control, but will postpone
the eradication by 3 years more;
At the request of the communitary experts, the National Plan for combating Classical Swine
Fever has been updated with the necessity vaccination plan for CSF in sanitary veterinary
authorized pig farms and the necessity vaccination plan for wild boars in Romania;
During 1.01.2006 – 07.07.2006, 397 outbreaks were recorded in 238 localities. Outbreaks
were present only in individual households. There is no record of the virus inside large farms.
2.474 swine were affected by the virus (either killed or culled). The main origin of the virus is
the incorrect and unprofessional breeding of pigs in households, illegal movement of pigs on
the Romanian territory and swill feeding. From 01.01.2006, a total of 230 outbreaks have
been closed.
A Protocol has been signed between the National Sanitary Veterinary and Food Safety
Authority, the Ministry of Administration and Interior and the Ministry of Transports,
Construction and Tourism – the Romanian Roads Authority regarding the control system for
the transportation on public roads of live animals and products of animal origin.
A draft Law concerning the requirement for natural persons that trade live animals to have a
sanitary veterinary approval for their activity is pending adoption at the Parliament.
The last outbreak of avian influenza was on 12.05.2006 in Horezu, Brasov County. Here the
disease erupted in the private sector, as a result of a transaction between an individual and
an unauthorized dealer. Afterwards, outbreaks appeared to the holding from Codlea (5
farms: SC.DRAKON SILVA SRL, SC PATI-PROD SRL-farm no.3, SC PATI-PROD SRLfarm, the turkey farm, SC AVIPROD Ploiesti, SC PATI-PROD SRL farm no 5.) and in 125
courtyards from 19 counties.
The sources of the disease are considered to be: the lack of biosecurity measures in farms,
and for the private sector the uncontrolled movements of animals and perhaps wild birds.
The illegal sale of chickens to the farmers led to the virus spreading in both the courtyards
from Brasov county and the courtyards from other counties.
So far there were 130 outbreaks: 5 in commercial farms and 125 in backyards from 19
counties. At present there are only 3 outbreaks open and it is estimated that by 15.07.2006 –
21.07.2006 all the avian influenza outbreaks should be closed.
From the start of the epidemic there over 1 000 000 poultry have been slaughtered from the
5 commercial farms and from the backyards in 19 counties. Sentinel chickens have been
introduced after disinfection has been accomplished.
Laboratory investigations both in diagnosis purpose and those for the surveillance have been
carried out at the Diagnosis and Animal Health Institute.
As regards ecquine anemia, the total number of equidae in Romania is of about 880.000
heads, out of which 62.000 are donkeys and from these approximately 15.744 equine are
anaemopositive in 31 counties.
Until now, approximately 2900 infected horses have been culled. The slaughtering of the
anaemopositive equine as well as the compensation of the slaughtered animals owners will
continue in the following period, as well.
Animal nutrition
The ban of use of feeds based on animal proteins is enforced on all the Romanian territory,
including for ruminants.
87
Zootechnical legislation
All the communitary acquis on zootechnics have been adopted by MAPDR Orders (the
tables of correspondence have been sent to the Commission for bovine, swine, ovine and
caprine). Au fost adoptate prin Ordin MAPDR toate Directivele comunitare privind legislatia
zootehnica.
The transposed legislation is currently being implemented by ANARZ, the competent
authority in the field.
For swines, 12 requests have been submitted by the amelioration organisations for the
setting-up and management of the genealogical Registers and 31 requests for setting-up and
management of zootechnical Registers. Following the verification procedures, ANARZ has
accredited 6 organisations for the setting up and management of genealogical registers and
17 organisations for zootechnical registers. 3 requests were also registered for ovine and
caprine and one organisation has been accredited.
2.3.8. Chapter 8 - Fisheries
In the field of fishery resources, inspection and control management, actions were
undertaken for setting up a fishing port on the Romanian Black Sea coast, by allocating a
surface of about 10 ha in the Midia area to the National Agency for Fisheries and
Aquaculture, based on GD no. 601/2006 (OJ No. 420/16.05.2006) on the ‘‘transfer of land,
as public property from the administration of National Company of Maritime Ports
Administration - Ministry of Transport, Constructions and Tourism to National Agency for
Fisheries and Aquaculture - Ministry of Agriculture, Forests and Rural Development’’.
Concerning structural actions, the EGO No.13/22.02.2006 (OJ nr. 185/27.02.2006) on “the
setting up, organization and functioning of the Paying Agency for Rural Development and
Fisheries, through reorganizing the SAPARD Agency”, amends the Law no.192/2001 on
“fishery resources, fisheries and aquaculture”, by repealing the provision according to which
the National Company for Fisheries Administration is an intermediate body for implementing
the Operational Programme for fisheries.
As regards, the administrative capacity and institution building, the structural policy unit
within NAFA was reinforced; the number of posts was increased to 24, out of which 17 are
occupied. The training of staff involved in structural policy started in order to draw up the
Operational Programme for Fisheries and to implement the European Fisheries Fund.
2.3.9. Chapter 10 – Taxation
Implementing VIES and SEED systems
The technical assistance projects are carried out according with the planning agreed with
European Commission, as it comes out from the weekly reports sent to DGTAXUD. The
acceptance tests for VIES have begun, as planned, on July 3, 2006. At the same time, tests
for EWSE and MVS have begun. So far, the tests execution was a success. They are
running under optimum conditions and in accordance with the timetable agreed on days and
hours with the EC representatives.
EGO No 33/2006 (OJ No 374/2.05.2006) for amending and supplementing the Fiscal Code
Law No 571/2003, specifies on Art. 121 that “The Ministry of Public Finance will provide
through Order any measures needed for implementing the administrative cooperation and
information exchange system with Member States in the VAT, excise duties and income tax
field”. According to this article, the following Orders were adopted:
-
OMFP No 901/5.06.2006 regarding the procedure for amending the register code for VAT
purpose for the legal persons registered as VAT payers.
-
OMFP No 905/5.06.2006 regarding the measures needed for implementing the
administrative cooperation and information exchange system with Member States in the
field of excise duties;
88
-
OMFP No 954/9.06.2006 for approving the configuration of the excises duties Code and
the Nomenclature of the product codes;
-
OMFP No 955/9.06.2006 for the approval of the model and the content of the form “The
recapitulative statement for the intra-community deliveries/acquisitions of goods, as well
as the depositing and processing procedure for them”.
The level of excise duties starting with July 1st, 2006, is presented forward (EGO No 33/2006
(OJ No 374/2.05.2006)):
No.
Name of the Product
Measure
Unit (M.U.)
0
1.
1
Beer, among of:
1.1 Beer – made by independent producers with an
annual production capacity less than 200
thousands hl
2.
Wines
2.1 Sill wines
2.2 Sparkling wines
3.
Fermented beverages, others than beer and wines
3.1 still
3.2 sparkling
Intermediary products
4.
Ethylic alcohol
5.
Tobacco products
6.
Cigarettes
7.
Cigars and cigarillos
8.
Tobacco intended for smoking, among of:
8.1 Tobacco for rolling
Mineral oils
9.
Leaded petrol
10.
Unleaded petrol
11.
Gas oil
12.
13.
Heavy fuel oil
Liquid petroleum gas
13.1 used as fuel
13.2 used for heating
13.3 used in household consumption3)
Natural gas used for fuel
14.1
used as fuel
14.2
used for heating
Kerosene4)
15.1 used as fuel
14.
15.
15.2 used for heating
16.
Benzen, toluene, xylene and others aromatic
hydrocarbon mixtures
Electricity
17. Electricity used for commercial purposes
18. Electricity used for non-commercial purposes
2
Hl/1 Plato1)
degree
Level of Excise
(Euro/M.U.)
Starting with
Staring with
May 2, 2006
July 1, 2006
3
4
0,740
0,748
0,43
0,43
Hl/product
0,00
34,05
0,00
34,05
Hl/product
hl pure alcohol
0,00
34,05
51,08
665,35
0,00
34,05
51,08
750.00
1000 cigarettes
1000 pcs.
Kg
Kg
15,53+30%
32,13
42,51
42,51
16,28+29%
34,50
46,00
46,00
ton
1000 l
Ton
1000 l
Ton
1000 l
1000 kg
480,00
369,60
425,06
327,29
307,59
259,91
6,81
513,00
395,01
425,06
327,29
307,59
259,91
9,50
1000 kg
1000 kg
1000 kg
Gigajoule
128,26
113,50
0,00
128,26
113,50
0,00
1,59
0,00
2,00
0,00
ton
1000 l
ton
1000 l
ton
469,89
375,91
469,89
375,91
469,89
469,89
375,91
469,89
375,91
469,89
MWh
MWh
0,14
0,30
0,19
0,39
Hl/product
The draft Law for amending the Fiscal Code was promulgated by the Presidency.
89
Strengthen the overall administrative capacity of the tax administration
Legal measures
There was adopted the EGO No 48/2006 (OJ no. 566/30.06.2006) concerning goods trading
on duty-free and duty-paid shops which regulates the functioning of duty-free and duty-paid
shops in the airports, the selling of goods in the diplomatic stores and on the board of
airplanes having external flights.
In order to improve tax, duties and contributions collection capacity, there were approved
several amendments to the provisions of GO no. 92/2003 regarding Fiscal Procedure Code,
republished, as follows:
-
-
By Law no. 166/2006 (OJ No 436/19.05.2006) for the approval of EGO no. 129/2005 for
amending and supplementing the GO No 92/2003 regarding Fiscal Procedure Code,
several provisions have been provided in order to lead towards a significant improvement
of budgetary claims collection activity:
-
There have been introduced new provisions regarding the anticipated fiscal solution
and the agreement regarding the advanced price, new concepts for the national fiscal
procedure, in order to surpass the issues interfered in the fiscal administration activity
and to improve in this way the voluntary compliance, in particular for large taxpayers;
-
The National Agency for Tax Administration has been authorized to require
periodically information regarding the taxpayers activity, so that the fiscal bodies
perform efficiently the audits, having access to the relevant information for the fiscal
situation of the taxpayers – this measure is meant to ensure a more efficient control,
in particular in the field of excise duties and the alcohol products;
-
The taxation procedure referring to cases when the criminal investigating bodies are
involved has been amended, in order to improve the control activity and for a better
collection activity
By Law no. 158/2006 (OJ No 444/23.05.2006) regarding the approval of EGO No
165/2005 for amending the GO no. 92/2003 regarding Fiscal Procedure Code, new
provisions were introduced in order to improve the large taxpayers responsibility
regarding the payment of the state budget liabilities:
-
The legal framework in respect of the joint liability has been modified; there have
been established the conditions under which the fiscal bodies can establish joint
liability;
-
New provisions regarding the tax accreditation certificate issuing have been
introduced, consisting of the regulation of a taxpayer possibility to use legal copies of
this certificate and the extension of the content of a tax accreditation certificate by
adopting its form to the legal provisions in force;
-
There were made amendments regarding the tax enforcement for recovering the tax
claims as soon as possible;
-
The fiscal bodies within ANAF and Financial Guard have been empowered to
establish the situations that could be consider infringements in tax field and to inform
also the criminal investigation bodies.
ANAF drawn up a draft EO that contains several measures for increasing the administrative
and collecting capacity, as follows:
-
Limiting the increased delays so that they can not exceed the main ceiling of the owed
tax claims;
-
The force majeure and fortuitous case regulation and the exoneration of the tax
commitments due on this period of time; within 30 days from the date the event is
completed those amounts will be reinstated.
90
Other measures undertaken in order to improve the management of the budgetary
debts
Reorganization of the activity of large taxpayers administration
The OMFP No 753/2006 regarding the organization of the large taxpayers administration
activity amended the Order no. 343/2005, in order to identify the large taxpayers category
being the taxpayers that accomplish the selection criteria, namely, the taxpayers, which
reported in the financial situations on December 31 of the previous year to the moment of
updating the database, 70 million RON turnover or more; those taxpayers include the entities
resulted from their divisions or mergers with others taxpayers, excepting for the taxpayers
under insolvency procedure, and taxpayers that carry on specific activities like: National
Bank of Romania, banking companies, insurance companies, companies for financial
investments and companies involved in gambling organization such as “Casino”.
At the same time, there was stipulated that the large taxpayers under insolvency procedure
will be draw out form the administration of General Directorate of Large Taxpayers starting
with 1st of January of next year to that when the insolvency procedure was opened and will
be taken over by the tax bodies from the territorial area where they have their residence.
Issuing the certificates of tax accreditation
OMFP No 752/2006 (OJ No 450/24.05.2006) was approved in order to fulfill the necessity for
unitary appliance of the issuing procedure for tax accreditation certificate for natural and legal
persons, as well as the necessity for unitary appliance of the legal provisions regarding the
issuing of the budgetary liabilities certificate.
Managing the contravention penalties applied to the natural persons
ANAF drawn up a law on the fiscal administration of the contravention penalties applied to
the natural persons by the specialized compartments within the local public administrations
(local councils), starting with year 2007, in order to lower the burden of the fiscal bodies of
the ANAF aiming to the focusing of their activity on the arrears collection. This draft was
approved through the Law No 182/2006 (OJ No 443/23.05.2006) for modifying and
completing the GO No 2/2001 regarding the juridical regime of the contraventions.
Administration of other taxes, duties and contributions
In the general context of diversifying the means for supporting the taxpayers to fulfill their
declarative obligations, the statement procedure for taxes, duties and social contributions
was improved by introducing a method for depositing the tax returns with information
codification through a bar code, as an alternative way to declare (OMFP No 830/2006 (OJ
No 517/15.06.2006)).
Harmonization of the legislation with the European Union acquis
ANAF elaborated the draft EGO for modifying and completing the GO No 92/2003 regarding
the Fiscal Procedure Code, in order to take over into the Romanian legislation the provisions
of the Directive 76/308 on mutual assistance for the recovery of claims resulting from
operations forming part of the system of financing the European Agriculture Guidance and
Guarantee Fund and of the agricultural levies and customs duties and the Directive 2002/94
laying down detailed rules for implementing certain provisions of Directive 76/308.
For implementing the provisions of Directive 2003/48/EC on taxation of savings income in the
form of interest payments, an Order has been drawn up for the approval of the model and the
content of informative statement regarding the incomes from interest paid to natural persons,
resident in EU Member States from the tax point of view. The draft will be approved after the
amendment of the Tax Code Law no. 571/2003.
Collection of the budgetary revenues
Within the period May 1 – June 30, 2006, the amount of the budgetary revenues collected by
ANAF was 15,103.80 million RON, with 20% higher than the revenues collected in the same
period of the year 2005 (12,581.43 million RON), as presented in the table below:
91
ACHIEVEMENTS
1 May – 30 June
INDICATORS
Dif.
2005
TOTAL STATE BUDGET REVENUES
(including amounts and rates deducted to
the local budgets), out of which:
TOTAL
NATIONAL
HEALTH
INSURANCE BUDGET REVENUES
TOTAL STATE SOCIAL SECURITY
BUDGET REVENUES
TOTAL UNEMPLOYMENT BUDGET
REVENUES
TOTAL
Share in GDP
%
2006
2005
2006
287.200
330.300
7,814.39
9,664.88
1,.850.49
123.68
2.72%
2.93%
1,406.10
1,759.66
353.56
125.14
0.49%
0.53%
3,006.40
3,309.41
303.01
110.08
1.05%
1.00%
369.85
15.31
104.32
0.12%
0.115
2,522.37
120.05
4.38%
4.57%
354.54
12,581.43
15,103.80
Note: The social security budgets revenues include the expenditures deducted directly by the
employers representing the revenues.
From the data presented in the table results that within May 1 – June 30, 2006, the share in
the GDP of the revenues collected by ANAF was 4.57%, representing an increase with
0.19% in comparison with the same period of 2005 (4.38%).
The situation by budgets is presented as follows:
-
The state budget revenues have increased in the period May 1 – June 30, 2006, in
comparison with the same period of 2005, with 23.68%. The weight of the collected
revenues in the GDP, in the respective period was 2.93%, with 0.21% higher than in the
same period of 2005 (2.72%).
The amounts collected to the state budget in the analysed period are higher than the
amounts collected in the same period of the previous year and in compliance with the
structure and with the volume of the achieved macroeconomic indicators, the approved
legislative changes and also with the measures for increasing the revenues collection, taken
by the regional bodies of ANAF.
-
The national health insurance budget revenues, within May 1 – June 30, 2006 registered
an increase by 25.14% compared to the same period of 2005. The percentage in GDP of
revenues colleted for this period was 0.53%, with 0.04% higher than for the same period
of 2005 (0.49%).
-
The social security state budget revenues registered within May 1 – June 30, 2006 an
increase with 10.08% compared with the same period of 2005. The weight in GDP of the
revenues collected in this period was 1.00%, with 0.05% less, in comparison with the
same period of 2005 (1.05%).
Although the revenues achieved in the analysed period of the current year exceed the
revenues achieved in the same period of previous year with 303.01 million RON, the
percent in GDP of these revenues was lower than for the same period of the previous
year, as a result of reducing with 1.5% the contribution rate to the state social security for
the employer.
-
The unemployment budget revenues, within May 1 – June 30, 2006 registered an
increase with 4.32% in comparison with the same period of 2005. The share in GDP was
with 0.01% lower compared with the same period of year 2005 (0.12%), as a result of
reducing with 0.5% the contribution rate to the national health insurance for the employer.
From the total amount of the revenues collected by the ANAF, within May 1 – June 30, 2006,
the state budget revenues represent 63.99%, the social security state budget revenues
represent 21.91%, the national health insurance budget revenues represent 11.65% and the
unemployment budget revenues represent 2.45%.
92
The main revenues of the state budget, within May 1– June 30, 2006 are presented in the
following table:
INDICATORS
TOTAL
STATE
BUDGET
REVENUES (including amounts
and rates deducted to the local
budgets), out of which:
Tax on profit
Income tax + wages tax
VAT
Excise duties
Customs duties
Miscellaneous
ACHIEVMENTS
1 May – 30 June
2005
2006
Share in GDP
Dif.
%
2005
287,200
2006
330,300
7,814.39
9,664.88
1,850.49
123.68%
2.72%
2.93%
776,08
1,085.83
3,521.09
1,444.26
337.39
647.26
787,97
1,583.84
4,382.30
1,688.90
393.45
828.52
11.79
496.96
846.62
244.64
57.91
194.00
101.52%
145.77%
124.04%
116.94%
117.16%
129.97%
0.27%
0.38%
1.23%
0.50%
0.12%
0.23%
0.24%
0.48%
1.32%
0.51%
0.12%
0.25%
In the structure of the state budget revenues, for the analysed period, in comparison with the
same period of the previous year, the main increase is registered by the income tax (45.77%)
and VAT (24.04%), tax on external trade (customs duties) (17.16%), excise duties (16.94%)
and tax on profit (1.52%).
The percentage in GDP of the tax on profit during May - June 2006 is lower with 0.03% than
the same period of 2005 because, during this time, accordingly with the legislation in force,
the economic agents made annual regularizations. Thus, if in 2005 the regularizations were
made for a tax rate of 25%, this year the regularization was made for a rate of 16%.
VAT collection
Out of the total achievements to the state budget during May, 1 – June, 30 2006 in amount of
9,664.88 million RON (including rates and amounts deducted to the local budgets), the VAT
revenues were 4,382.30 million RON, representing 45.34%. The percentage in GDP of the
revenues collected from VAT during May 1 – June 30, 2006 was 1.32%, by 0.09% higher
than the same period of 2005 (1.23%).
The situation of the cashing in the VAT account, during May- June of 2006, is the following:
Million RON
MONTH
0
TOTAL May June, out of
which:
May
June
VAT
collected,
out of
which:
1=2+3
5,775.79
Collection
from
domestic
operations
2
2,640.23
Collection
from
imports
VAT
Refunded
Interests
and
penalties
Total VAT
3
3,135.56
4
1,441.43
5
47.94
6=1-4+5
4,382.30
2,935.59
2,840.20
1,352.62
1,287.61
1,582,97
1,552.59
703.89
739.54
25.41
22.53
2,257.11
2,125.19
Analysing the above-mentioned table, it can be emphasized that, during May – June 2006,
from the total VAT collected (5,775.79 million RON), 2,640.23 million RON (45.71%)
represents the VAT related to internal operations and 3,135.56 million RON (54.29%)
represents the VAT related to the goods imports. The interests and penalties related to the
debits, collected within May – June 2006 represented around 47.94 million RON, meaning
0.83% from the total of the revenues collection on VAT.
Excise duties collection
During May – June 2006, out of the total revenues amounting 9,664.87 million RON, the
revenues from excise duties represented 17.27 %, around 1,688.90 million RON.
93
The share in GDP was 0.51% during May - June 2006, against 0.50 % in the same period on
2005, that is 0.01 % higher.
The situation of the cashing in the excise duties account, during May – June 2006, is as
follows:
Million RON
MONTH
TOTAL May - June,
out of which:
May
June
Total excise
duties, out of
which:
Alcohol
Tobacco
products
Mineral oils
Other
products
1,688.90
178.29
446.58
986.63
77.40
920.75
768.15
87.47
90.82
294.39
152.19
499.84
486.79
39.05
38.35
The total amount of excises collected during May – June 2006 was 1,688.90 million RON
and includes:
-
Collected excises for mineral oils = 986.63 million RON (58.42%);
-
Collected excises for tobacco products = 446.53 million RON (26.45%);
-
Collected excises for alcohol products = 178.29 million RON (10.55%);
-
Collected excises for other products = 77.40 million RON (4.58%).
The fiscal inspection activity
OMFP No 972/2006 (OJ No 528/19.06.2006), approved the form “Decision regarding fiscal
obligations additionally established through fiscal inspection”.
The following methodologies are being drafted:
-
Methodology for auditing social contributions
-
Methodology for auditing VAT in case of intra-community transactions.
During the month of May, a number of 11,004 inspection reports were concluded,
establishing a supplementary amount of 356,293.57 thousands RON and applying
contravention fines amounting 4,241.69 thousands RON.
On May 31, 2006, a number of 146 criminal suits were registered for a calculated prejudice
of 103,390 thousands RON.
2.3.10. Chapter 13 - Social Policy and Employment
Labour Law
The Law no 200/2006 (OJ no 453/25.05.2006) regarding the constitution and the use of the
guarantee fund for payment of the wage debts that fully transposes the Directive 80/987/EEC
was adopted.
The draft law regarding the posting of workers in the framework of providing cross-border
services that fully transposes the Directive 96/71/EEC is under promulgation procedure.
Within the Ministry of Labour, Social Solidarity and Family, working groups for the elaboration
of the normative act drafts with the view to amend Law no 53/2003 – the Labour Code,
amended and completed and Law no 217/2005 on the establishment, organization and
functioning of the European Work Council were established.
Labour Inspection has a 1442 labour inspectors, 900 of which being responsible with the
supervision of the implementation of the legislation in labour relations field, respectively 25
labour inspectors at central level and 875 labour inspectors at the level of territorial labour
inspectorate.
94
In the labour relations field the labour inspection carried out 19 511 controls, 5 148
employers were sanctioned, 6 212 sanctions were applied, 22 261 measures ordered for the
nonconformities were identified and 16 877 measures were carried out by the employers in
due time.
During May - June 2006, the main results of the controls on the identification of and
combating forms of illegal work were:
-
1 627 employers identified as using 3 405 persons without legal employment contracts,
out of which 1 149 women and 25 young persons aged between 15 and 18;
-
17 employers were sanctioned for using young persons aged between 15 and 18 with no
legal employment contract;
-
1 821 individual employment contracts were concluded and recorded at the Territorial
Labour Inspectorates for the persons found to perform a working activity without a legal
employment contract;
-
2 899 measures ordered to correct the deficiencies identified;
-
1 759 measures carried out by the employers in due time.
Campaigns on the identification of cases of illegal work, focused on fields with a high
rate of illegal work were carried out on short periods of time. Thus, the fields were:
In the field of constructions (4 – 5 May 2006), the Labour Inspection launched, with the help
of the local Police Departments, unexpected control activities when the circumstances
required so. The results were as follows:
-
1 785 employers, with a total number of 72 025 employees, were controlled; out of the
total number of employees, 8 525 were women and 38 were young persons aged
between 15 and 18;
-
For the 1 694 deficiencies identified, 1 717 corrective measures were ordered;
-
521 sanctioned employers, out of which 327 for using labour force without a legal
employment contract;
-
871 persons identified to perform a working activity with no individual employment
contract; 21 were women and 3 were young persons aged between 15 and 18.
In the field of farming of poultry, production and preserving of poultry meat (30 May - 13 June
2006), the campaign was carried out in the national epidemiology context of the avian flu,
according to the Measure Plan of the Central Anti-epizootic Commandment. Labour
inspectors controlled the companies operating in the field poultry breeding and the
production and preserving the poultry meat.
The results were:
-
254 employers, with a total number of 17 390 employees, were controlled; out of the total
number of employees, 9 478 were women and 29 were young persons aged between 15
and 18;
-
343 corrective measures were ordered for the 333 deficiencies identified;
-
50 sanctioned employers, out of which 18 for using labour force without a legal
employment contract;
-
39 persons identified to perform a working activity with no individual employment
contract, out of which 17 women.
As regards the control on the enforcement of the provisions of Law no. 53/2003 – the Labour
Code, during May - June 2006, the control activity on the application by the employers of the
Labour Code provisions had the following results:
-
38 employers were sanctioned for the non-observance of the provisions relating to the
ensuring of the national guaranteed minimum gross wages;
95
-
3 employers sanctioned for non-observance of the provisions relating to the delivering, by
the employer, of a document certifying the activity carried on by an employee;
-
4 employers were sanctioned for having stipulated in the individual employment contracts
some clauses that are contrary to the legal provisions;
-
1 491 employers were fined for using, in their working activities, persons without having
concluded an individual employment contract;
-
11 employers were sanctioned for not having observed legal holidays and the provisions
regarding the compensation of the worked days with days off accordingly or an extrapayment, added to the gross wage that cannot go beyond 100%;
-
58 employers were fined for the non-observance of the provisions on overtime;
-
93 employers were fined for the non-observance of the provisions relating to the weekly
rest;
-
7 employers were fined for having failed in providing their employees the due allowance
during their temporary incapacity to work;
-
34 employers were fined for non-observance of the legal provision on the night work.
Social dialog
With a view of a stronger dialog capacity of social partners involved in the implementation of
the acquis, measures have been taken for the improvement of consultation methods of social
partners through the elaboration of following normative acts:
-
Draft law regarding the information and the consultation of employees which transposes
the Directive 2002/14/EC was discussed with the social partners within the Social Dialog
Commission and sent for notice to the Social Economic Council, was approved in the
Government meeting on June 28th 2006 and submitted for adoption by the Parliament.
The concordance table on the transposition of Directive and the law will be advanced to
the European Commission experts after the adoption of the draft law in Parliament.
-
Draft of Government Decision for the transposition of the Council Directive 2003/72/EC
which completes the European Cooperative Society Statute regarding the involvement of
the employees, is debated together with social partners, and will enter in force after
adoption in Parliament of Draft law regarding the information and consultation of
employees.
-
Draft of Government Decision for the transposition of the Council Directive 2001/86/EC
which complete the European Companies Statute regarding the involvement of the
employees is debated together with social partners, and will enter in force after adoption
in Parliament of Draft law regarding the information and consultation of employees.
The following were initiated in order to consolidate the institutional capacity of the social
partners:
-
Modification and the completion of the employer’s organizations law no 356/2001. The
draft law was discussed with the social partners and obtained a favourable notice of the
Economic and Social Council, being adopted by the government in the session from 11
May 2006. The draft law benefited of technical assistance from the International Labour
Organization, being forwarded to the Parliament for debate and adoption during June.
The project was adopted by the Senate on June 29th and is currently under debate at the
Chamber of Deputies.
-
The EGO 41/2006 (OJ no 532/20.06.2006) for the modification and completion of the
Law no 109/1997 regarding the organization and functioning of the Economic and Social
Council was approved in the Government meeting of June 7th 2006. The normative act
provides the increase of the SEC number of members from 27 to 45 for ensuring the
participation of 5 representatives of trade unions and employers’ organizations
representative at national level to the works of the European SEC.
96
-
For increasing the functioning capacity of the Economic and Social Council, the Law no
170/2006 was adopted (OJ no 444/23.05.2006) which ensures the financial autonomy of
the Economic and Social Committee.
Equal treatment between men and women
The EGO no 44/2006 (OJ no 545/23.06.2006) for the modification and completion of the
Emergency Ordinance no 148/2005 regarding the support of the family for the children care
and of the Law 61/1993 regarding the state aid for children, which transposes the provisions
of the Directive 96/34/CE regarding the maternity leave was approved.
The draft law for the modification of the laws on equal treatment for men and woman was
adopted by the Parliament in 5th of July 2006 and is under promulgation procedure. The
draft law transposes the definitions of the direct and indirect discrimination, sexual
harassment, in line with the Directive 2002/73/CE.
The administrative capacity of the National Agency for Equal Treatment between men and
women (ANES) was enforced by transforming it in a state secretariat with territorial
structures in each department, with the increase of the staff from 30 to 156 civil servants and
contractual personnel.
ANES elaborates and proposes its own budget, is forwarding it to the labour minister for
aprovement. The objections of the president in the case of budget rejection are forwarded to
the prime minister for resolving.
The role of ANES was delimitated towards other institutions under the subordination,
authority or coordination of the Ministry of Labour, Social Solidarity and Family with
responsibilities in applying measures in the field of equal opportunities, including the National
Council for Combating Discrimination.
It was also clarified the competence as regards the surveillance and sanction of all means of
discrimination based on gender. The legal provisions are stating that in the working relations
field the competence belong to Labour Inspection, for the other fields the competent authority
being the National Council for Combating Discrimination. The legal provisions are applicable
to the civil servants as well.
Concerning the protection of the pregnant woman, any treatment less favourable applied to a
woman, due to her pregnancy or maternity leave constitutes a discrimination case.
The attributions of the ANES were reconsidered in the sense that ANES proposes draft
legislation, National Action Plans, validate draft legislation initiated by other authorities, in the
light of integrating the respect for the equal treatment between men and women principle.
The Agency receives complains, regarding the breach of the principle of equal treatment
between men and women, from legal and moral persons, public and private institutions and
is forwarding them to the competent authority for solutions and sanctions.
In all their control activities, labour inspectors also check upon the way employers observe
the principle of equal opportunities for men and women. They registered no complaint
relating to the infringement of the legal provisions in this field during May - June 2006
Employment
The Romanian Parliament adopted Law no 202/2006 (OJ no. 452/25.05.2006) on the
organization and functioning of the National Agency for Employment. The law is to become
effective within 60 days from its publication in the Official Journal. The main attributions of
the Agency are: ensuring the implementation of the employment policies worked-out by the
Ministry of Labour, Social Solidarity and Family, aiming at their harmonization with the
European Employment Strategy, ensuring the implementation of the human resources
development programs, financed from EU funds.
Social inclusion
The Order of the Minister of Labour, Social Solidarity and Family no 436/2006 regarding the
monitoring mechanism of the priorities identified in the field of social inclusion was adopted.
97
On the basis of this Order the working method was established, the main attributions of the
Directorate for policies, strategies and social inclusion programmes within the MLSSF were
completed and the sectoral monitoring indicators that will be used in the progress report on
social inclusion were approved.
In June 2006, the National Progress Report of the priorities assumed in the field of social
inclusion through the Joint Inclusion Memorandum (JIM) was adopted.
This document represents an exercise of applying the Open Method of Coordination, and it
also constitutes the preceding stage of the elaboration of the Strategic National Report for
Social Protection and Social Inclusion in September 2006.
In the field of family benefits, the improvement of the existing programs implementation was
emphasized.
The law no 115/2006 (OJ no 408/11.05.2006) for the amendment and completion of the law
no 416/2001 regarding minimum guaranteed income was adopted, which improved the
regulations regarding the minimum guaranteed income.
Beginning with 2005, the recouped amounts from the state budget for charge of the social
aid, were provisioned in a different chapter from other benefits.
Also, “The Program for Social Inclusion’’, a new loan from World Bank, in value of
79.400.000 euros, that has as objective the promotion of prevention measures of social
exclusion of following vulnerable groups: the persons with handicap, victims of domestic
violence, the Roma population, the young’s which are leaving the child protection system
was negotiated and approved.
European Social Fund
Development of the administrative capacity
Managing Authority for the Sectoral Operational Programme for Human Resources
Development (MA POS HRD)
Currently, within the MA POS HRD there are filed in 54 positions, of the total of 59 positions
scheduled to be filled in until the end of June 2006, in accordance with the commitments
assumed by Romania. Until the end of 2006, the MA POS HRD has been allocated with 75
positions.
The government decision 412/05.05.2005 regarding the organisation and functioning of the
Ministry of Labour, Social Solidarity and Family was recently modified in order to introduce a
new structure “Head of Mission” (6 posts allocated).
According to the GD no. 771/14.06.2006 (OJ no. 544/23.06.2006) which modifies GD no.
412/05.05.2005 on the organization and functioning of the Ministry of Labour, Social
Solidarity and Family (MMSSF), MA POS HRD which receives 30 posts, from which 2
management posts, will be reorganised in 3 units: Programming and evaluation (12 posts –
main attributions: the elaboration of the POS HRD and complementary program, manuals for
procedures, promotion and development of partnerships, organisation of the intermediary
evaluation and „on the spot evaluation”, participation at meetings with the European
Commission, etc), Financial Management and Control (10 posts). The Phare implementation
unit entered under the subordination of the secretary of state for EU Affairs.
In order to recruit new personnel the following competitions were organised:
-
26 / 27 June 2006, 9 execution posts;
-
4th of July 1 management post.
For the Head of Mission vacancies and the rest of the vacant positions within the MA POS
HRD, there have been initiated the procedures of organizing a new contest which will be
organized on 25 and 27 July 2006.
Intermediate Bodies
98
Both IBs at the central (IB) and regional level (RIB) will undertake by contract specific
responsibilities, delegated by the MA POS HRD.
MLSSF Regional Intermediate Bodies (RIBs)
Likewise, according to the GD no. 771/2006 (OJ no 544/23.06.2006), amending GD no.
412/05.05.2005 on the organization and functioning of Ministry of Labour, Social Solidarity
and Family (MLSSF), with the subsequent changes and completions, in order to allow an
increased efficiency of the FSE management in the benefit of the project promoters, the
structure of the POS HRD Intermediate Bodies at regional level was reorganized. Thus, the 8
regional structures of the National Agency of Employment (presently PHARE Programme
Implementation Units –PIU-s) have been transferred under the Ministry of Labour, Social
Solidarity and Family subordination starting with 1st of January 2007, as Regional IBs. This
change will determine the existence of a single POS HRD Intermediate Body at the regional
level for FSE, which will facilitate the submission of integrated projects by the beneficiaries.
The National Agency for Employment
Within the National Agency for Employment (ANOFM), at the level of the Intermediate Body,
30 positions have been allocated. Presently, all the 30 positions are filled in.
At the regional level, starting with the 1st of February 2006 the total number of positions for
the 8 regional structures (Programme Implementing Units) has been increased with 70
positions by the GD no 138/2006. Presently, at the regional level there are allocated 174
positions, out of which 173 are filled in. The 8 regional structures will function as regional IBs
and will work under the coordination of MLSSF starting with 1st of January 2007.
Persons with disabilities
During May-June 2006, the National Authority for the Persons with Handicap has intensified
its efforts for the implementation of the National Strategy on the social protection, integration
and inclusion of people with handicap for 2006-2013 – “Equal opportunities for people with
handicap – towards a non-discriminatory society” especially the efforts regarding the financial
support necessary for its implementation.
In April 2006, the negotiations with the World Bank for a loan designated to continue the
institutional reform in accordance with the National Strategy for protection, integration and
social inclusion of persons with handicap in 2006-2013 were completed. This loan was
granted on the 3.1 subcomponent “Disabilities Program” of the Social Inclusion Project. By
this loan, the process of restructuring the old type residential institutions, with a large number
of residents, of creating the alternative community-based services, training of the staff
involved in these services and providing occupational counselling services will continue. 18
mill. Euro is the loan’s negotiated value. Its implementation will start in the last trimester of
2006 and will be carried out during the next 3 years. On 13 June 2006, the World Bank’s
Board of Executive Directors approved the Social Inclusion Project.
22 NGO’s projects were selected in order to be financed, from budgetary funds, during 2006.
The total amount allocated by the NAPH to this purpose is of about 970.000 Euro. By
implementing these projects a number of 18 social services are going to be created and
developed, as it follows: social services of support for the persons with handicap (5); services
of training and professional integration (4); respite care centres (2); protected dwellings (7)
and protected units.
The Order of the NAPH’s President no. 73/2006 (OJ nr. 333/13.04.2006) approved the
methodology for the assessment, selection and financing of the projects, within the Programs
of National Interest (PIN) from the area of the persons with handicap protection.
According the 4th article form the rules for applying the mental health Law no 487/2002 and
for the protection of the persons with psychic disorders, approved by the Order no 372/2006
(OJ no. 373/02.05.2006), the clients from the Centres for Recovery and Neuro-psychic
Rehabilitation are evaluated from psychiatric point of view, at least twice a year. The
psychiatrist will do this evaluation in order to establish the most adequate recovery conduct.
99
Within the action plan for the implementation of the mental health strategy - with short,
medium and long term objectives were identified several points where the two areas,
respectively the handicap and the mental health, should be corroborated: restructuring
residential centre, evaluating the psychic disorders of the persons that are living in the
centres for recovery – some of them are suffering from chronic diseases, the mix of medical
and social needs for the persons with psychic disorders, the criteria to establish the handicap
degree and the level of medical and social support needed, etc.
The implementation of the project „Pilot-Centre of community-based social services for
persons with handicap and personnel training” has been continued. The total amount of the
investment was of approx. 1.61 mil. Euros. The funds have been provided in a partnership
between MLSSF/NAPH, Constanta County Council and Irish group foundations (Focus on
Romania, Aurelia Trade and Trade Aid). The project target was closing down the Centre for
Recovery and Neuro-psychic Rehabilitation – Negru Voda, Constanta and creating an
example of good practice for restructuring the old type institutions.
The structure of the Pilot Centre is the following:
-
Residential component: – building of a new residential centre in Techirghiol for the
beneficiaries transferred from Negru Voda, and building 4 protected dwellings (2 in
Agigea, 2 in Techirghiol);
-
Recovery/Rehabilitation component: a recovery centre where the beneficiaries of the
residential component along with 150 persons with handicap from the community will
receive recovery/rehabilitation services.
-
Component for the training of the personnel from the centre and from the system.
On 16 May 2006 the residential and recovery/rehabilitation components were officially
opened.
The component for the training of the personnel, its implementation being in progress, will
provide the opportunities to inform and to train the personnel from the centre as well as the
personnel from all the country. The staff training is provided by the Irish organization
“Foundation for a better life” based on Irish government funds (200.000 Euro).
The GD no 625/2006 (OJ no. 445/23.05.2006) increased the amounts, from the AVT in order
to balance the local budgets for 2006, for the Constanta county, with 395 thousands RON, in
order to finance the repairing of the access road to the „Pilot-Centre of community-based
services for persons with handicap and personnel training”.
Accessibilities
The company of Subway Transport Bucharest – METROREX S.A. set the following access
devices:
-
4 elevators – in Gara de Nord and 1 Mai stations;
-
8 vertical mobile platforms – in Gara de Nord station (5 pieces) and Piata Unirii station (3
pieces).
The European Investment Bank agreed the co-financing as a component of a new Loan
Agreement for the investment objective “Facilities for the access of persons with handicap to
the subway”. The Metrorex Company started the tender procedures, in first phase, for
escalators, with completion term – 2nd semester/2008, in second phase, initializing the
tender procedures for elevators and vertical platforms, with completion term – 1st
semester/2009.
On the 3rd of June 2006, 15 accessible urban buses were introduced into the public
transportation system of Bucharest. In 2006, are expected to be purchased a number of 400
accessible urban buses, 15 a week, during June-December. In 2007 are expected to be
purchased another 100 accessible urban buses, delivered 20 a week during March-July
2007.
100
The Bucharest City Hall is about to acquire by tender a number of 100 trolley buses. Also,
the terms and conditions for acquiring a number of 50 tramways are assessed. In the next
year is intended to acquire by tender another 500 buses.
In Cluj-Napoca 80 accessible buses and trolley buses there are circulating, presently.
Given the level of the accessibility of public buildings, 3 NAPH control teams went in 17
counties, during 15 - 28 June 2006, in order to verify the accessibilities for the persons with
handicap and to apply the sanctions of the law.
As a result of the inspections made in the public institutions, were drown up 83 official reports
regarding the law infringement. The penalty was the warning, with a 30 days remedy term,
for the non-observance of the legal obligations on the adjustment of the public buildings,
parking lots and public access ways for persons with handicap needs, in accordance with the
Normative 051/2001.
The County Inspectorate for Constructions was notified in order to establish conformity of the
realized accessibilities and to order the necessary measures.
Taking into consideration the experience following the first interpreter course of sign
language, it was imposed its reorganization and efficacy by the Order of the NAPH President
no.106/2006 (OJ no. 491/07.06.2006) regarding the approval of Methodology of organizing
the sign language course.
NAPH elaborated the occupational standard for interpreter of sign language. The
occupational standard was sent to the National Council for Adult Vocational Training, in order
to be approved.
Health and safety at work
In the field of health and safety at work are adopted the following normative acts:
-
Government Decision no. 300/2006 (OJ no. 252/21.03.2006) on the minimum safety and
health requirements for temporary or mobile construction sites, fully transposing the
Directive 92/57/EEC on the implementation of minimum safety and health requirements
at temporary and mobile construction sites;
-
Government Decision no. 493/2006 (OJ no. 380/3.03.2006) on the minimum safety and
health requirements regarding the exposure of workers to the risks arising from noise,
fully transposing the Directive 2003/10/EC on the minimum health and safety
requirements regarding the exposure of workers to the risks arising from physical agents
(noise).
-
The draft of the Safety and Health at Work Law transposing the Directive 89/391/EEC on
the introduction of measures to encourage improvements in the safety and health of
workers at work, was adopted by the Parliament on 5 of July 2006 meeting and now is
under promulgation procedure by the President.
Continuing the process of adopting the other individual directives through Government
decisions, drafts have been elaborated and are being in different stages of approval
Government decisions relative to: underground mineral-extracting industries (Directive
92/104/EEC), safety and/or health signs (Directive 92/58/EEC), workplace (Directive
89/654/EEC), personal protective equipment (Directive 89/656/EEC), drilling (Directive
92/91/EEC), work equipment (Directive 89/655/EEC), biological agents (Directive
2000/54/EEC), display screen equipment (Directive 90/270/EEC), medical treatment on
board vessels (Directive 92/29/EEC), carcinogens or mutagens (Directive 2004/37/EC),
explosive atmospheres (Directive 1999/92/EC), chemical agents (Directive 98/24/EC and
Directive 91/322/EEC), manual handling of loads (Directive 90/269/EEC), electromagnetic
fields (Directive 2004/40/EC), on board fishing vessels (Directive 93/103/EEC). These draft
legal acts will be approved by the Governement after the publication of the law on health and
safety at work in the OJ.
101
During 1 May – 30 June 2006, the control on the observance of health and safety legislation
was reflected in the following outputs:
-
16 295 controls undertaken;
-
15 722 controlled employers;
-
3 579 sanctions applied;
-
17 proposals for submission to the prosecutor’s office;
-
25 enterprises whose work activity was ceased;
-
431 installations whose work activity was ceased.
The main inspection campaigns, developed during 1 May – 30 June 2006, on the
observance of the legislation in the field were as follows:
National Campaign on the implementation of the legal provisions regulating the introduction
on the market of some products, in the field of competence of the Labour Inspection
The Labour Inspection carried out, during 1 May – 30 June 2006, 89 controls regarding the
way legal provisions on the market surveillance are observed. Labour inspectors checked 1
695 products, out of which 1 297 were compliant and 398 non-compliant to the standards.
The fields of competence controlled and the results during this period were:
-
Electrical equipment designed for use within certain voltage limits: 985 complying
products and 197 non-compliant products;
-
Machinery: 304 complying products and 176 non-compliant products;
-
Personal protective equipment: 184 complying products and 22 non-compliant products;
-
Equipments and protective systems intended for use in potentially explosive
atmospheres: 59 complying products and 5 non-compliant products;
-
Explosives for civil uses: 7 complying products;
-
Limitation of the level of noise emissions in the environment, produced by equipments
meant to be used outside the buildings: 59 complying products and 55 non-compliant
products.
The main non-compliances identified were as follows:
-
Statement conformity file was not properly drafted;
-
The conformity statement was not properly filled in;
-
Conformity label missed.
Interdiction was decided for 14 products that were to be put on the market due to the nonconformities detected. At the same time, labour inspectors ordered 190 measures for
bringing into conformity and applied 13 warnings.
Campaign in SMEs on the implementation of the legal provisions by which the
European directives have been transposed
The campaign began in 2004 and continued in 2005. Now it focuses on the enforcement in
the SMEs of the provisions by which the European directives were transposed: workplaces
(89/654/CEE), work equipment (89/655/CEE), personal protective equipment (89/656/CEE).
The main objective of the campaign is to raise awareness of all employers in the SMEs on
the necessity to know and observe the legislation harmonized with the community acquis at
the enterprise level.
During the first quarter of 2006, the following results were achieved:
Regarding the minimum safety and health requirements for the workplace (Directive
89/654/EEC):
102
-
84 topic meetings (seminars, round tables) were organized in order to inform employers;
-
50 articles in the newspapers and 36 interviews at the local radio and TV stations came
out; they made the campaign better-known;
-
control actions were organized in 3 198 SMEs, 493 new workplaces in small enterprises
and 307 in medium-sized enterprises were verified; the 1 180 already existing workplaces
in small enterprises and 732 in medium-sized enterprises were also verified;
-
4 372 measures were ordered to correct deficiencies, 239 employers were sanctioned
and 253 sanctions were applied;
-
the activity was entirely ceased in 8 workplaces and partially ceased in 4 workplaces for
non-observance of health and safety minimum requirements; propositions for submission
to the prosecutor’s office were made in 4 cases.
Regarding the minimum safety and health requirements for the work equipment
(Directive 89/655/EEC):
-
77 seminars and round tables were organized in order to inform employers;
-
51 articles in the newspapers and 33 interviews at the local radio and TV stations came
out; they made the campaign better-known;
-
control actions were organized in 2 792 SMEs, out of which 1 679 were small enterprises
and 1 113 were medium-sized enterprises;
-
3 832 measures were ordered to correct deficiencies, 231 employers were sanctioned
and 250 sanctions were applied, out of which 147 warnings;
-
194 work equipments were stopped from functioning, out of which 51 were partially
stopped and 143 were totally stopped.
Regarding the minimum safety and health requirements for the personal protective
equipment (D 89/656/CEE ):
-
83 seminars and round tables were organized in order to inform employers;
-
53 articles in the newspapers and 34 interviews at the local radio and TV stations came
out; they made the campaign better-known;
-
control actions were organized in 3 072 SMEs, a risk assessment being carried out in 1
169 small enterprises and 892 medium-sized enterprises;
-
2 271 measures were ordered to correct deficiencies, 140 employers were sanctioned
and 146 sanctions were applied, out of which 109 warnings;
-
the activity was totally ceased for the workers who had not been provided the PPE in 11
small enterprises and in 6 medium-sized enterprises.
Control Campaigns regarding the observance of the regulations of safety and health at
work focused on the fields of activity with a high rate of accidents at work
In the constructions field (4 – 5 May 2006), the following results were achieved:
-
1 734 employers, with a total number of 73 287 employees, were controlled;
-
4 403 non-compliances were identified;
-
4 370 measures were ordered to correct the deficiencies;
-
815 employers were sanctioned and 893 sanctions were applied;
-
the activity in 2 enterprises, 13 workplaces was ceased and 41 work equipments were
stopped from functioning.
In the transportations field (7 – 9 June 2006), the following results were achieved:
-
1 425 employers, with a total number of 117 106 employees, were controlled;
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3 264 non-compliances were identified;
-
3 323 measures were ordered to correct the deficiencies;
-
546 employers were sanctioned and 614 infringement sanctions were applied;
-
The activity in an enterprise and at a workplace was ceased and 21 work equipments
were stopped from functioning.
In the field of farming of poultry, production and preserving of poultry meat (30 May –
13 June 2006)
Taking into account the national epidemiologic context, the Campaign was launched in
compliance with the Measures Plan of the Central Anti-epizootic Commandment regarding
the prevention of avian flu extension. The actions focused on raising awareness of
employers and employees concerning the need to observe legal provisions in the field of
safety and health at work, in order to prevent spreading the avian flu to humans.
-
279 employers, with a total number of 21 162 employees, were controlled;
-
841 non-compliances were identified;
-
835 measures were ordered to correct the deficiencies;
-
81 employers were sanctioned and 95 sanctions were applied;
-
3 work equipments were stopped from functioning.
The control Campaign regarding the observance of the regulations of safety and
health at work in high-schools, vocational schools and universities for the employees
and students during their vocational practical activities (stage 15 – 17 May 2006)
The objectives of the campaign, whose first stage took place in May, were:
-
To inform the staff working in education units on the duties and the rights incumbent on
them in the field of safety and health at work, in compliance with the legal provisions;
-
To raise awareness of the employees on the risks to which they are exposed to during
their activity, if they do not observe the rules of labour protection;
-
To inform and raise awareness of the students on how important is to have and
permanently improve a prevention culture during their educational process and during
their vocational life;
-
To inform the educational community upon the initiative of the European Agency from
Bilbao regarding the 2006 European Week for Health and Safety at Work, in the
educational field.
The promotion of the objectives of the campaign, at national level, was made through:
-
26 press conferences and releases;
-
42 come-outs in the media;
-
27 interviews at the local radio stations;
-
20 interviews at the TV stations.
The control activities had the following results:
-
191 universities from 36 counties, having 37 966 teaching staff, 13 150 administrative
personnel and about 750 553 students were controlled;
-
1 223 measures were ordered to correct the deficiencies.
Administrative Capacity of the Labour Inspection
Starting with current March, 40 labour inspectors have benefited of training programmes
Within the National Training Programme for the labour inspectors in the field of safety and
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health at work. By the end of June, trainees have attended 4 of the 6 modules. The courses
shall be ended on September 5.
The Labour Inspection also estimates that, within the framework of the programme
“Developing managerial competences in the labour relations field”, 120 labour inspectors will
be trained. The courses, given in collaboration with the National Institute of Administration,
are to be held during July-August, within three sessions: 24-30 July, 7-13 August, 21-27
August.
Within the developing of the twinning project „Strengthening the capacity of the Labour
Inspection to enforce the national legislation which transposes the EU acquis in the
field of labour relations", the following outcomes have been achieved in May-June 2006:
-
Training and information materials (brochures, folders and CD-ROMs) were published.
These materials will be used to render aware the employers, the employees and the
public of the enforcement of the national legislation transposing the community acquis in
the labour relations field.
-
Two informative sessions were organized during 19-23 June 2006 at Constanta and
Craiova. They were addressed to the social partners and other players involved in the
field.
-
A section on the Labour Inspection web-site called “Labour Relations Guide” was
launched. Available on-line, this guide contains information on the rights and duties
evolving from a collective and individual labour agreement (individual employment
contract, working time, wages, etc.), labour jurisdiction and the way the Labour Inspection
checks on the application of the legal provisions in the field. The guide also contains the
legal documents in force, together with a short explanation of each, so as to facilitate
exercise of rights and the fulfillment of duties in this field and it also allows the search of
information based on key-words listed in alphabetic order.
Within the twinning project Phare “Implementation of the harmonized legislation in the
field of safety ant health at work in small ant medium-sized enterprises”, the following
activities were carried out during the same period:
-
The contents of the informative material (brochures, folders, posters) that are to be
printed at the end of the second half of 2006 were finalized.
-
Joint teams made up of European and Romanian experts visited 12 small and mediumsized enterprises to select 6 pilot-centres in 6 work sectors. The enterprises visited
operate in the fields: constructions (Constanta and Tulcea), chemistry (Dâmbovita and
Vâlcea), transport and trade (Brasov), furniture manufacture (Cluj and Neamt), clothing
and leather industry (Hunedoara and Timis), agriculture – animal breeding (Arges and
Iasi).
Public health
Implementation of the legislation in the field of blood, tissues and cells
Blood and blood components
Legislative measures
The Law no. 282/5.10.2005 (OJ no. 915/13.10.2005) regarding the organization of the blood
transfusion activity, the donation of blood and blood components of human origin, as well as
the assurance of the medical quality and security in the view of their therapeutically use will
become applicable starting with 1 October 2006.
The elaboration of the secondary legislation for the implementation of the above-mentioned
law is currently being elaborated, by a working group, designated through an order of the
minister of health.
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In this context, it has been elaborated the GD no. 546/26.04.2006 (OJ no. 389/5.05.2006) for
the setting up, organizing and functioning of the Consultative Committee for the Promotion of
Blood Donation.
Tissues and Cells
Legislative measures
Title VI – „Drawing and Transplant of Organs, Tissues and Cells of Human origin for
therapeutic use” is included in the Law no. 95/2006 regarding the reform in the health system
(OJ no. 372/28.04.2006). Title VI transposes the provisions of the Directive 2004/23/EC of
the European Parliament and of the Council of 31 March 2004 on setting up standards of
quality and safety for the donation, procurement, testing, processing, preservation, storage
and distribution of human tissues and cells.
For the implementation of this law’s titles, the secondary legislation is currently being
elaborated. In this context, it has been elaborated the draft order of the minister of public
health for the approval of the norms for the establishment of the professional training
standard of the person designated for the insurance of the quality of tissues and/or cells,
processed and/or used for therapeutic purposes.
Order no.722/21.06.2006 (OJ no.551/27.06.2006) regarding the accreditation of sanitary
units which could perform as human tissues bank, respectively as users of human tissues
and cells for therapeutical purposes has been adopted.
Finalizing the transposition of the European legislation on tobacco
In the field of tobacco control, there are 2 Directives of the European Parliament and of the
Council regarding public health issues: Directive 2001/37/EC on the approximation of the
laws, regulations and administrative provisions of the Member States concerning the
manufacture, presentation and sale of tobacco products, and the Directive 2003/33/EC on
the approximation of the laws, regulations and administrative provisions of the Member
States relating to the advertising and sponsorship of tobacco products.
These Directives were transposed in the Romanian legislation by the Law no. 349/2002
(Directive 2001/37/EC) and the Law no. 457/2004 (Directive 2003/33/EC).
For a complete transposition of the 2 Directives, in June 2006, it was initiated the legal
procedure for modification of the 2 laws. In this way, the complete transposition of the
European legislation regarding public health aspects of tobacco control policies will be
assured.
2.3.11. Chapter 18 - Education, Training and Youth
Following the consultations with the European Commission, it has been decided that the
Youth programme will be taken over by the National Agency for Community Programmes in
the Field of Education and Vocational Trening. Thus, It will be turned into a National Agency
that shall manage (implement) the community programmes in the field of youth and
education – Youth, Socrates and Leonardo.
With a view to coordinate and monitor the agency’s new activity, a tripartite protocol will be
concluded between the Ministry of Education and Research, the National Youth Authority
and the National Agency for Community Programmes in the Field of Education and
Vocational Training.
2.3.12. Chapter 20 - Culture and Audiovisual Policy
The GO no. 39/2005, modifying the Law on Cinematography, eliminated the obligation for all
television broadcasters in Romania to reserve a minimum of 5% of their broadcasting time
for Romanian feature films, and the obligation for all cinemas to reserve annualy a minimum
of 5% for Romanian feature films. The Law adopting this Government Ordinance has been
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adopted by the two Chambers of the Parliament and is presently under promulgation with the
President of Romania.
The Law as it was adopted by the Parliament fully reflects the observations made during the
consultations with the European Commission, eliminating any provisions contrary to the
principle of non-discrimination on grounds of nationality for all televisions.
2.3.13. Chapter 21 - Regional Policy and the Coordination of Structural
Instruments
Legislative and institutional framework. Administrative capacity
During May-June, contests for filling in the vacancies within the structures involved in the
management of structural instruments were organized and the overall level represented at
the end of June is 77% of the Single Action Plan commitments. In the same time, there have
been identified specific training needs for each compartment within these structures and the
planning for specialized training has been elaborated. Preparation efforts are focused on
finalizing the draft procedures.
Romania has received EDIS accreditation for ISPA, being the first pre-accession country that
has concluded the accreditation process long before the accession. The accreditation will
help the Romanian authorities to prepare for the implementation of future programmes and to
ensure an efficient absorption of structural and cohesion funds starting with 2007.
POS Increase of Economic Competitiveness
At present, within the Managing Authority 41 positions are staffed, including 1 director and 1
deputy director, and the staff number will be filled in to increase until the 60 allocated
positions.
Intermediate Bodies
The GD no. 772/2006 (OJ no. 535/21.06.2006) was elaborated in order to modify the GD no.
753/2003 regarding the organization and functioning of the National Agency for Small and
Medium sized Enterprises and Cooperatives. This GD sets up the intermediate body within
ANIMMC as a distinctive structure. At present, within the intermediate body, 42 persons are
exclusively dedicated to the management of structural funds, out of 50 positions allocated.
Ministry of Communication and Information Technology, following the contests organized for
the intermediate body, during the reference period, currently staffed 25 out of 40 allocated
positions.
Ministry of Education and Research – National Authority for Scientific Research Out of 60
allocated positions (36 at central level and 24 at regional level), 28 are currently staffed (26
at central level and 2 at regional level).
General Directorate for Energy Policy within the Ministry of Economy and Trade has 50
allocated positions out of which 35 are staffed.
National Authority for Tourism has 13 allocated positions out of which 8 are staffed.
POS Environment (Sectoral Operational Programme Environment)
The total number of positions allocated to the Managing Authority POS Environment is 116,
plus 3 positions within the Audit Unit. At this moment, 100 positions are staffed, out of which
3 in the Audit Unit.
At the Intermediate Bodies level, the total number of allocated positions is 168 (21 for each
Intermediate Body). At present, 137 positions are staffed and competitions are ongoing.
The AM POS Environment is now preparing a draft Framework Agreement regarding the
delegation of functions to the Intermediate Bodies, which provides the following: the
delegation of functions will cover the programming phases, project appraisal and selection,
tendering-contracting, monitoring-reporting, financial management and control; The
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Framework Agreement will be the legal basis for the signing by the AM of the Delegation
Agreements with each OI.
In order to elaborate the procedures regarding the Structural Instruments management, the
following activities have been initialized at the level of AM POS Environment: setting a
working group for the elaboration of the above mentioned procedures: finalizing the POS
Environment Implementing Manual based on the Guide provided by MFP - AMCSC; the
simultaneous elaboration of the detailed operational procedures for each activity of the
departments within the AMs and the OIs;
Based on the agreement signed between the ARPM and the ADR within the same region,
there is a permanent transfer of expertise regarding community funds management. Activity
plans for the transfer of expertise regarding project management have been elaborated by
the OIs. According to these plans, experts within 6 OIs regularly attend on-the-job training
sessions at the ADRs, the other 2 OIs are going to start this activity soon.
POS Transport
At present, AM POS Transport has 117 allocated positions, out of which 89 are staffed.
During the period 28 June – 6 July 2006 a new contest was organized in order to fill in 50
positions within the AM.
POS Human Resources Development
Currently, within the AM POS HRD, 54 positions are filed in, out of a total of 75 allocated
positions which will be filled in until the end of 2006.
According to GD no. 771/2006 (OJ no.544/23.06.2006) which modifies GD no.
412/05.05.2005 on the organization and functioning of the Ministry of Labor, Social Solidarity
and Family (MMSSF), with the subsequent changes and completions, within MMSSF was
established a new structure - “Head of Mission”. Its main task is to coordinate at technical
and financial level the POS HRD and the POS Administrative Capacity Development and has
6 allocated positions.
The employees exclusively dedicated to FSE management are within the Directorate for the
POS HRD. This Directorate has 30 allocated positions and at present, 18 positions are filled
in.
In the same time, after GD no. 771/14.06.2006 (OJ no.544/23.06.2006) entered into force,
the PHARE Programme Implementing Unit, which was within the structure of Directorate
POS HRD and was carrying out only activities regarding the FSE, has been transferred
under the subordination of the State Secretary for European Affairs and External Relations.
In order to fill in the vacant positions, contests were organized on 26th and 27th of June for 9
execution positions and on 4th of July for a management position. Also, for the Head of
Mission vacancies and the rest of the vacant positions within the AM POS HRD, the
procedures started for organizing contests in July 2006.
Intermediate Bodies
At present, for the Intermediate Body the National Agency for Employment (ANOFM), at
central level, 30 positions were allocated and all 30 are occupied. At regional level, 174
positions were allocated, out of which 173 are filled in.
According to GD no. 771/14.06.2005 (OJ no.544/23.06.2006), the MMSSF proceeded to the
reorganization of the Intermediate Body for POS HRD at regional level. Thus, starting with
1st of January 2007, the 8 regional structures (now functioning as PHARE Programme
Implementing Units - PIU) will become regional OIs under the coordination of MMSSF.
In the Ministry of Education and Research at central level, the Directorate Intermediate Body
POS HRD has 30 positions allocated, out of which 15 are occupied. At regional level, 56
positions were allocated (7 positions/region) and 40 of them are already occupied. At
present, all 8 Regional Units POS HRD are operational. Those structures are organized at
the county school inspectorate level and are functional under the OI POS HRD Directorate
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coordination. In order to fill in the vacant positions, the procedures for organizing new contest
have already started and they are estimated to take place starting with July 2006.
Regional Operational Programme
At present, the number of civil servants involved in managing the Regional Operational
Programme is 25 out of 50 allocated positions. 3 additional integration counsellors are also
employed.
At the level of each ADR, under the coordination of ADRs directors, working units and groups
dedicated to the acceleration of the preparation process for Structural Funds have been set
up. Currently, the working groups are involved in defining the programme implementation
systems and mechanisms.
At the AM level, a first draft of the Implementation Agreement has been drawn-up and it
specifies the parties’ conditions and responsibilities in the process of delegation of
attributions from the AM to the OIs set-up within the ADRs. This document was presented to
the regional partners at the meeting held on June 29th, 2006 in order to define its content
regarding the delegated competencies and, respectively, the responsibilities of each party.
OP Administrative Capacity Development
The Managing Authority for OP ACD has 31 allocated positions out of which 23 are staffed.
A working group made up of members of the contracting unit, from the implementation
directorate, has been established to elaborate a draft of project appraisal and selection
procedures.
Technical Assistance Operational Programme
The Managing Authority for Technical Assistance Operational Programme has 20 allocated
positions, out of which 17 are currently occupied. For the last 2 available positions, the
recruitment procedures have been initiated.
A first version of the AM working procedures has already been drafted based on the general
implementation manual of the structural instruments, developed by AMCSC.
Operational Programmes for Cooperation Territorial
According to the provisions of the GD 243/01.03.2006 (OJ no.194/1.03.2006) regarding the
organization and functioning of the Ministry of European Integration, the General Directorate
for European Territorial Cooperation was established, within which two directorates dealing
with the programming, implementing, monitoring and evaluation of the new Objective 3
specific programmes were organized, as follows:
-
Directorate for Territorial Cooperation with EU Member States - for cross-border,
transnational and interregional programmes having EU Member States as partners.
-
Directorate for Territorial Cooperation with non-EU Member States - for cross-border and
sea basins programmes (Black Sea Programme), which are to be financed by The
Instrument for Pre-Accession (IPA) and The Neighbourhood and Partnership Instrument
(ENPI).
The Directorate for Territorial Cooperation with EU Member States has currently 16 allocated
positions, out of which 6 are staffed. With a view to complete the remaining 10 vacant
positions, the selection process will take place at the beginning of July. In order to strengthen
the administrative capacity of the directorate and prepare the staff for the implementation of
the new regulations’ provisions, regarding the joint implementation of the projects that are to
be financed by the European Territorial Cooperation Programmes, 2 employees attended the
Seminar “Lead Partner Principle” organized by Interact in June 2006. Within the PHARE
twinning project RO 04/IB/OT-04 Ro 2004/016-772.04.03 „National level twinning for regional
development programming and implementation", a series of workshops were organized,
during May-June, covering the specific requirements of the new regulations for the 20072013 period (ex. eligibility rules). 3 persons from the directorate attended these workshops.
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Within the Transnational ETC South East European Space OP, the technical working groups
established for drafting the programming documents, elaborated proposals on the structure
of the OP, the management structures and the implementation at project level.
The Directorate for Territorial Cooperation with non-EU Member States has 6 occupied
positions, the recruitment process for the 21 positions foreseen in the organizational chart
has been launched, the selection being scheduled for the beginning of July. During the
period May-June 2006, the staff attended training courses on evaluation of the operational
programmes, financial management and control, contracting and procurement, PCM,
eligibility of expenses.
In June 2006 took place the selection of the teams of experts that would be involved in the
elaboration of the programming documents and implementation of ex-ante evaluations and
SEA. For the elaboration of the chapters regarding the implementation of the cooperation
programmes, the team of German experts has been selected, within the bilateral project
Romania-Germany, which supports the Directorate for Territorial Cooperation with Non EU
Member States.
The Directorate for Territorial Cooperation with Non EU Member States benefits also of
Twinning project support financed under Phare National Programme 2005. Until now, the
team of experts that will start its activity in September-October 2006 has been selected,
having as main task to provide support in revising and negotiating the programming
documents, elaboration of procedures and implementation manuals and training the
employees of the Regional Offices for Cross Border Cooperation in Iasi, Suceava and
Timisoara.
At the regional level, the Regional Offices for Cross Border Cooperation Iasi, Suceava and
Timisoara will act as Joint Technical Secretariats/Intermediary Bodies for cooperation
programmes, benefiting, in a first phase, during the programming period, of technical
assistance granted by External Border Initiative 2003 programme (EBI).
Planning and programming
In May 2006, following several consultation meetings organised by AMCSC with the
Managing Authorities, it was decided that all AMs will use the same type of document, in the
format of the Programme Complement, in order to support the OPs implementation. Also, a
first draft of the classification of the fields of intervention of the Structural and Cohesion
Funds for 2007-2013, for each Operational Programme, as well as for the Lisbon
earmarking, was drawn up.
Operational Programmes for Territorial Cooperation
Within the Directorate for Territorial Cooperation with EU Member States of the Ministry of
European Integration, the 2007-2013 programming exercise has started, having as objective
the elaboration of 4 Operational Programmes: European Territorial Cross Border
Cooperation Operational Programme Romania- Bulgaria, European Territorial Cross Border
Cooperation Operational Programme Romania- Hungary, European Territorial Transnational
Cooperation Operational Programme for South East European Space (SEES) and the
European Territorial Interregional Cooperation Operational Programme.
Within the Directorate for Territorial Cooperation with EU Member States a responsible was
nominated for the elaboration of each Operational Programme. For each programme, a
coordination group (Task Force) was created, which collaborates with a drafting team, and
an inter-institutional working group, specific to the programme. Working schedules for each
Operational Programme were agreed with the programme partners, all of them having as
objective the submission of the Operational Programmes to the European Commission
before the end of 2006.
The Task Force meetings were organized periodically, for the elaboration of all the OPs, as
follows:
Romania-Hungary Cross Border Cooperation OP
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-
On the 11th of April, in Bekescsaba, the Task Force for the CBC Programme RomaniaHungary has clarified the common programming procedure, discussed the eligible
programme area limits, the indicative contribution of each country (FEDER allocation) to
the programme budget, the designation of external experts involved in the ex-ante
evaluation and the Strategic Environment Assessment. It has also decided on the
programming schedule.
-
On the 20th of June, in Timisoara, the second Task Force for the CBC Programme
Romania- Hungary took place. There were discussed and decisions were made
regarding the priority axes, the proposals for the management structure and the Lead
Partner Principle.
Romania-Bulgaria Cross Border Cooperation OP
On the 9th of June, in Rousse, the Task Force for the CBC OP Romania- Bulgaria approved
the framework content of the Operational Programme, the indicative contribution of each
country (FEDER allocation) to the programme budget, the list of statistical indicators that will
ground the SWOT analysis and the cooperation strategy, the schedule for border meetings
for collecting data, opinions and future cooperation intentions, as well as the proposals of
institutions to undertake the responsibility of managing the funds of the future programme.
Transnational Cooperation OP South East European Space
On the 16th of May, in Budapest, the Task Force for the elaboration of the Transnational
Cooperation OP for South East European Space discussed the opportunity of using the 10%
and respectively the 20% flexibility within the programme and decided that, in the present
context, they are necessary. There were also discussed the objectives and the priorities of
the programme, the methodology and the working schedule for programme elaboration,
project generation process and the status of Technical Assistance contracting, aimed at
supporting the elaboration of the Operational Programme. In parallel with the Task Force
meetings, technical working groups meetings are taking place, in order to draw up the
programming documents.
Within the Directorate for Territorial Cooperation with non-EU Member States of the Ministry
of European Integration, bilateral meetings with the partners at central level from Serbia,
Moldova and Ukraine took place in May and June. During these reunions, were discussed
general aspects related to the 2007-2013 programming process, the calendar of future
actions, working structures involved in drawing up the joint programmes. Also, the project
pipeline and the practical ways to achieve it have been approached.
In June, the CBC Regional Offices in Iasi, Suceava and Timisoara have started consultations
with relevant actors in the eligible areas of the three cooperation programmes at external
borders, these actions led to a better information of the potential beneficiaries, as well as a to
the drafting a first list of project proposals. These consultations are ongoing.
Within the Black Sea Basin Cooperation Programme, a meeting of the partners was
organized in June. The purpose of the reunion was to launch the programming activities, to
establish the working structures, to set up the schedule for the programming activities and to
continue the discussions for designating the Managing Authority of the programme.
Partnership
POS Increase of Economic Competitiveness
On the 11th of May 2006, the AM organized a meeting with large trade unions, employers’
associations and representatives of Chamber of Commerce, in order to present the financial
opportunities available within POS IEC.
Between 14th -19th of May, under the Twinning Project PHARE 2003, RO 03/IB/OT/07, the
Managing Authority organized meetings with the OIs and with the Directorate for the
Relations with the Parliament, Trade Unions, Employers Associations, Information and Public
Relations on partnership mechanisms.
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The representatives of the Managing Authority attended the Project Management Vision
2006, organized by CEFE Training Romania, during 21-23 June, on partnership development
regarding project management co-financed by Structural Funds.
The representatives of the Managing Authority presented the last version of the POS IEC
draft on the 21st of June, during the first session of training (out of 7) organized by the
National Trade Unions Organization for the Ministry of Administration and Interior and on the
28th of June for the representatives of the Romanian Businessmen Association.
Intermediate Bodies
National Agency for Small and Medium sized Enterprises and Cooperation. During the
meeting of the Advisory Committee for SMEs Development, held on May 3rd, consultations
with strategic partners (line ministries, MIE, MFP), managing authorities for operational
programmes financing complementary operations with Priority axes 1 of POS IEC (POR,
POS HRD), all OIs designated for POS IEC, Chamber of Commerce, ADRs and employers
and professional associations took place. The operations of the intervention fields of the
Priority Axis 1 were detailed.
Ministry of Communications and Information Technology Letters have been sent to 40
County Councils in order to inform them as regards the operations financed under Priority
axis 3 and to identify potential beneficiaries. Information campaigns focused on potential
beneficiaries were held in Craiova and Deva regarding the opportunities offered by structural
funds.
The OI also attended the “Romanian Fair for Small and Medium-Size Enterprises” and the
CERF (Computer & Electronics Romanian Fair). As a result of the direct contact with the
beneficiaries, a database was created containing their identification elements.
Ministry of Education and Research – National Authority for Scientific Research The priority
axis IRD was presented during the symposium „R&D – fundamental concept for the
development of the SME sector in Romania”, on May 26th. The „Opportunities for financing
from structural funds” were presented during the conference „Technology Transfer and the
national R&D programme RELANSIN”, on June 8th with participation of representatives from
the scientific community.
POS Environment
The AM POS Environment has continued to develop the central, regional and local level
partnerships with public authorities, employers` and professional associations, NGOs. In this
respect, the report on the collaboration of the NGOs to the elaboration of the POS
Environment, drawn up by the “NGOs for Structural Funds” Coalition was published on the
MEWM website. On the 24th of June 2006, a large partnership reunion with the NGOs from
all over the country took place, its main topics being to increase the efficiency of the process
of nominating the „Natura 2000” sites, the list of the future water and waste management
projects financed by the Cohesion and Structural Funds and also the latest developments of
POS Environment.
In May-June, the AM POS Environment participated and organized a series of meetings,
aiming at identifying projects, but also disseminating information on the financing
opportunities of the future community funds. Thus, within the ISPA projects, meetings for
water and waste projects identification, with the participation of the Intermediate Bodies of
the POS Environment, Romanian National Waters Administration (ANAR) and mayoralties
took place. With PHARE support, 4 training sessions regarding the means of identification
and assessment of water, waste, biodiversity and municipal heating systems projects were
organized (in Galati, Timisoara, Moeciu and Bacau), sessions attended by the
representatives of ARPMs, OIs and ANAR.
The representatives of the AM POS Environment participated in meetings with employers
and professional associations (Romanian Water Association, Romanian Salubrity
Association, Public Services Employers` Association, COGEN, Businessmen Association,
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etc.), where announcements regarding the financing opportunities from Structural and
Cohesion Funds were made. Two meetings for each region took place, attended, on one
hand, by the representatives of the AM POS Environment and the OIs, and, on the other
hand, by the representatives of local authorities, in order to identify priority investments in
water and waste sectors.
Monthly meetings took place at county level, with all the relevant local authorities involved in
providing water services, for discussing the necessities of institutional re-arrangements in
order to commit the European Union’s funds and to increase the implementation capacity of
water projects.
More meetings on specific topics were organized with other central authorities and NGOs (in
order to discuss the implementation and financing mechanisms of the Cohesion Fund
projects and also to identify legal possibilities needed to facilitate the proper implementation
of the projects. Regarding the state aid issue, two meetings with the participation of all
involved parties (EC, EC Delegation, Competition Council, Ministry of Public Finance,
Ministry of Interior and Administration, Ministry of Environment and Water Management) took
place.
POS Transport
In May 2006, MTCT organized a second consultative Forum with the participation of the
socio-economic partners, representatives of the ADRs, NGOs, representatives of the local
public administration, in order to present the progress made in the POS Transport
elaboration process.
On the 23rd of May 2006, POS Transport was presented with the occasion of the “Modern
solutions for the rail traffic and infrastructure management” conference.
Within the promoting campaign “POS TRANSPORT 2007-2013 Caravan”, informative
seminars took place on the 26th of May 2006, in Piatra Neamt, and on 16th of June in
Timisoara, organized by the MTCT, as the AM for POS Transport, with the support of the
North-East ADR, and respectively of West ADR. At the seminar, the representatives of the
MTCT presented the POS Transport 2007-2013 structure (priority axes, major areas of
intervention), the financial allocation and the projects foreseen for the two development
regions.
Also, two workshops took place during the period 21 – 23 May 2006 and the period 16-18
June 2006, when the POS Transport and its implementing procedures were discussed. The
representatives of the MTCT, CFR S.A and AND S.A attended these workshops.
On the 7th of June, a workshop regarding the POS Transport took place with the
participation of the representatives of the Romanian ports and airports administrations, as
well as representatives of the general directorates for naval and civil aviation transport from
the MTCT.
On the 23rd of June 2006, a seminar regarding project appraisal and selection took place
with the participation of the representatives of MTCT, CFR Calatori SA, CFR SA and AND
SA.
During 26-27 June 2006, informative seminars regarding the POS Transport and the
implementation procedures took place. Representatives of CFR S.A, AND S.A and MTCT
participated.
Regional Operational Programme
The partnership meetings continued within the Working Group for the strategic environmental
analysis of the POR fields of intervention impact on environment in order to draw-up the
environment report. According to the Ministry of Environment and Water Management
recommendations, the Working Group includes the representatives of the ministries with
relevant activity for POR and, also, certified experts.
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The first meeting of the Working Group was organized on the 16th of June, when the content
of the POR and the Governmental Decision 1076/2004 regarding the strategic environmental
assessment were presented to its members. The next meeting will take place in July, with
the participation of the experts that were contracted under the Technical Assistance project
for the Ex-ante evaluation of all NDP/NSRF Operational Programmes - project coordinated
by the Ministry of Public Finance.
Also, taking into consideration the fact that the first draft of the Programme Complement was
drawn-up, the POR Managing Authority invited the regional partners on the 29th of June
2006, to analyze and discuss this document, as well as to clarify some aspects, such as:
projects beneficiaries, eligible activities, eligibility and selection criteria, financial allocations,
implementing, monitoring and evaluation system.
OP Administrative Capacity Development
During the reference period, two bilateral meetings have been held with potential final
beneficiaries in order to identify project ideas and to prepare the project pipeline.
Technical Assistance Operational Programme
The Working Group for Technical Assistance continued its activity during the period May –
June 2006. The technical assistance priority axes within the operational programmes have
been analyzed from the point of view of their content, aiming at avoiding overlaps and
ensuring correlation with the Technical Assistance Operational Programme. At the same
time, guidelines regarding the eligibility of expenditure for technical assistance have been
drafted.
Operational Programmes for Territorial Cooperation
During the reference period, the partnership consultations continued, particularly focused on
promoting the objectives of the new programmes at regional and local stakeholders level.
Romania-Hungary Cross Border Cooperation OP
-
25th of April, Timisoara Consultative meeting between Romanian counties.
The purpose: the analysis of the Timis, Arad, Bihor and Satu Mare counties’ interests in
promoting the strategic key projects. Selection principles that are to be agreed with the
Hungarian partners were drawn up, in order to access the funds for the 2007-2013
Romania- Hungary Operational Programme.
-
26th of April, Bekescsaba (Hungary) - consultative meeting between Romanian and
Hungarian counties.
The purpose of the meeting: to harmonize the county authorities’ interests on the
strategic key projects within the eligible area.
-
19th of June, Mako (Hungary) - Workshop with the representatives (aprox. 50 people) of
public authorities of the counties (county councils, city halls), chambers of commerce,
environment protection agencies and water management institutions.
The purpose: to discuss the conclusions drawn from the analysis of the present situation
within the area, materialized in the SWOT analysis as well as the draft strategy
addressing the problems identified.
These meetings were attended by a large number of representatives of local and county
councils, city halls, prefecture offices, local labor agencies, county school inspectorates,
universities, business environment - professional and employers organizations and civil
society (associations, foundations, NGOs).
Romania-Bulgaria Cross Border Cooperation OP
The first bilateral workshop for promoting the programming process and for partnership
consultations for the OP for Romania - Bulgaria took place on the 6th of April 2006, in
Giurgiu: 94 participants (representatives of ministries, county councils, ADRs, chambers of
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commerce, county halls, education institutions, city halls, environment protection agencies,
local development agencies etc. from both Romania and Bulgaria) attended it.
Transnational OP South East European Space
At national level, a Working Group for supporting the elaboration of the SEES Operational
Programme was set up (the first meeting was held on the 11th of May). The Group includes
representatives of the ministries managing the eligible domains for SEES funding, ADRs and
Regional Development Councils. A representative of the National Agency for Small and
Medium Sized Enterprises will be invited to join. Also, during the first meeting of the National
Working Group, a regional representative was designated to attend the transnational Task
Force reunions together with the national representative.
Project Pipeline Preparation
Having in mind the importance of project pipeline preparation to increase of the Structural
and Cohesion Fund absorption rate, AM for CSC started a quality and quantity assessment
of the project pipeline preparation stage at the level of the Managing Authorities and
Intermediate Bodies. For this purpose, on the 21st of June 2006, a set of questionnaires,
elaborated by the AM for CSC have been sent to the Managing Authorities as an instrument
for assessing the current situation and for identifying the actions that need to be taken
forward. In the same time, on the 27th of June a meeting was organized in order to clarify the
questions that can arise by completing the questionnaires.
POS Increase of Economic Competitiveness
National Agency for Small and Medium sized Enterprises and Cooperation. On June 7th and
on the 26th ANIMMC met the Competition Council and detailed the preparation of the state
aid schemes regarding the operations of the 3 interventions domains of Priority axes 1. This
concerns mainly making compatible the projects presently managed by ANIMMC and
financed by the state budget with the operations that will be financed by Priority axes 1
(investments for SMEs, export promotion, business consultancy, business incubators
promotion, quality management systems etc)
Ministry of Communications and Information Technology. In order to support the project
pipeline, following the information campaigns described at Partnership chapter, a database
has been drafted containing potential beneficiaries/projects.
Ministry of Education and Research. National Authority for Scientific Research-The proposal
for a Government Decision regarding the national programme IMPACT dedicated to the
preparation of the project pipeline for structural funds under Priority Axis 2 of POS IEC
received the necessary endorsements of the ministries, and has been transmitted to the
Government for approval.
National Authority for Tourism. For the operation “The Development of the National Tourism
Brand” from Priority Axis 5, potential offers from consultancy firms are being analyzed, the
Terms of Reference are being drafted for the selection through a call of the consultant that
would develop the National Tourism Brand (a few meetings with advertising and branding
specialists have taken place in order to clarify the steps in realizing national tourism brand).
For the operation “Development of the National Network of Tourism Information and
Promotion Centres”(2nd intervention domain), in cooperation with the National Institute for
Tourism Research and Development, a draft concerning the placement of centers has been
developed.
General Directorate for Energy Policy within the Ministry of Economy and Trade. At present,
fills in the database with project proposals from the potential beneficiaries (compatible with
the Priority Axis 4 of POS IEC) with information regarding the multi-annual financing
estimation, the estimation of the projects and of the co-financing, the estimated period for
implementation, feasibility studies and project fiches existence.
Taking into consideration the possibility of preparing larger projects through JASPERS
Programme, the potential beneficiaries were requested to fill in and send fiches, including the
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elaboration status of these fiches. For the projects proposed to be included in the Action Plan
JASPERS 2006, the potential beneficiaries have sent the feasibility/pre-feasibility studies (4
projects valued between 25 – 700 ml. Euro).
Sectoral Operational Programme Environment
The project pipeline preparation for POS Environment is a constant priority for the AM POS
Environment. The projects are prepared with support from the pre-accession instruments
ISPA and PHARE (Partnership) or from other financing sources (foreign loans).
Project Preparation with support of ISPA Funds
40 major water/wastewater (25) and waste (15) projects are under preparation with support
from two ISPA Technical Assistance projects (ISPA 2002 / RO / 16 / P / PA / 013 and ISPA
2005 / RO / 16 / P / PA / 001). Out of these, 15 projects (5 waste and 10 water, with a total
estimated value of 1 billion Euro, will be completed in January 2007. The other 25 projects
will be prepared until the end of 2007 (the total estimated value is 1.5 billion Euro).
Project Preparation from foreign credits
The preparation of the Terms of Reference for the WB project has started in June this year. It
is estimated that the TA project will start at the beginning of 2007 and the investment projects
will be prepared by the middle of 2008.
Project Preparation from PHARE
With support from PHARE 2005/017–553.04.03/08.01 „Technical Assistance for project
pipeline preparation” (5,5 MEuro) a minimum of 5 waste projects will be prepared, 3 projects
for municipal heating systems and 5 biodiversity projects. The estimated value of the
investment is of around 200 billion Euro.
Sectoral Operational Programme Transport
On the basis of the Short indicative list of projects, the most appropriate financing schemes
were analyzed. Thus, for the financing of the projects for the ports and airports located on
TEN-T, the call for proposal was identified as a suitable scheme.
In this sense, within the workshops that took place on 21-23 May and 7 June, aspects
regarding projects pipe line were discussed with the POS Transport’s Final Beneficiaries.
Similar, the application forms were also discussed for the road and rail sector. In the same
time, together with the Competition Council, the notification procedures for the projects that
may enter under the staid aid rule violation started.
Sectoral Operational Programme Human Resources Development
Due to the activity of PHARE Programme Implementing Unit within the Ministry of Labor,
Social Solidarity and Family, a database including the projects evaluated in 2002 and 2003
was created. So, 780 projects rejected under PHARE 2003 will be re-evaluated and
improved with a view to be included in the project pipeline for FSE, as follows:
-
433 projects submitted under Priority Axis 1 “Active Measures on the labor market”,
corresponding to Priority Axis 5 within POS HRD “Promoting active employment
measures”, and
-
347 projects submitted under for Priority Axis 2 “Human capital promotion”,
corresponding to Priority Axis 1 “Education and professional training for growth and
knowledge based society development”, and corresponding to Priority Axis 2 “Linking life
long learning and labor market” within POS HRD.
Intermediate Bodies
National Agency for Employment - During the reference period, the process of projects
identification for Priority Axis 4 “The modernization of Public Employment Service” continued.
Informative meetings were held in each region, with the participation of the main potential
project promoters (the representatives of each employment agency). Starting with April 2006,
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call for proposals have been initiated at the level of each region, starting with South-Muntenia
and ending with North-West and Central Regions. Until the end of August 2006, all these call
for proposals are to be finalized.
All the necessary costs in order to develop the project pipeline for the Priority Axis 4
“Modernizing the Public Employment Service” within POS HRD have been ensured by the
Unemployment Insurance Budget.
Ministry of Education and Research – Until now, 330 project proposals were received. Most
of them refer to measures regarding teachers’ training, taking into consideration the fact that
the development of educational offers corresponds to Priority Axis 1 “Education and training
in support for growth and development of knowledge based society” and Priority Axis 2
“Linking life long learning and labor market”. Those project proposals have been analyzed
and suggestions for improvement have been sent to the potential beneficiaries.
At ministerial level, a series of debates have been initiated on 3rd and on 8th of June 2006.
The main goal of those meetings was to reasonably identify projects at national level for the
MER to initiate within POS HRD, in order to benefit from FSE funding.
At the end of June 2006, an OI POS HRD project for “Increasing Capacity for Accessing,
Implementing and Managing FSE interventions in education” was submitted for approval to
the Ministry of Public Finance. One of the components of this project refers to “Grants for
FSE project preparation” and aims at supporting the preparation of 200 projects during 2006
- 2008 in order to be submitted under POS HRD for financing. The project preparation will be
financed from the state budget.
Regional Operational Programme
Currently, the Ministry of European Integration has a pipeline of around 1600 projects,
potentially eligible under the Regional Operational Programme 2007 – 2013. This pipeline is
periodically reviewed and updated based on the project proposals collected by the Regional
Development Agencies within the partnership working groups, set-up until 2002, at the
regional and county level.
Although these projects are in line with the objectives of the NDP/NSRF National Strategy for
Regional Development they could not be financed, because of the limited PHARE
Programme budget. The National Board for Regional Development decided that these
projects should remain within the project pipe-line to be financed under the Regional
Operational Programme 2007-2013, taking into consideration that they have feasibility
studies and some of them, even technical projects.
In order to accelerate the preparation process of these projects so that they could be
implemented immediately after our country accession to EU, the Ministry of European
Integration initiated a Governmental Decision for financing, from the Ministry budget, the
technical assistance for updating and/or revising the documentation. Specialized firms,
selected through public tender by the Ministry of European Integration, accordingly to the
current law, will support the project preparation.
Technical Assistance Operational Programme
Based on the Technical Assistance Operational Programme and in parallel with drafting the
related Programme Complement, the Managing Authority has started the development of the
project pipeline, having identified so far the main projects which shall be submitted in the first
year of implementation.
Territorial cooperation Operational Programmes
In order to establish a project pipeline, during this period a dialogue was launched,with the
main public county and local authorities and other institutions from the eligible area of the
ETC programmes; its main purpose was to find out their interest of developing projects with
partners from the neighbouring state. Questionnaires were sent to local stakeholders to
identify the project needs together with the request to send project proposals to the Ministry
of European Integration, within the following deadlines: 12th of June for the CBC OP
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Hungary-Romania, 16th of June for the CBC OP Romania- Bulgaria and 15th of August for
the Trans-national OP South East European Space.
The already received data for the CBC OPs Romania –Bulgaria and Romania-Hungary is
currently under analysis and aggregation.
Monitoring
SMIS
As regards to the Single Management Information System, the first stage of defining the
concept, the software application as well as the IT infrastructure development is completed.
Regarding the second stage of the SMIS development, on the 6th of June 2006, the DG
Enlargement’s representative announced that the contract’s extension proposal had been
forwarded to be signed by the DG Enlargement’s board.
The immediate priority regarding the SMIS further development would be the system
interfacing with the EC management information system and also, fine-tuning of the soft
application according to developments for the finalization of the implementing procedures for
the new programming period 2007-2013. The software application shall also be improved in
order to produce reports needed for an effective and efficient managing and monitoring of the
Operational Programmes.
In this respect, a SMIS-NSRF Working Group was set up at the level of AMCSC with
representatives from all Managing Authorities, Payment Authority/Certifying Authority and
Audit Authority.
This Working Group is responsible for collecting and pipelining the needs concerning the
improvement of the system on one hand and for the upkeep of the integrity and uniformity of
the procedures followed in the implementation of Structural Fund measures. The Working
Group’ tasks and responsibilities are the followings: collecting and making decisions on
parameters, reports provided by the system, the roles and responsibilities of the user groups
and access right levels, supporting the development of the e-government functions in order
to allow an electronic data transfer function from electronic application forms into SMIS and
contribute to, work with and monitor the progress of the developers .The SMIS Working
Group was set up in May 2006 and shall continue to work until the end on the NSRF 20072013 implementation. According to its Terms of Reference, the Working Group meets twice a
week or every time is necessary.
Monitoring Committees
POS Increase of Economic Competitiveness
Within the Twinning Project RO03-IB-OT07 (Component 1) financed by PHARE, a
“Guidelines on Monitoring Committee” project has been drafted with the support of Italian
consultants of the twinning team. The project proposes the Composition of the Monitoring
Committee, both in terms of institutional partnership, and members, and also comprises the
responsibilities of the Monitoring Committee, the preparation of the committee’s meetings, as
well as the decision making and the secretariat’s organization and tasks.
POS Environment
The institutions that will take part in the Monitoring Committee of the POS Environment were
identified. According to the community provisions, the attributions and responsibilities of the
Monitoring Committee were identified and a first draft of the Organization and Functioning
Rules was elaborated at the AM POS Environment level.
POS Human Resources Development
Until now, consultations took place with the civil society representatives in order to establish
the mechanism of designating their representatives within the Monitoring Committee.
Regarding the functioning of this Committee, there is a proposal to establish a Monitoring
Committee (MC), with the role of ensuring the effectiveness and quality of the POS HRD
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implementation, and technical working groups, with the role of sustaining the MC activities by
providing documents and support materials necessary for decisions’ sustaining.
Regional Operational Programme
There were established, through POR, the institutions, organizations, relevant associations
and civil society structures that will be represented in the POR Monitoring Committee.
Currently, the Managing Authority for the Regional Operational Programme – Regional Policy
and Coordination Programme Directorate is drawing-up the organization and functioning
procedures for the POR future Monitoring Committee.
Operational Programme for Administrative Capacity Development
The person responsible to carry out the activities regarding the Monitoring Committee has
been assigned within the programming unit of the AM ACD.
Technical Assistance Operational Programme
The Regulation for Organization and Functioning of the Monitoring Committee for the
Technical Assistance Operational Programme has been drawn up with support from experts
within the twinning project RO03/IB/OT-08 „Strengthening the administrative capacity of the
Managing Authority for Community Support Framework within the Ministry of Public
Finance”. There will be representatives of the AM TA OP and of the other AMs and units
from the AM CSF, of the Certifying Authority, Audit Authority, and also of the European
Commission, Member States, bodies responsible for the compliance with horizontal issues of
the EU, and of the social partners.
Evaluation
During May and June, the activities in the field of evaluation concentrated on 4 axes:
1. The meetings of the Evaluation Working Group; Building evaluation capacity of both
Evaluation Central Unit within AMCSC and the Evaluation Units of the OPs Managing
Authorities
During May-June, the third and fourth meeting of the Evaluation Working Group took place.
During these reunions the discussions focused on the mandate of the Evaluation Units (EUs)
within Managing Authorities and on the job description of the staff to be employed in these
units. These discussions resulted in concrete proposals to be approved during the next
meeting of the EWG, planned for 20th of July 2006. A second major issue considered by the
members of the EWG was the institutional position of the Evaluation Units within the
Managing Authority as well as the reporting flow. The results of these discussions will be
presented during the next meeting of the National Coordination Committee for Structural
Funds,
In the framework of these meetings two trainings on evaluation methodologies and
performance indicators were organized.
Specific trainings on evaluation for the Evaluation Central Unit were as well organized in May
2006 with the support of the 2003 PHARE Technical Assistance project. The main topics
addressed by the trainings were: managing evaluations, evaluation procedures and
methodologies, drafting terms of reference and selecting evaluation tender dossiers,
performance indicators, and quality control of evaluation reports.
A special training session on cost-benefit analysis and macroeconomic modeling was
organized on 24th of June 2006. Representatives from the AMCSC Evaluation Central Unit,
AMCSC Programming Unit, National Commission of Prognosis, Managing Authorities of the
Environment, Competitiveness, Regional Development and Territorial Cooperation OPs, as
well as the Transport OP Final Beneficiary and the representatives of the Managing
Authority for Infrastructure participated in this training session.
2. Development of Evaluation Awareness in Romania
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According to the Action Plan for Raising Awareness on Evaluation the first conference on
evaluation took place on 23rd of May 2006. This first event was followed by the other 5
planned conferences, on a weekly basis. The target groups participating to these
conferences were,: central public administration, governmental decision-makers, regional
and local public authorities, members of the Romanian Parliament, universities and civil
society. In total, a number of 298 persons participated. The organized conferences offered a
support for the staff involved in the future evaluation exercises (stakeholders). The
information process functioned two-ways, the participants to the above-mentioned events
providing significant information for the assessment of the Evaluation Culture in Romania,
that will be used for the drafting of the National Evaluation Strategy. A further major outcome
of these conferences is represented by the initializing of an incipient network of evaluation
stakeholders, which will be consulted in the process of drafting and implementation of the
National Evaluation Strategy.
3. Preparing the drafting of the National Evaluation Strategy
The first step in drafting the National Evaluation Strategy, i.e. the Assessment of the
Evaluation Culture in Romania is in its final phase. After consulting the stakeholders on this
first document, a first version of the National Evaluation Strategy will be drafted. The first
conclusions of the National Evaluation Strategy will be disseminated to the stakeholders, the
received comments incorporated and the final NES version launched in September 2006.
4. Development of a professional community on evaluation
The training course on evaluation of socio-economic development programmes organized by
the Evaluation Central Unit with the support of the 2003 TA PHARE project for the private
sector, universities and non-governmental organizations was finalized at the end of June. 34
participants graduated and received a certificate from the National University of Ireland,
Galway. The training course focused on the following topics: evaluation methodologies,
drafting terms of reference and evaluation tender dossiers, cost-benefit analysis, relevant EU
texts on evaluation, building evaluation capacity in Romania, monitoring system of the
recommendations made as result of the evaluation, appropriate evaluation exercise for the
Structural Instruments.
Regarding the ex-ante evaluation of the 7 OPs under the Convergence Objective and of the
Objective 3 OPs on Territorial Cooperation, the Romanian authorities, following a competition
procedure, have finalized the selection of the two consortiums carrying out these evaluations.
It is expected that the evaluation activities will start in the first part of July this year.
POS Environment
A core group of 4 persons within the Programming Directorate were nominated to have
responsibilities for the POS Environment Assessment. This nucleus collaborates with the
Central Assessment Unit within the AMCSC and participates in the training sessions
organized by the AMCSC. The main objective of this group is to make the ad-hoc and the
ongoing assessment – the new types of assessment introduced in the general regulation
regarding Structural Funds.
POS Human Resources Development
The Evaluation Unit functions within the Sectoral Operational Programme Directorate for
Human Resources Development, Programming and Evaluation Compartment. For this
structure, 2 positions have been allocated and have already been occupied. At present,
these employees participate at the seminars organized by the Central Evaluation Unit within
the Ministry of Public Finance – Managing Authority for Community Support Framework, with
the support of the representatives of the DG Regional Policy, -European Commission. An
expert from the Evaluation Unit participates as a member at the monthly meetings of the
Evaluation Working Group coordinated by the Central Evaluation Unit within the Ministry of
Public Finance.
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An expert from the Evaluation Unit within the AM POS HRD is taking part, as an active
observer, at the partnership reunions regarding the evaluation of the human resources
programmes implementation for the current programming period in the member states,
organized by DG Employment, Social Affairs and Equal Opportunities, in Brussels.
Regional Operational Programme
Within the Managing Authority for Regional Operational Programme – Regional Policy and
Programme Coordination Directorate – a unit for the “Regional Operational Programme
Evaluation” was set up and 3 experts were designated to fulfill the tasks of this unit.
These experts participate at the monthly information and training sessions of the Evaluation
Working Group, coordinated by the Evaluation Central Unit within the Ministry of Public
Finance.
Operational Programme for Administrative Capacity Development
An evaluation unit is set up within AM ACD. One of the 2 positions allocated is already
occupied.
Technical Assistance Operational Programme
The ex-ante evaluation of the Technical Assistance Operational Programme is contracted
within the 2004 PHARE project „Ex-ante evaluation”.
Taking into account the specificity of this programme, the interim and ad-hoc evaluations,
which shall be carried out during the implementation of the programme, will be contracted
and managed by the Central Evaluation Unit.
Internal Audit
POS Increase of Economic Competitiveness
In the Internal Public Audit of Ministry of Economy and Trade, directly coordinated by the
minister, 3 auditors are responsible with the audit system of POS IEC.
Intermediate Bodies
National Agency for Small and Medium sized Enterprises and Cooperatives –The Audit Unit
within ANIMMC is directly subordinated to the Agency’s president, and has 2 positions
allocated for activities related to structural funds (1 occupied and 1 vacancy). The person
dealing with structural funds participated in a training course – “Structural Funds - from
theory to practice” – organized by the National Institute for Administration, 22nd - 26th of May
2006.
Ministry of Education and Research – National Authority for Scientific Research – The Audit
Unit, directly subordinated to the ANCS president, has only one person hired who is
responsible also for the audit system regarding structural funds.
General Directorate for Energy Policy - Ministry of Economy and Trade – 3 auditors from the
Internal Public Audit Unit of MET, directly coordinated by the Minister of Economy and Trade,
are responsible with the audit system of POS IEC and are nominated also for OI Energy.
National Authority for Tourism – In the Audit Compartment within NAT one position was
allocated for structural funds activities. It is planned to fill in the vacancy until the end of third
quarter 2006.
POS Environment
3 persons are nominated within the Internal Public Audit Unit (6 positions - out of which one
management position) for the audit of the Structural and Cohesion Funds, their activity being
coordinated by the Head of IPAU.
In May-June 2006 the following training sessions have been held, trainings organized by the
National Administration Institute: project management (2 persons) and project financial
management (1 person).
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According to the audit plan for 2006, the audit mission “Audit of PHARE PIU Activities”
(regularity and system audit) was completed in June. The audit mission “Audit of ISPA
Programmes Management” (system audit) is ongoing.
POS Human Resources Development
Within the Directorate Internal Audit and Control, subordinated to the Minister of Labor,
Social Solidarity and Family, functions PHARE Audit Unit, having 2 positions allocated, both
filled in. The employees are carrying out audit activities for PHARE Programme and in the
same time, they are preparing themselves for the Sectoral Operational Programme activities.
Regional Operational Programme
Due to the fact the Ministry of European Integration was reorganized, the internal audit
structure of the Ministry (organized as a sub-unit) became a Directorate and the number of
allocated positions increased from 8 to 18. Within this Directorate was organized the Internal
Public Audit for Structural Funds Compartment (with 7 internal auditors positions).
Within the twining project RO.04/IB/OT-04 PHARE 2004 for strengthening the Ministry role in
the coordination, elaboration and implementation of the regional policy as Managing
Authority for Regional Operational Programme – the 3rd component “Development of the
administrative capacity in the field of the financial management, control and internal audit”,
the following activities were organized: the analysis of the audit unit within the ministry
concerning the personnel and training, drawing-up of an Action plan for strengthening the
administrative and institutional capacity of the internal audit unit within the Ministry and two
seminars have been organized concerning eligibility rules of EC – auditors involved in this
domain participated.
The auditors of Audit Directorate have attained the courses on the structural funds
management and communication organized by the National Institute for Administration.
Operational Programme for Administrative Capacity Development
One person from the Audit Unit within the Ministry of Administration and Interior is dedicated
to structural funds activities and has participated to a training session on financial
management and control within AM ACD during 26-30 June 2006.
Technical Assistance Operational Programme
The Internal Public Audit Directorate of the Ministry of Public Finance carries out the internal
audit for the Managing Authority for Technical Assistance Operational Programme. Within
this directorate, the Unit for Internal Audit of External Funds has 13 employees, out of which
5 persons were trained on internal audit of European funds and 2 persons on structural
instruments management.
External Audit
Law 200 of 23rd of June 2005 establishes the Audit Authority (AA) for the funds granted to
Romania by the European Union through the ISPA and SAPARD Programmes and for the
future post-accession funds to be granted as an independent body functioning close to the
Court of Accounts.
The Regulation for Organization and Functioning (ROF) of the Audit Authority was approved.
The regulation establishes the tasks of AA, the organizational structure, the tasks
coordination of the AA’s own structures, as well as the rules for the staff.
In order to carry out the external audit of the Structural and Cohesion Funds, the organization
chart for 2006 of the Audit Authority was modified, completed and approved by Decision
no.32 /18.05.2006 of the Plenum of the Court of Accounts.
For the external audit of the Structural and Cohesion Funds the following departments were
created: the audit department for ISPA funds and for Cohesion Fund, with a number of 25
approved positions, of which 25 are actually occupied at present and the audit department
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for the regional development funds and the social fund, with a number of 25 approved
positions, of which 13 are occupied at present.
Financial Management and Control at the level of Managing Authorities and
Intermediate Bodies
POS Increase of Economic Competitiveness
Within the Managing Authority, in the financial management and control unit, there are 15
allocated positions, out of which 8 are staffed. In June 2006, 4 persons attended specialized
training courses.
Intermediate Bodies
National Agency for Small and Medium sized Enterprises and Cooperatives. The financial
management and control unit has 9 allocated positions, all of them being staffed. In June
2006, 4 persons attended specialized training courses.
Ministry of Communications and Information Technology. The financial management and
control unit has 10 allocated positions, 8 of them being already staffed. Two persons
attended a training programme on financial management, during the reference period.
Ministry of Education and Research – National Authority for Scientific Research. The
financial management and control unit has 14 allocated positions (6 at central level, 8 at
regional level), out of which 3 are staffed (2 at central level, 1 at regional level). During the
reference period, 2 persons attended a training course on financial management, organized
on a MFP-AMCSC PHARE project.
General Directorate for Energy Policy - Ministry of Economy and Trade. The financial
management and control unit has 13 allocated positions, out of which 9 are already staffed.
Two persons attended a training programme on financial management, during the reference
period.
POS Environment
Within the AM POS Environment, functions the Directorate of Financial Control of the
Structural Instruments, with a total number of 16 allocated positions, out of which 14 are
occupied. Considering the principle of segregating the management function and the control
function, the State Secretary for European Integration directly coordinates the Directorate of
Financial Control of the Structural Instruments. This directorate is totally separated of the
Programming Directorate and also of the two directorates responsible with monitoring, POS
Environment Directorate and Cohesion Fund Directorate.
At the OI level, the Financial Control Office functions separately from the programming and
monitoring offices.
The staff of the Directorate of Financial Control and also the staff of Financial Control Office
from the OI level attended general or specific training sessions in the reference period, on
topics such as: project management, project proposal assessment and financial
management. The training sessions were organized with support from PHARE projects
managed at central or regional level.
In the reference period, the activity of elaboration of the financial management and control
procedures was intensified. These will be completed by the end of July.
POS Transport
AM for POS Transport will use the expertise gained from the ISPA programme for the POS
Transport financial management. The payment flow at the AM level will be based mainly on
the ISPA payment flow, aspect confirmed at the reception of the framework proposal from
the Payment Authority.
In the POS Transport implementing procedure manual, there were also included the
procedures regarding the financial management of the Structural and Cohesion Funds. At
present, within the Financial Management Unit there are 12 allocated positions out of which 6
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are staffed. The persons within this unit received training on the following topics: Budget
Settings for Capital and Operating Costs; ; Financial Management of Projects; Fraud and
Irregularities; International Accounting Standards; Project Implementing and Monitoring;
FIDIC Contract Conditions; Financial Management and Control; Public Accountancy; POSTransport and implementation procedures.
POS Human Resources Development
The Financial Management and Control Compartment is established within the Directorate
Sectoral Operational Programme for Human Resources Development. 10 positions have
been allocated for this compartment, out of which 5 are already filled in. All the vacant
positions are to be filled in during July and August 2006.
The Monitoring, Financial Management and Control Unit has been established within
ANOFM at OI POS HRD level. Currently, all 15 positions allocated for this unit are filled in. In
June 2006, 2 of these employees participated at specialized training on financial
management and control.
Regional Operational Programme
Within MIE, the Certifying and Payments Programmes Directorate will be paying unit for the
Managing Authority for POR and for the Managing Authorities for the European Territorial
Cooperation Programmes. The Directorate comprises the Certifying Structural Funds Unit,
the PHARE Payments Unit and the Financial and Accountancy Programme Unit.
Certifying and Payments Programmes Directorate has 7 allocated positions for contract
officers within the certifying unit and 1 allocated position for a financial officer within the
financial and accountancy programme unit. Currently, 4 positions are staffed. At the end of
the month, the transfer of the contract officers from the PHARE unit will staff all the positions.
The following specialized training sessions have been organized: Implementation
Secondment – National Twinning RO02/IB/SPP/01; Financial and economic analysis and risk
assessment - RO 2002/000-586.05.01.01.01; SF overview, AM functions, Monitoring
Committee Attributions - RO 2002/000-586.05.01.01.01; Financial Control and Internal Audit
- National Twinning RO02/IB/SPP/01; Eligibility Rules - NATIONAL TWINNING RO04/IB/OT04; Training in International Accounting Standards; Activities and organization of regional
nucleus of evaluation of public investments (study visit) - RO 2002/000-586.05.01.01.01.
Operational Programme Administrative Capacity Development
Within the financial management and control unit, there 5 allocated positions, out of which 4
are occupied. During the reference period, 2 persons attended a specialized training course
on „Financial management and control”, organized by AMCSC of MFP.
Technical Assistance Operational Programme
Within the Managing Authority for Technical Assistance Operational Programme, the
Financial Management and Control Unit is organized, having 6 allocated positions, out of
which 5 are staffed.
All the employees have economic and financial background and experience, out of which 4
have been trained on financial management.
A first version of the financial management and control procedures has been drawn up, as
part of internal procedures of the Managing Authority.
Certification and payments system
At present, the existing certification manual is being updated in order to take into account the
two payment mechanisms and the Managing Authorities’ decisions regarding their role in
ensuring an efficient management and control system. Thus, starting from the tasks of the
Managing Authorities, the controls performed at the Paying Authority level are being revised.
Regarding the payment system, a proposal of the legal framework needed into the budgetary
process – foreseeing the pre-financing/co-financing amounts and those needed to cover the
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ineligible expenditures (financed from the state budget sources) into the state budget starting
with 2007 was drafted. Through this legislative act there are defined the categories of
expenditures foreseen within state budget, in relation with the structural instruments and in
relation with institution budget that will reflect them. Currently, the draft is circulated within the
Ministry of Public Finance for comments.
In order to finalize the payment flows for direct and indirect payments and to have a unitary
decision for the whole structural instruments system, it was drafted and circulated an
instruction regarding the pre-financing transfer, which follows the same circuit as the
amounts representing the co-financing amounts given from the state budget sources. The
instruction contains a description of the way in which the amount of pre-financing is
established, the conditions in which it is released, the circuit of the funds and the way in
which those amounts are recovered.
At the MFP level, it was taken the decision to open the accounts for receiving the advance,
interim and final payments from the European Commission, for each fund and, within them,
for each Operational Programme. These accounts will be held by the treasury system into
euro, at national level. For this purpose, the Treasury department is taking the necessary
steps: creating the necessary legal framework, selecting the commercial bank for the
corresponding accounts and the necessary operating methodology.
Also, both for certification and payment systems, it was drafted and sent to the Managing
Authorities for comments, the “Framework Agreement between the Paying Authority and
Management Authority” in order to formalize the relations between these institutions and to
establish the responsibilities of the parties according to the EU regulations.
The new Law no.273/20.06.2006 on the local public finance was adopted by the Parliament
and promulgated by the Romanian president through the 895/28.06.2006 Decree. The law is
to be published in the Official Monitor. The new law modified the EGO no.45/2003 and
established an increased allowed debt for the local public authorities from 20% to 30%.
Co-financing mechanism
Within the process of drawing up the financial plans for the Operational Programmes, there
were discussed and set up the financing rates from the structural and cohesion funds and the
contributions from the state budget, local budgets and from private beneficiaries, at the level
of priority axes and each intervention field (“measure”).
Given the difficulties that many local authorities could have in ensuring their own contribution
to the projects proposed for financing from structural instruments, as well as the imperative of
ensuring an absorption rate as high as possible, the Ministry of Public Finance and the
Managing Authorities have decided to set up a low local co-financing rate (between 2-5% of
a project eligible value), the rest being ensured from the state budget. Another factor that
was taken into consideration in setting up this co-financing level was that, the local
authorities will have to cover several ineligible costs (e.g. fees, taxes, land acquisitions etc.).
The Memorandum regarding the setting up of the financial flows generated by the structural
instruments, provides that the funds representing public co-financing from the state budget
and the needed amounts for pre-financing will be included in the MFP budget, in a global
amount and allocated at the level of Paying/Certifying Authority.
Public procurement
Legal framework
The EGO no.30/2006 (OJ no.365/26.04.2006) on the verification of procedural issues
regarding the public procurement contracts assignment process became effective on June
30th, 2006, with the exception of article 1, par. (1), articles 12 and 13, which became
effective on their publishing date in the Official Journal. The law approving this ordinance has
been adopted by the Romanian Senate and is currently under approval at the Chamber of
Deputies.
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Also, it was elaborated the draft GD approving the application norms for the enforcement of
the EGO no.30/2006 on the verification of procedural issues regarding the public
procurement contracts assignment. The draft law containing the Commission’s
recommendations from June 21st-22nd, 2006 is to be discussed in Government meeting on
July 12th 2006.
Detailed information regarding the public procurement legislation is presented in Chapter 1Free movement of goods.
Institutional framework
The Central Unit for Ex-ante Verification of the Public Procurement (CUVPP) was
established, by Order of the Minister of Public Finance no.863 of May 29th, 2006. Currently,
CUVPP is organized and is functioning as a service under the subordination of the Minister
of Public Finance.
At present, there are 50 allocated positions out of which 33 are staffed, including the position
of head of unit. The staff recruited is qualified and experienced in public procurement,
control, legal field and IT.
By the Order of the Minister of Public Finance no. 894 of June 2nd, 2006, the Ex-ante
Verification of the Public Procurement compartments were established within the county
public finance general directorates as well as in Bucharest, subordinated to the head of
CUVPP. These will have 100 positions in total. During June 26th – 30th, 2006, the
competitions for filling the positions within the CUVPP territorial compartments were
organized.
In June, the Order of the Minister of Public Finance no.1000/16.06.2006 was approved, in
order to amend the Rules of Organization and Functioning of the Ministry of Public Finance
(Order no. 1871/2005) with the Rules of Organization and Functioning of the Unit for Ex-ante
Verification of the Public Procurement.
During 26th-30th, 2006, the School of Public Finance organized professional training
sessions on the public procurement procedures, for the CUVPP staff, with trainers from the
ANRMAP. The professional training will be continued for the new recruited personnel, the
next training session being scheduled for July 24th-28th, 2006, for the staff from both central
and territorial units.
Operational framework
The draft of the Procedure Manual for the verification of the public procurement contract
assignment was elaborated. The Manual will be improved according to the observations and
amendments of the European Commission.
In order to complete the legal framework regarding public procurement, the EGO no.54/2006
(OJ no.569/30.06.2006) regarding the concession regime for public ownership of goods
entered into force on June 30th 2006, in the same time with EGO no.34/2006 concerning the
awarding of public procurement contracts and public works and services concession
contracts.
2.3.14. Chapter 22 - Environment
As regards the integration of environmental policy in the other sectoral policies, a
reunion of the Inter-ministerial Comity for European Integration Coordination took place in
May, 31 2006, in order to analyse the conclusions of the Monitoring Report of the European
Commission published in May 2006, and future actions have been established.
As regards the strengthening of the administrative capacity, out of the 1.660
supplementary positions approved to be filled in 2004-2006 at Ministry of Environment and
Water Management (MEWM), National Environmental Protection Agency (NEPA), Regional
Environmental Protection Agencies (ARPMs) and Local Environmental Protection Agencies
(EPAs), presently 1.387 positions are occupied.
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For the Ministry of Environment and Water Management, out of the 441 positions approved
by MEWM organizing chart, 322 positions are filled. For the National Environmental
Protection Agency, out of 339 positions approved, 215 are presently occupied (all 195 posts
approved to be occupied by the end of 2005 and 20 posts from the job positions approved to
be occupied by the end of 2006). For the Regional Environmental Protection Agencies,
starting with 15 June 2006, out of the 200 positions approved, 177 positions are filled (all 158
job positions approved to be occupied by the end of 2005, and 19 job positions approved for
2006).
The Intermediate Bodies for Sectoral Operational Program for Environment from ARPMs –
168 positions approved, 155 presently occupied.
At Local Environmental Protection Agencies, out of the 846 additional positions, 779 are
occupied (all 720 additional job position approved to be filled by the end of 2005 and 59 job
position out of the 126 approved to be occupied by the end of 2006). For 2006, another 67
additional positions are approved.
At National Administration “Romanian Waters” (NARW), all 63 positions for 2005 are
occupied. 70 additonal positions are approved for 2006.
At Biosphere Reservation “Danube Delta” (BRDD), out of the 26 supplementary positions
approved for 2005, 15 are presently occupied. For 2006, 11 positions are approved.
At National Environmental Guard (NEG), out of the 748 positions to be filled, 703 are
occupied. Presently, a draft Law for strengthening the administrative capacity of NEG is been
finalized.
At the Environmental Fund Administration (EFA), out of the 121 positions approved, 90 are
presently occupied.
As regards training of personal, during the reference period, workshops, training courses,
experts missions for representatives of MEWM, NEPA, ARPMs and EPAs in the field of
waste management, water quality and chemicals have taken place. Help given in the field of
IPPC, Nature 2000 and Waste Management was intensified. The personnel of the General
Directorate for Management of Structural Instruments – MEWM has an intensive “on-the-job
training”, as well as several training course. Also, the professional training process for NEG
personnel is ongoing.
As regards the Directive 96/61/CE concerning integrated pollution prevention and
control (IPPC), 224 positions occupied (all the positions approved for 2004 and 2006 and 6
out of 29 additional positions approved for 2006) for implementing this directive at NEPA,
ARPMs and EPAs level. The training of the personnel continues through several twinning
projects.
As regards implementation, the process for integrated permitting of IPPC installations was
accelerated, such as, at June 30, 2006, the total number of applications submitted for issuing
the integrated permits was 552 (86,5%):
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404 (91,2%) – installations without transition period;
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148 (75,9%) – installations with transition period,
out of which 222 installations have been authorised so far:
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171 (38,6%) – installations without transition period;
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51 (26,2%) – with transition period.
Out of the 443 IPPC installations without transition period inventoried at national level, 31 will
not request the integrated permit, because there are in one of the following situations:
bankruptcy, failure, activity closure, capacity parameters change.
In order to correlate the issuing process of the water licences with the integrated permitting
process, the following legal acts were modified:
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-
Norms for containing the technical background documentation for water licence (MO of
MEWM no. 661/2006 on amending MO of MEWM no. 277/1997);
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Issuing procedure for water licence (MO of MEWM no. 662/2006 on amending MO of
MEWM no. 1141/2002).
NARW in cooperation with NEPA re-inventoried the water uses falling under IPPC Directive
and also their authorization stage from the water management point of view. Thus, out of the
total number of 609 water uses, which have IPPC installations, by June 30, 2006, 431 (71%)
water uses received water licences and other 86 (14%) water uses are ongoing to be
authorized.
Water Directorates organized territorial inspections from water management point of view at
the unauthorized water uses, setting up deadlines for submitting the applications, in order to
be authorized.
During the reference period, meetings of 4 Working Technical Groups were held, in order to
set up the national BREF for:
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Management of the waste and residues from the mining activities;
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Waste landfills which receive more than 10 tones waste/day or having a total capacity
more than 25,000 tones waste, excepting the inert waste landfills;
-
Treatment of municipal wastewater and gases/management systems in chemistry sector;
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Textile industry.
In June 2006, the second exercise at national level on reporting the emission pollutants from
IPPC installations (EPER) was finalised. The results, centralized at regional and national
level, on activity categories criteria are published on NEPA and ARPMs websites. In
Register, 215 companies having air emissions pollutants and 73 companies having water
emissions pollutants are registered.
During the reference period, NEG representatives carried out 271 controls to companies
falling under IPPC Directive, applying 34 penalties of 465,300 RON (136,900 Euro).
As regards the implementation of Directive 2001/80/CE on limitation of emissions of certain
pollutants into the air from large combustion plants (LCP) amending Directive 88/609/EEC,
investments works were launched for complying with the limit emissions values for 5
energetic steam boilers and 4 hot water boilers belonging to ELCEN SA Bucuresti.
Regarding the IPPC installations, according to Annex 1 of IPPC Directive, installations
included in National Program for Reduction of SO2, NOx and dust emissions, the first
semester report concerning the implementation of the measures contained by this program
was elaborated.
During 1 May – 26 June 2006, NEG representatives carried out 23 controls to the
companies, which are falling under LCP Directive.
As regards Directive 1999/13/EC on limitation of emissions of volatile organic compounds
(VOCs) into the air from certain installations and activities, by adopting GD no. 735/2006 (OJ
no. 521/16.06.2006) on limitation of emissions of volatile organic compounds (VOCs) due to
the use of organic solvents in certain paints and varnishes and vehicle refinishing products,
Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the
use of organic solvents in certain paints and varnishes and vehicle refinishing products and
amending Directive 1999/13/EC, was fully transposed.
During 1 May – 26 June 2006, NEG representatives carried out 163 controls to companies,
which are falling under Directive 1999/13/EC, applying 20 penalties of 160,500 RON (47,200
Euro).
As regards Directive 96/82/CE on the control of major accidents hazards involving dangerous
substances (SEVESO II), during 1 May – 26 June 2006, NEG representatives carried out 72
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controls to companies, which are falling under SEVESO Directive, applying 15 penalties of
236,200 RON (69,500 Euro).
As regards the horizontal legislation, the following legislative acts have been adopted and
published:
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Law no. 265/2006 on approval of the EGO 195/2005 on environmental protection (O.J.
no. 586/06.07.2006);
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GD no. 564/2006 on public participation in elaboration of certain plans and programs
regarding the environment that fully transposes art.1 letter a), art. 2 and Annex 1 of
Directive 2003/35/EC (O.J. no. 406/10.05.2006).
As regards the implementation, during the reference period, the following actions took place:
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The structure of database for environmental information was carried out at national and
local level, according to GD no. 878/2005 on access to environmental information. This
structure was distributed to all ARPMs and EPAs, in order to introduce the existing data
at the regional and local levels.
-
Towards continuing the implementation of Directive 91/692/EEC on standardizing and
rationalizing reports on the implementation of certain Directives relating to the
environment and voluntary reporting to EC by the end of September 2006:
-
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Data concerning waste management are going to be centralized at NEPA level;
-
Data concerning air quality were transmitted by ARPM Bucharest to NEPA for
analysis and compilation;
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Data regarding water quality are going to be transmitted by NARW to NEPA
Sessions of training of the representatives of all ARPMs and EPAs regarding the current
practice at national level regarding the environmental impact assessment and SEA
legislation and implementation were held during June.
During the reference period, NEG representatives carried out 2102 controls to companies
with significant environmental impact, which fall under EIA Directive, applying 255 penalties
of 2,275,510 RON (669,300 Euro).
As regards waste management, in order to implement the Framework Directive 75/442/EEC
on waste management, on 2 June 2006, the revised drafts of the Regional Waste
Management Plans (RWMPs) were submitted to the MEWM. The financial aspects
concerning the established alternatives and scenarios were included in these plans. The
optimum alternatives and scenarios will be selected in September 2006. Meanwhile, the list
with observations for each draft plan was elaborated and sent to ARPM in order to be
finalized. On 19 June 2006, a new working group meeting was held, in order to clarify the
lists observations. Within this meeting, 10 July was set up as deadline for organizing the
meetings with all representatives of the authorities involved in the RWMPs elaboration
process.
As regards Directive 1999/31/EC on landfill of waste, by now, environmental audits level I
and II and risk assessments (as appropriate) have been carried out for all 47 landfills for
dangerous industrial waste, 21 tailing ponds from extractive industry and 23 landfills for nonhazardous waste, for which a transition period was obtained for liquid waste land filling.
Meanwhile, the situation of these environmental audits level I and II and risk assessments is
the following:
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68 out of 76 landfills for non-hazardous waste;
-
40 out of 43 catch pits from extractive oil industry;
-
203 out of 240 landfills for municipal waste.
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NEG representatives carried out 20 controls to companies having dangerous waste landfill
recovery and processing activity with capacities <10t/zi, applying 2 penalties of 3,500 RON
(1,030 Euro).
As regards Directive 2000/76/EC on incineration of waste, the Guide for waste coincineration in cement plants is under endorsement procedure in order to be published on
MEWM and Ministry of Economy and Commerce websites.
By now, out of 114 non-complying installations for thermal treatment of medical waste, which
have to cease their activity by the end of 2006, 31 closed their activity.
NEG representatives carried out 2 controls to incineration and co-incineration facilities,
applying 1 penalty of 30,000 RON (8,800 Euro).
As regards Directive 94/62/EC on packages and packaging waste, amended by Directive
2004/12/CE, in order to achieve the 2005 target: global recycling objective – 23% and global
recovery objective – 30%, the data base for 2005 was filled in with preliminary information
regarding the packaging quantities placed on the market in 2005, packaging waste quantity
generated in 2005, packaging waste collected, recovered and eliminated in 2005. By now,
the data were centralized at regional level and the data compilation at national level is
ongoing.
By the MATRA 03/RM/9/1 project – Packaging and packaging waste recycling and recovery
system, the followings were carried out:
-
PHARE ESC application for carrying out a pilot project concerning the selective collection
of domestic waste in Medias, which is going to be implemented during the next period;
-
Guide for prevention of packaging waste generation, which offers solutions to the
operators for reducing the packaging waste generation and minimizing the
packages/product use.
Within this project, the Guide for municipalities will be additionally carried out, in order to
describe the possibilities to organize and implement the selective waste collection in
Romania.
As regards Regulation (EEC) 259/93 on waste shipment, the draft GD on amending GD no.
228/2004, for including all the waste provided in Annexes II, III and IV of the Regulation
(EEC) 259/2003 and also its provisions concerning the notification submission and
processing, announcement of notification registration, possible objections on waste
shipment, responsibilities for data transmission to Basel Convention Secretariat and
European Commission, waste export was approved within the Government’s meeting from 5
July 2006.
As regards the implementation, during the second quarter of 2006, 112 notifications were
issued, out of which 91 are import notifications and 21 are transit notifications. These
notifications were issued for 160,021.4 tones waste, out of which: 32,641.4 tones imported
waste (23,991 tones used tyre covers, 2,000 tones metals, 3,000 tones paper, 2,700 tones
cigarettes, 900 tones aluminium and 50.4 tones textiles) and 127,380 tones transited waste
(only metals).
As regards Directive 2002/96/EC on waste of electric and electronic equipment (WEEE), in
order to assure the implementation of GD no. 448/2005, a Joint Ministerial Order of MEWM,
MEC and The National Authority for Consumer Protection, regarding the specific marking for
EEE placed on market after 31st of December 2006 is in approval endorsement.
By now, locations for 67 collection points, out of the total number of 80 localities with more
than 20,000 inhabitants, were established.
During April-June 2006, the National Environmental Guard developed a thematic control to
verify the WEEE producers and importers and the public local authorities as regards the
fulfilling of their responsibilities according to the specific legislation. Within this action, 250
controls were made, being applied 7 fines with a total amount of 19,000 RON.
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As regards Directive 2002/95/EC on restriction of the use of certain hazardous substances in
electrical and electronic equipment (EEE) as well as Decision 2005/618/EC which sets up
the maximum value of the admissible concentration for dangerous substances foreseen by
Directive 2002/95/EC, Decision 2005/717/EC and Decision 2005/747/EC, by which the
exceptions list provided in the Annex to the mentioned Directive is extended and modified,
were transposed into the national legislation by GD 816/2006 on amending GD no. 992/2005
on restriction of the use of certain hazardous substances in electrical and electronic
equipment (published in the O.J. no. 588/17.06.2006).
As regards Council Directive 2000/53/EC on end of life vehicles, NEPA updated the
database concerning the end of life vehicles (ELV). Meanwhile, the list of companies which
collect/dismantle ELVs was updated, according to the GD no. 2406/2004 on ELV
management. The list of the units designated for ELV collection is published on MEWM
website. Presently, the following companies are authorized:
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9 collecting units;
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133 collecting/dismantling units
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1 dismantling unit.
The units, which would collect ELVs from the last owner, were established.
For tearing into pieces or fragmenting ELVs, the second shredder of Romania started to work
at Cluj. In the same town, the first mobile drainage system for ELVs devolution for
environmentally sound management in Romania was put into operation.
In order to set-up a ELVs collection network witch covers all over the country, the producers
concluded the first contracts with the units authorized for collecting ELVs. By October 1,
2006, it shall be ensured at least 1 collection point in each county, 1 collection point in each
town with more than 100,000 inhabitants and 3 collection points in Bucharest.
The action of national auto stock renewal was decided to continue in 2006 and in this
respect, EGO no. 38/2006 (O.J. no. 474/01.06.2006) on re-launching in 2006 of the national
auto stock renewal stimulation was adopted. This legal act entered into force on 6th July
2006. The financial amount allocated from the Environmental Fund to this 2006 Program is
49.5 million RON (around Euro 14.14 million) that should assure collecting of 16,500 cars
older than 12 years. 29 authorized producers, distributors and importers performed to the
program. The Program will be finalized by 12 December 2006 and it will has an efficiency
assessment during 1 -15 September 2006.
As regards Regulation 2150/2002 on waste statistics, on 19 June 2006, NEPA sent to all 42
EPAs the statistic questionnaires for all the economic agents. The Report on Data Quality for
2005 is ongoing to be elaborated by the National Institute of Statistics and NEPA.
In the field of water quality, in order to transpose Water Framework Directive 2000/60/EC,
Law no. 112/2006 (OJ no. 413/12.05.2006) amended Law no. 310/2004 amending Water
Law no. 107/1996. This new law set up provisions particularly on the prevention and defence
against floods, strengthening the inspection capacity in water management field, introduction
of penalties for non-compliance with these above-mentioned provisions, increasing the
existing penalties.
At the level of all Water Directorates of NARW, the implementation of the new monitoring
system continued; this system is provided in the Manual for modernizing and development of
the National Integrated Monitoring System for Water Quality in Romania, which approaches
and integrates all the subsystems (rivers, lakes, transitional waters, coastal waters, groundwaters and waste waters), the investigation media (water, sediments/suspended solids,
biota), the monitored elements and parameters (biological, microbiological, physic-chemical
and hydro-morphological elements).
The water quality monitoring system consists of 991 sections for rivers, 181 monitored lakes
(on different sections and depth profiles), 10 sections for transitional waters, 25 sections for
coastal waters and 1372 wells for monitoring of underground water quality. 15 new
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monitoring programs were established, each of them complying with the monitoring
provisions of the Water Framework Directive and the other European directives of water
management field, taking into account the parameters and frequency established by them.
Presently, 123 quality indicators can be monitored, such as: biological (phytoplankton,
microphytobentos, macrophyte, zoobenthos, and fish fauna), bacteriological (total coliforms,
faecal coliforms, faecal streptococci) and physico-chemical: physical indicators, oxygen
regime, nutrients, general ions - salinity, priority/priority hazardous substances (heavy metals
and their compounds, PAHs, PCBs, pesticide organic-chloride pesticides, triazine
pesticides).
The priority/priority dangerous substances monitoring was extended in 2006 and will
continue by endowing with specific equipment of the regional laboratories, in order to
determine the organic chloride solvents, chloride hydrocarbons, organic phosphorous
pesticides, ureic pesticides and other pesticides, phenols, amino and nitro compounds.
Meanwhile, topo-hydrographical measurements were done for determining the hydromorphological characteristics of the watercourses according to the approved Activity
Programs.
The second stage of the screening of priority/priority dangerous substances continued, taking
into account the fresh waters (sections for drinking water abstraction on rivers and lakes),
and also ground-waters was continued.
A first contract of the ISPA project “Modernizing the water supply and waste water sewerage
in Iasi” was finalized. Three modernized pumping stations are operating.
In order to fully transpose Directive 75/440/EEC concerning the quality required of surface
water intended for the abstraction of drinking water, GD no. 567/2006 on modifying the
Quality Norms for surface waters used for drinkable use - NTPA-013 approved by GD no.
100/2002 was adopted (OJ no. 417/15.05.2006).
During the reference period, 202 drinkable abstractions sites were identified all over the
country.
At the hydrographic basins level, the correlation between the surface water quality at the
source in 2005 and the standard technology used in water treatment stations was updated.
As regards Directive 91/271/CEE on urban wastewater treatment, the quarterly Report on
“Works stage for urban waste water treatment, executed and operational capacities in the
agglomerations with 2,000 – 10,000 p.e” was elaborated. This report contains centralized
information at national and county levels, as follows:
-
The connection degree to the collection systems and to the waste water treatment plants
of the population equivalent number in the second quarter of 2006;
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Situation of the sewage system network length in comparison with the necessary one,
according to the Position Paper of Romania, and the finalized, ongoing and promoted
projects for the collection systems;
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the finalized, ongoing and promoted projects for the waste water treatment plants;
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the accessed fund types (internal and external) for the collection systems and waste
water treatment plants.
By now, out of the 2346 agglomerations with 2,000-10,000 p.e. (according to Annex 3 of the
specific Implementation Plan), 254 agglomerations have got collection systems and 189
agglomerations have got waste water treatment plants.
By 30 June 2006, 279 local councils or public services have been authorized, out of them
154 agglomerations being authorized in 2006. Presently, 54 local councils for agglomerations
with 2,000 -10,000 p.e are ongoing to be authorized.
The first version of the Financial Strategy regarding the projects for wastewater infrastructure
for human agglomerations with over 2000 p.e. was elaborated.
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In this strategy, the investment needs have been prioritised considering the commitments
assumed by Romania during the negotiation of the Chapter 22 – Environment. In a first
phase, financing the urban agglomerations with over 150,000 p.e. has been taken into
account. Also, in order to optimise the investments costs and the operational costs, the
priority was given to the integrated projects (water supply and sewage-waste water
treatment). For all 22 urban agglomerations with over 150,000 p.e., representing 9,798,676
p.e. (36.6% from total population equivalent) ISPA projects have been approved and
presently are in different stages of promotion or execution. These projects will be finalized
during 2007 – 2010. For human agglomerations with over 10,000 p.e., 7 ISPA projects have
been launched representing 880,325 p.e. (3.3%)
Through the above mentioned strategy which will be periodically updated (each semester),
the compliance of deadlines and the ensuring of the technical endowments stipulated up to
the end of the specific transition periods will be closely monitored. More details on this
strategy will be submitted to the EC representatives by 15 July 2006.
During 1 May – 26 June 2006, NEG representatives carried out 120 controls at wastewater
treatment plants in agglomerations with more than 2000 p.e. and at the companies
discharging industrial waste water >240 kg CBO5/day discharged in natural receivers,
applying 13 penalties, in a total amount of 124,000 RON (Euro 36,460).
As regards the implementation of Directive 91/676/CEE concerning the water protection
against pollution caused by nitrates from agricultural sources:
-
The geographic electronic system of water and soil in Romania was achieved;
-
At the Water Directorates level, the process of re-identification and cadastral survey of
the surface waters polluted or suspected to be polluted by nitrates from agricultural
sources started, using 2002 – 2005 monitoring data for all the monitored sections of
surface water bodies;
-
The Standard Action Programmes for plain areas, applicable for vulnerable areas of
Calarasi county and for hill and mountain areas of Arges county.
As regards Directive 76/464/CEE and „Daughters” Directives 82/176/CEE, 83/513/CEE,
84/156/CEE, 84/491/CEE si 86/280/CEE, modified by 88/347/CEE si 90/415/CEE on
pollution caused by certain dangerous substances discharged into the aquatic environment
of the Community, GD no. 783/2006 amending Annex 1 of GD no. 351/2005 on approval of
the Program for phased elimination of discharges, emissions and losses of the priority
dangerous substances was adopted (O.J. no. 562/29.06.2006).
During May - June 2006, the monitoring of substances from Lists I and II continued, both in
surface waters and waste waters which contain such substances and are discharged into the
natural receivers and sewage network.
Meanwhile, based on the screening and quantitative analysis carried out in receiver, a part of
the water uses that discharge List I substances was identified. The programs for reduction of
pollution with List II substances in the water receivers and sewage network were updated.
Presently, 442 water uses (companies which discharge List II substances into the natural
receivers and sewage system) are identified and authorized, from water management point
of view. Out of these water uses, for 123 which discharge into the natural receivers and 17
which discharge into the sewage network, the reduction programs for List II substances were
updated, and for the other 302 water uses, the List II substances reduction programs are not
applicable because they have already complied with the legal provisions in force.
During 1 May – 26 June, NEG representatives carried out 51 controls at companies with
activities which falling under this Directive, applying 9 penalties with a total amount of 87,300
RON (Euro 25,700).
As regards the implementation of Directive 80/68/CEE on the protection of groundwater
against pollution caused by certain dangerous substances the inventory of all existing hydrogeological drillings is finalized, together with the identification of the present owners and their
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activity and the screening on the inventory of hydro-geological drillings, possible to be
polluted with List II dangerous substances, is ongoing.
As regards the implementation of Directive 78/659/CEE on the quality of fresh waters
needing protection or improvement in order to support fish life the study „Monitoring of the
physic-chemical parameters to identify the causes for non-compliance with the quality
objectives in Arges-Vedea River Basin” was finalized. Thus, 101 fish designations (10
salmonid designations and 91 cyprinid designations) were monitored and assessed, 24 noncompliance cases (8 for salmonid waters and 16 for cyprinid waters) being recorded, out of
which 11 are due to the natural causes. There are also 5 cases without fish fauna due to
anthropogenic causes and to the existing hydro-morphological alterations (provisional heavily
modified water body, artificial water body). This study was carried out in order to elaborate
the plan of measures for pollution reduction.
In the field of nature protection, the following legislative acts have been adopted:
-
Ministerial Orders of MEWM no. 567, 568, 569, 570, 571/06.06.2006 regarding the
establishment of the Consultative Councils of Maramuresului, Comana, Putna – Vrancea,
Lunca – Muresului Mountains and of Buila Vanturarita National Park;
-
Ministerial Orders of MEWM no. 557, 558, 559, 560, 561, 562, 563, 564, 565,
566/06.06.2006 regarding the establishment of the Scientific Councils and approval of
their Rules on the Organization and Functioning for the Maramuresului, Comana, PutnaVrancea Mountains, Balta Mica a Brailei – wetland of international importance, Apuseni,
Lunca Muresului Natural Parks and for Macinului Mountains, Rodnei Mountains –
Biosphere Reserve, Calimani and Piatra Craiului National Parks.
As regards the implementation of Natura 2000 Network an interface that allows the online
downloading to the database of the sites limits (as shape files or image format) was designed
and already 296 site limits were recorded in the database: for 109 Special Protection Areas
(SPAs) and 187 proposed Sites of Community Interest (pSCIs). Moreover, the interface that
allows the standardization of these limits was developed.
The information presently comprised in the standard Natura 2000 forms component of the
database is presented in the next table (comparatively for February, May and June 2006):
Information type / Period
Number of SPAs currently in database
Number of pSCIs currently in database
Number of records on habitats
Number of records on birds (annex I BD)
Number of records on mammals (annex II HD)
No. of records on amphibians/reptiles (annex II )
Number of records on fishes (annex II HD)
Number of records on invertebrates (annex II HD)
Number of records on plants (annex II HD)
Number of records on other species
Number of currently registered users
Number of recordings on “other informations” on sites
(ownership
situation,
vulnerability,
characteristics,
management)
February
135
181
286
12.558
208
142
124
164
181
4.263
192
-
May
147
229
1177
17.185
704
431
347
420
362
9318
251
2183
June
200
314
1399
18141
829
206
498
506
443
10303
320
2712
NEPA has finalized the Methodology on the public awareness on the implementation of the
“Natura 2000 European Ecological Network”.
During 12-13 July 2006 the meeting of the Coordination Group of Natura 2000 for both its
components was organized: the Scientific Group and the Working Group on public
awareness and participation. The filling-up level of the database on standard data forms was
assessed, the methodology on organizing the public debates for designation of the future
Natura 2000 sites and the communication strategy on the implementation of Natura 2000
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network were adopted and recommendations on ensuring compensatory payments were
given.
In order to fully transpose the 92/43/EEC Directive (“Habitats”), a proposal for amending the
Law 462/2001 on the protected natural areas regime, conservation of natural habitats, wild
fauna and flora, was approved by the Parliament and was forwarded to the President for
promulgation.
On 30 June 2006 the LIFE03 NAT/RO/000026 Project “Participatory management of Măcin
Mountains protected areas” (total cost: Euro 600,000, LIFE contribution: Euro 300,000) was
finalized. Presently, there are ongoing 10 LIFE-Natura projects
The training process for ARPMs and EPAs personnel regarding the planning of the
implementation measures for 2006 for proposed SPAs and SCIs, as well as for the special
measures of conservation for the birds species listed and for the migratory birds species not
listed in Annex I of the Birds Directive was continued.
MEWM launched in June 2006 a tender for a public awareness campaign on the importance
of nature protection and on the involvement of local communities in the process. On 24 June
2006, a meeting between MEWM and NGOs representatives took place, in order to present
the situation of NATURA 2000 sites designation and to establish joint measures for
increasing the process efficiency.
During 1May – 26 June 2006, NEG representatives carried out 370 controls, in the field of
the natural habitats, biodiversity and protected areas, applying 130 penalties with a total
value of 625,900 RON (around Euro 173,861). 5 warnings and one penal intimation were
applied.
As regards the enforcement activity of the National Environmental Guard (NEG), during
1 May – 26 June 2006, the control activity of NEG was the following:
-
Total number of controls – 7706, out of which:
-
-
7336 controls in environmental protection field:
-
2829 planned controls to the significant impact objectives;
-
4507 unplanned controls (inspections made as a result of a complain, accidental
pollution, thematic controls, inspections for certifying the conformation with the
imposed provisions through regulating acts for drafts and new activities);
370 controls in the field of natural habitats, biodiversity and natural protected area;
Number of contraventional sanctions applied – 1737
-
Number of fines – 1362
-
Number of warnings – 340
-
Number of shutting down activities – 27
-
Number of dispositions on environmental agreements/permits suspensions– 8
-
Number of summons for ceasing the activity – 5
-
Number of penal intimations – 5
-
The value of contraventional sanctions applied – 9,839,960 RON (Euro 2,894,000)
As regards the planned controls, during the mentioned above period, 2,829 controls at the
2,516 economic agents were developed, being applied 349 contraventional fines in total
value of 3,382,310 RON (Euro 994,800).
The Environmental Fund was regulated by a new legal act: Law no. 105/2006 for approval
of EGO no. 196/2005 on Environmental Fund. EGO no. 196/2005 repeals the Law no.
73/2000 with further amendments.
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Starting from its setting-up (2002) and until 19 June 2006, the total revenues at the
Environmental Fund are about 410 millions RON (around Euro 117 millions). Between
January 2006 - 19 June 2006, the total collected revenues at the Environmental Fund were
around 83 millions RON, and during 1 May – 19 June 2006, 23.26 millions RON.
The value of the debits determined are in a total amount of 21 millions RON, out of which 14
millions RON were recuperated.
During 1 May – 15 June 2006, 2 projects on public education and awareness on
environmental protection (total value 13,842 RON) were financed and implemented as well
as 2 projects on works to eliminate the effects of floods (total value 28 millions RON).
Presently, 33 projects on the following sectors: nature protection, wastewater treatment,
waste management, works to prevent, eliminate and diminishing effects of floods, public
education and awareness on environmental protection are ongoing to be financed (total
value: 42.8 millions RON).
At the same time, 50 projects (total value: 61 millions RON) have been approved by the
EFA’s Steering Committee in order to be financed from the Environmental Fund in the next
period in the following sectors: waste water treatment, industrial pollution control, natural
resources protection, waste management, biodiversity, public education and awareness.
Preparation of the portfolio of projects for POS Environment is a constant priority of the
Management Authority for POS Environment. The projects are prepared with the support of
the pre-accession instruments (ISPA and PHARE) or other financing sources (external
credits).
In order to assure a complete and correct dissemination of information on environment and
on promoting the projects, which will be financed from Community funds, as well as to
receive support for organizing specific events (seminars, workshops, debates, etc), the
Ministry of Environment and Water Management launched in June the tendering procedure
for consultancy on communication projects. The estimated value is 120,000 RON (around
33,300 Euro).
At the same time, on 24 June 2006, a meeting between the representatives of the MEWM
and relevant NGOs from Romania took place in order to assure a higher transparency of the
legislative process and correct information on this. During the meeting, a presentation of the
list of projects preparation stage and the last developments of the Sectoral Operational
Programme for Environment for 2007-2013 were made.
As regards the Roşia Montană Project, the following progress has been registered:
-
MEWM drafted the Guide regarding the environmental impact assessment on Roşia
Montană Project, that was sent to the project owner, the Focal Point of the Hungarian
Delegation to the ESPOO Convention and to the Ministry of Environment and Water from
Hungary;
-
On May 15, 2006, the project owner submitted to MEWM the Report on the
environmental impact assessment for Roşia Montană project;
-
Public debates are ongoing during 24.07.2006 and 25.08.2006 in different cities in
Romania;
-
MEWM published the announcement for public debates in the following daily
newspapers: “Adevarul”, “Romania Libera” and “Evenimentul Zilei”, posted the impact
assessment on its web site in Romanian and English;
-
The Report on the environmental impact assessment can be consulted on the web page
of the MEWM (in Romanian and English), of the project owner, of NEPA, of ARPM Sibiu,
ARPM Cluj, EPA Alba, EPA Hunedoara and EPA Arad;
-
The Report on the environmental impact assessment is available to the public at
Bucharest City Hall, Academy of Economical Studies book-shop, Academic book-shop,
Central University book-shop, National book-shop;
136
-
Observations and comments will be received at the headquarters of MEWM until
25.08.2006;
-
The structure of the Independent International Expert group that must analyse the Report
was set up in common with the Hungarian part. The Independent International Expert
Group is set up of Romanian expert, Hungarian experts and EU expert and its opinion is
consultative.
As regards the closing of pollution sources in Baia Mare, the situation is a follows:
-
SC TRANSGOLS SA is under bankruptcy procedure and has ceased its activity of
mineral exploitation;
-
SC CUPROM SA has an IPPC permit with a monitoring schedule;
-
SC ROMPLUMB SA is included in a special program of continuous monitoring in
conformity with MO no. 701/06.07.2006.
2.3.15. Chapter 24 – Cooperation in the Field of Justice and Home
Affairs
The preparations for the implementation of the Schengen acquis and the management
of the future external border continued. The Schengen Action Plan (PAS) was revised and
approved by the Romanian Government on 24 May 2006. The Schengen Action Plan 2006
represents the revised version of the Schengen Action Plan, presented by the Romanian
authorities in 2005. This revision was made for the purpose of updating the information
regarding the status of acquis implementation and was determined by the legal, institutional
and operational progress in the field of the Schengen Action Plan.
The Schengen Action Plan 2006 contains clear references to the acquis that was fully
accepted by Romania. Every section indicates the relevant Schengen acquis, presents the
current status, as well as the legal, institutional, and administrative-technical measures
necessary for adopting and implementing the acquis. A schedule with precise deadlines is
presented for the measures foreseen. It also indicates the institutions responsible for the
implementation of these measures.
On 5 July 2006 the Government decided on the set-up of the Schengen National selfEvaluation Commission (GD no. 882/2006, OJ no. 608/13.07.2006). The Commission will
monitor, coordinate and promote the policies and actions of national authorities in the field of
implementing the Schengen acquis. The Commission is made up of representatives of all
public institutions involved, the President of the Evaluation Commission is the Minister of
Administration and Interior. The implementation of the commitments assumed in the 2006
PAS, having 2006 as deadline started and continues in an accelerated pace. Thus:
a). Signing the Agreement between Romania and Bulgaria regarding the state border regime
On 14 April 2006, the text of the Agreement was initialled in Ruse during the third round of
negotiations at expert level. Steps are currently being taken in order to sign the Agreement.
b). Adapting the internal legislation in order to harmonize it with the provisions of the EC and
EP Regulation no. 562/2006 of 15 March 2006, regarding the establishment of a Community
Code on the rules governing the movement of persons across borders (Schengen Borders
Code) and annexes.
Romania acknowledged the adoption of Regulation no. 562/2006 of 15 March 2006
regarding the establishment of the Schengen Border Code. An evaluation process started at
the MAI level of the implications of the adoption of the new Regulation into the national
legislation. Also, the Schengen Code was transmitted to the territorial structures of the IGPF
for analysis and for the familiarising the staff with its provisions. Measures were foreseen for
introducing the normative act into the national legislation and its subsequent implementation.
c). Introducing the single entry/exit stamp format and colour ink type used by the Schengen
member states to mark entry/exit at the border crossing points.
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The Forensic Service within the Border Police made up the prototype of a new model of
Romanian traffic stamp, in compliance with the 2006 security level, with the recommendation
that this stamp be used until the manufacturing of new traffic stamps, in compliance with EU
standards.
d). Refurbishing of border crossing points at the future external border, in compliance with
the provisions of the Schengen Catalogue and to the Single Multiannual Investment Plan for
Border security
On the basis of Phare programme 2003, 10 spectrographs for drugs and explosive
identification and 19 drug detection sets were contracted and are to be delivered to the IGPF
and used at the border crossing points.
161 lamps for document check were purchased for the Control level I in border crossing
points (Phare funds). The lamps work in white light, conducted white light, transparent white
light, ultraviolet light and have an 8x zoom device.
To insure Control level II in border crossing points, the following points were endowed with
spectral video comparative devices (purchased with Phare funds):
-
PTF’s at the future EU external border: Vicsani – railway – border with Ukraine; Siret –
road – border with Ukraine; Stanca-Costesti – road – border with Moldova; Sculeni – road
– border with Moldova; Nicolina Iasi – railway – border with Moldova; Albita – road –
border with Moldova; Oancea – road – border with Moldova; Galati – road and railway –
border with Moldova; Stamora Moravita – road and railway – border with Serbia; Naidas
– road – border with Serbia; Portile de Fier I – road – border with Serbia;
-
PTF’s with operative (existing or expected) forgery problems: Cenad – road – border with
Hungary; Giurgiu – road – border with Bulgaria;
-
Airport PTF’s considered as external border: Bucharest Baneasa „Aurel Vlaicu” – airport;
Timisoara – airport; M. Kogalniceanu – Constanta – airport; Sibiu – airport; Cluj Napoca
– airport; Targu-Mures – airport.
Refurbishment of PTF Stanca Costesti – the tender for designing the project was allotted, the
feasibility study is under work, the technical-economic indicators and the other designing
phases are pending approval, following which the tender for designating the entrepreneur will
be organized.
Refurbishment of PTF Oancea – the tender for choosing the entrepreneur is ongoing, the
contract following to be signed and the execution of the works to start.
Orsova Customs Headquarters – the place of the edifice was changed, thus the feasibility
study is to be adapted to the new location and the technical-economical indicators are to be
approved.
e). Refurbishing of the Border Police infrastructure (buildings) according to the Schengen
standards, according to the Single Multiannual Investment Plan
The fitting out and endowment of the technical rooms of the IT backup system started. For
the refurbishment of the training infrastructure, the restoration of pavilions 2 and 3 of Drobeta
Turnu Severin location of the Orsova training school are ongoing. The technical projects for
the rehabilitation of Giurgiu training school, Constanta training school, Oradea training
school, Orsova training school are under execution. Also, feasibility studies were approved
for the construction of new headquarters at IJPF Braila and SPF Bivolari, the technical
expertise for Orsova school was prepared, and the final reception of the thermal station SPF
Chirnogi took place. Also, the following were completed: the work at the thermal station of
IJPF Vaslui, the built-up of the framework of the administrative pavilion of IJPF Teleorman,
the thermal stations of pavilions 2 and 3 of Drobeta Turnu Severin location of Orsova training
school and the restoration of the administrative pavilion of SPF Stanca – IJPF Botosani.
f). Finding the technical solutions for the functioning of the passenger information system in
airports.
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The draft law on the obligation of transporters to communicate passenger data was drafted
and is following the usual internal consultation procedure. The technical aspects regarding
the secured transmission of information, as well as the format of the data to be made
available to the Border Police by air transporters operating in Romania will be established
after the finalization of the draft law, the approval by the Romanian Government and the
signing of cooperation protocols between the IGPF and the air transporters operating in
Romania.
g). Completing the technical and organisational solutions for the separation of passenger
flows according to citizenship (EU/EEA citizens, other passengers)
Arrangements were made in all international airports in order to separate passengers
according to citizenship (EU/EEA and non EU/EEA) before the control desks of Border
police. Before the end of 2006, passenger flows will be separated according to the provisions
of Annex II of the Schengen Code, respectively EU/EEA+CH and other passports.
Airports identified the necessary measures in order to adapt airport infrastructure, and
computed the financial estimations (approx 15.7 million Euro). Mihail Kogalniceanu
International Airport – Constanta is presently carrying out the works for completing the
investment objective (2006-2007) regarding the update of passenger flows and adaptation to
Schengen requests. Henri Coanda International Airport – Bucuresti is supporting from its
own resources the financing of the adjustments required by the transition to Schengen.
h). Intensifying the cooperation and data exchange with other Schengen Member States by
developing bilateral legislative frameworks and participating or initiating common law
enforcement actions
During 27 April – 6 May 2006, at the border between Romania and Hungary, within the
ARGO Program – Border Castle Program, common actions were unrolled aiming at detecting
illegal migrants, both at the border and inside Hungarian territory. On 26 May 2006, the
Agreement between Romania and Italy on the transfer of convicted persons expelled or
escorted to border, signed in Rome on 13 September 2003 and ratified by Romania through
Law no. 83/2006 entered into force.
i). Reorganising the custom bureaus inside the country according to the provisions of the EU
Custom Code applicable in regard to Romania’s new status as member state and the
preparation for redeployment of staff both to the custom bureaus at the future external
borders as well as to custom surveillance and internal control bureaus inside the country.
Revising the tactical approach of custom control, in order to strengthen the mobile capacity
of surveillance and control
By order of the vice-president of the National Agency for Tax Administration, the Commission
for analysing the reorganisation of customs activity after EU accession was set up, with the
task of reorganising the custom bureaus within the country according to the provisions of EU
Custom Code and redeploying the staff to the custom bureaus at the future external borders,
and to the custom bureaus inside the country having the duty of surveillance and internal
control. The reorganisation and revision of the tactical approach to custom control for
strengthening the mobile capacity of surveillance and control will be finalised before 15
August 2006.
j). Setting up 2 other territorial labs of drugs analysis in Timisoara and Constanta
Locations have been allotted for both labs, which will be properly arranged.
k). Adopting the GO for the approval of methodological norms for applying the provisions of
art. 114-126 of Law no. 295/2004 regarding weapons and ammunitions
On 30 May 2006, the first draft for the approval of methodological norms for applying the
provisions of art. 114-126 of Law no. 295/2004 was finalised. The conformity chart and the
English version of the draft have been submitted to the European Commission.
l). Drafting an order of ministry of administration and interior, which transposes the provisions
of Sch/Com-ex (99) 10-28.04.1999- Illegal Trade in Arms.
139
A chart will be drafted containing the statistic indicators required by the Schengen Decision.
m). Drafting the legal framework regarding the international police cooperation, which will
take over, among other things, the communitarian provisions regarding the police
cooperation inside the Schengen area (art. 7, 39, 40, 41, 46, 47, 92-119 and 125, modified
by the Council Decision no. 2000/586/JHA, Council Decision 2003/725/JHA, Regulation
871/2004, Council Decision 2005/211/JHA, Regulation 1160/2005)
The draft Law on international police cooperation is to be finalised.
n). Endowing with modern equipment, with computers the 15 Courts of Appeal, according to
the Strategy for Legal Reform and to the implementation plan of this strategy
All courts inside the country have been endowed with IT equipments, software and relevant
services, totalling 18.5 million Euro. IT equipments have also been acquired for the Public
Ministry. All equipments have been delivered to their intended recipient during the first
quarter of 2006.
o). Implementing a pilot project of the system for issuing and administering new passports
containing biometric data
On 14 June 2006 the documentation for drafting and presenting the tendering offer for
purchasing the Information System for Issuing, Releasing and Recording of Electronic
Passports was approved and sent to Regie Autonome for Public Property Administration.
During the reference period a series of normative acts relevant to border management have
been adopted, as follows:
-
EGO no. 29/2006 (OJ no. 337/14.04.2006) for modification of article 1 of EGO no.
144/2001, on the compliance by the Romanian citizens, upon their exit from the country,
with the terms of entry on the territory of MS of the European Union and of other states.
-
GD no. 475/2006 (OJ no. 337/14.04.2006) on establishment of the minimum amount in
foreign currency to be held by a Romanian citizen upon exit from the country, whenever
travelling to the MS of the European Union or to other states for which entry visas are not
required, as well as the modality to demonstrate its possession.
-
GD no. 263/2006 (OJ no. 356/20.04.2006) on endorsement of the Protocol of the 5th
Session of the proxies, signed in Baia Mare on 23 December 2005, for the enforcement
of the Agreement between the Government of Romania and the Government of Ukraine
on the cooperation in the field of border waters management, signed in Galati, on 30
September 1997.
-
GD no. 548/2006 (OJ no. 397/09.05.2006) on endorsement of the Action Plan for 2006
implementing the National Strategy on Immigration.
-
Law no. 191/2006 (OJ no. 441/22.05.2006) on endorsement of GD no. 5/2006 on the
modification and completion of Law no. 248/2005 on the Regime of free movement of
Romanian Citizens Abroad.
-
Law 235/09.06.2006 (OJ no. 519/15.06.2006) ratifying the Treaty between Romania and
the Republic of Hungary on the state border regime, cooperation and mutual assistance,
signed in Bucharest on 20 October 2005.
The Strategy regarding the combating of false documents and visas during 1 January 2006 –
1 January 2007 and after accession (1 January 2007 – 31 December 2009) was approved.
On 9 May 2006, the Directorate for the Control of Illegal Immigration elaborated the standard
operational procedures on the prevention and combating trafficking in migrants, which
contains information regarding the modalities of action of immigrants, their places and means
of actions, as well as the types of measures taken by the workers of the Romanian Border
Police in cases of trafficking in immigrants.
The implementation of the IT back-up subsystem has begun in the established locations, on
the basis of the Final IT Back-up Report. Measures were taken for the visa on-line system to
140
be installed in more than 200 IGPF locations, were the IT Back-up system is implemented. In
82 border crossing points it will be possible to print visa stickers as provided by the law.
The technical rooms where the IT&C devices of the IT Back-up System will be installed, were
arranged according to the technical specifications handed by EADS (antistatic floor, air
conditioning, metallic door, etc.). 5 communication connections of a 34 MBPS capacity were
provided in cooperation with the Special Telecommunication Service. The rental procedures
for the communication services of the IT Back-up Subsystem started with the main providers
of these services.
The on-line IT system will be implemented beginning with 2007 on the basis of the IT
technical project, as part of a pilot project in IGPF locations, „Henri Coanda” Airport –
Otopeni, “Aurel Vlaicu” Airport – Baneasa and the counties of Iasi, Vaslui, and Galati. At the
moment, EADS unrolls an operational analysis with the IGPF final user and is drafting the IT
Technical Projects documents.
Following an analysis made by Romanian specialists, the Technical Project for the control
subsystem was rejected on 2 June 2006, and the Project for the surveillance subsystem on 9
June 2006. Both are to be redrafted by EADS, within 30 days since return, in accordance
with the contractual stipulations.
The modernizing of the equipment and infrastructure at the green, blue border, as well as at
the border crossing points continued as follows:
-
10 specialized trailers for the transportation of watercrafts have been received and
handed over to territorial structures
-
125 automobiles DACIA LOGAN, necessary to the operative work, have been acquired
by the General Inspectorate of the Romanian Police through financial leasing and
assigned to all territorial structures of the Ministry of Administration and Interior;
-
The containers for the technical and operational chambers required for the
implementation of the IT Back-up system are to be purchased;
-
The donation contract for 6 kits for density measurement type Buster K910B and 10
pagers for radiation detection, offered as a donation by the Embassy of the United
States, is being finalized;
-
The acquisition of computers and other IT equipments has been completed. A decision
by the evaluation commission is to be taken vis-à-vis the contract assignment;
-
Funds have been allotted for the continuation of the investment works at the
headquarters of Poienile de sub Munte Border Police Sector;
-
The investment in the ‘thermal station on liquid fuel' at Stanca Border Police Sector was
completed;
-
The investment in the fuel station at the premises of Suceava County Border Police
Inspectorate, as well as the investment “headquarters of Tulcea County Border Police
Inspectorate” are ongoing.
The technical specifications for the acquisition of naval mobility means (vessels and mooring
bridges with cabins), within the framework of PHARE 2005, have been finalized. The
document regarding the operational requirements, the destination, the main technical
characteristics, the special equipping and the norms of construction of the surveillance
maritime ship to be acquired through PHARE 2006 has been drafted. On 26 May 2006, the
System for traffic management on the Danube (VTMIS) was inaugurated at the headquarters
of Drobeta Turnu Severin harbour master’s office. Also, on 30 June 2006, the 3 ships P-157
purchased from the German Federal Ministry of Interior were put to service.
The risk analysis bureaus at local level have started to carry out case analyses, drawing up
analysis reports and relational maps. During May, the Methodology regarding the
organization and performance of the activities specific to risk analysis preparation has been
transmitted to the local level.
141
Within the twinning project “Intensifying the participation of the Customs Office in the
integrated border management system and aligning the implementation of the simplified
customs procedures with European standards”, a Joint Order was signed by the Head of the
National Customs Authority and the General Inspector of the Romanian Border Police on the
endorsement of the regulations of organization and working of the Joint Risk Analysis Team
Customs - Border Police, customs office Albita - pilot station.
The contract regarding the extension of the system of voice-data integrated communication
of the Border Police for Botosani and Suceava counties, through project PHARE RO
2003/005-551.04.12 - B1 – “Extension of the communication system along the Eastern and
Northern Borders” (project in course of implementation) was signed with SIEMENS A.G.
Austria. The meeting of the appraisal committee for the project “Extension of the voice-data
communication system of the Border Police in Maramures, Satu Mare, Timis, Caras Severin,
Mehedinti counties“ PHARE 2004 - RO 2004/016-772.03.04.02/B1 took place. The contract
will be signed and the project implemented.
Referring to the mobile communications system, the tender dossier for the implementation of
project 2004/016-772.03.04/02.B2 “Drafting and implementing the mobile communications
system of the Romanian Border Police” was published.
The implementation of the Integrated System for Control and Surveillance at the Black Sea SCOMAR follows the established timetable. The procurement procedure for the first phase of
SCOMAR, under PHARE 2003 – Setting up the infrastructure of the voice-date
communication (along the Black Sea coast) has taken place already. The contract was
signed with SELEX IT Company. Also, the tender dossier and the terms of reference for
contracting the second phase of SCOMAR, under PHARE 2004 were drafted and sent to EC
Delegation for approval.
Regarding the participation in SIS II, the Plan Implementing the National IT System for Alerts
was approved by GD no. 769/2006 (OJ no. 536/21.06.2006).
At present, the filling with personnel at the future EU external border is 100%. Thus, the
commitment assumed by Romania in regard to filling in completely the vacant positions at
the future EU external border was achieved. The situation of filling in the vacancies during 1
May – 30 June 2006 is the following:
STRUCTURE
OFFICERS
AGENTS
Border Police
75
191
CONTRACTUAL
PERSONNEL
309
TOTAL
575
Training of border police personnel:
ID
Course denomination
Starting date
Closure date
1.
Course on combating trafficking in
human beings UNICRI
Course on trainers for transactional
analysis staff
Course of German language for highranking officers
Course on the control of illegal
immigration
Course on the management of training
activity
Implementing the methodology
regarding documentary fraud
Course on combating trafficking in
stolen cars
01.05.2006
15.05.2006
Number of
attendants
2
02.05.2006
05.05.2006
15
07.05.2006
20.05.2006
1
08.05.2006
12.05.2006
26
15.05.2006
19.05.2006
26
22.05.2006
27.05.2006
10
19.06.2006
22.06.2006
27
2.
3.
4.
5.
6.
7.
142
In the field of internal cooperation, on the basis of the Protocol concluded between the
General Border Police Inspectorate and the Romanian National Council for Refugees, signed
on 20 March 2006, in May and June 2006 2 documentation missions took place at the border
crossing points at the Border Police Directorate Radauti and Iasi, respectively. The purpose
was to familiarize border police officers with the stipulations of the new law on Refugees in
Romania and to explain the duties of the Romanian Border Police in the field of asylum.
During the 1 May - 25 June 2006, at the level of the Department for Trans-border Crime
Control a number of 8 actions were organized, out of which 3 were independent and 5 in
cooperation with the Romanian General Police Inspectorate, the National Customs Authority,
the Financial Guard and the National Agency for Fishing and Aquaculture.
Also, on 31 May 2006 a meeting of the GIRMIFS took place. The following documents were
presented and adopted:
-
The 2005 Annual Implementation Report of the 2005-2009 National Strategy for
integrated border management
-
The Status of implementation of the commitments assumed in the 2005-2009 National
Strategy Action Plan
-
The modification and amendment to the Regulation on the organization and functioning
of GIRMIFS
In respect to international cooperation, the temporary mission of some officers within the
Ministry of Administration and Interior (IGPF) at the French-Spanish border has been
resumed for a period of 3 months, beginning with 15 June 2006. Starting with 1 June 2006,
two officers of the Border police started the mission at Austrian-Hungarian border
(Nickelsdorf). During 21-24 June 2006, one Romanian expert participated in Tbilisi –
Georgia, to prepare the meeting of the Commanders of the Coast Guard and Border Police
from the Black Sea.
Regarding the cooperation with the Republic of Hungary, on 30 June 2006 took place the 7th
Session of the Managing Council of the European Agency for the Management of External
Borders of the European Union (FRONTEX) in Siofok, Hungary and during 30 May - 2 June
2006, the 14th International Conference of Border Police Departments took place also in
Siofok, both meetings were attended by representatives of the Romanian Border Police.
In respect to the cooperation with Bulgaria, representatives of the Romanian Border Police
participated to bilateral consultations regarding the construction of the bridge over the
Danube, Calafat - Vidin. During 13-16 June 2006 took place in Sofia the first meeting of the
Joint Romanian - Bulgarian Commission for the Protection, Maintenance and Reconstruction
of the borderline and of the border signs in the land sector, with a view to establishing the
works to be performed in this field in the course of 2006.
In respect with the cooperation with Ukraine, the works within the Romanian – Ukrainian
Joint Committee are ongoing, both at central level and at the level of the working groups. The
activities provided within the Romanian – Ukrainian cooperation plan for 2006 are ongoing.
In respect to the cooperation with the Republic of Moldova, a second round of negotiations
took place in Bucharest on 12-13 May 2006, concerning the conclusion between the
Government of Romania and the Government of the Republic of Moldova of a Treaty on the
state border legal regime, cooperation and mutual assistance in border issues.
On 20 June 2006 took place in Iasi, a working meeting of the leaders of the operative
structures within the border authorities of Romania and Moldova. As a result, The
Cooperation Plan on the coordination of the efforts of the operative structures for preventing
and combating illegal activities in the interest of providing the security of the common state
border was signed. This activity took place according to the provisions of the point no. 6 of
the Romanian – Moldovan Action plan for 2006.
143
In regard to the cooperation with Serbia, on 9 May 2006, a meeting took place in PTF
Stamora Moravita at the level of technical experts of the Joint Committee for the
reconstitution and marking of the state border line between Romania and Serbia.
As regards cooperation with Austria, on the basis of the Romanian – Austrian Action Plan in
the field of Internal Affairs for 2005 – 2006, during 08-12.05.2006 took place in Bucharest a
seminar on “Combating the cross-border criminality - combating the illegal migration”, and
during 19 – 23.06.2006, took place in Bucharest a seminar on „Combating trafficking in
stolen cars”. During 28-30 June 2006, the Conference of FRONTEX Training Coordinators
took place at the Principal Training canter in Traiskirchen (TCP) Austria, with the participation
of IGPF representatives.
The monthly operative, concerted actions continued both at the Austrian Hungarian border,
at CBCP Nickelsdorf/Hegyshalom and Heiligenkreuz/Rabafüzes, as well as at the border
between Romania and Hungary CBCP Bors/Ártand, CBCP Nadlac/Nagylak and CBCP
Petea/Csengersima, according to the practice developed in the frame of Trilateral RomaniaAustria-Hungary.
Regarding the cooperation with the Netherlands, during the reference period, officers from
the Service for Combating Trafficking in Forbidden Substances had working meetings on the
cooperation cases with the Dutch, English and Spanish liaison officers, DEA officers, as well
as with the representatives of ANV, IGPR (DGCCO). During 7-8 June 2006, the IGPF
officers took part in a meeting with the representatives of the institutions involved in
combating trafficking in drugs, organized within the MATRA project. Also, during 19-20 June
2006 a meeting took place, with the representatives of the border authority in Netherlands, in
order to develop a joint control and analysis program concerning the passengers’ flights
(Baneasa – Maastricht) having a high-risk potential.
Annex 10 presents the operative results of the Romanian Border Police during 1 May 2006 –
25 June 2006.
Significant progresses have been recorded in the field of police cooperation and
combating organised crime. The present number of filled in officer positions at the
Romanian Police level is of 11,031 (84 %) and 36,834 (91 %) for agents. The situation of
filling in the vacancies during 1 May – 30 June 2006 is the following:
01.05.2006-30.06.2006
Structures
OFFICERS
AGENTS
27
15
44
55
IGPR
IGJR *)
MABC/
Undercontract
Personel
158
TOTAL
71
228
Note: *) This figure includes the filled in position resulted as a consequence of transforming military
positions in agent under contract positions and as a consequence of eliminating the mandatory military
service.
Initial training for personnel hired from external sources during the period 1 May – 30 June
2006: *)
Categories
of
personnel/
Structures
IGPR
IGJR
01.05.2006-30.06.2006
Officers
Finalised
Training
15
Agents
On
going
training
50
-
Finalised
Training
Ongoing
training
494
788
499
-
MABC/ Personnel TOTAL
under contract
Finalised
On
Training
going
training
1043
803
Note: *) the figures also include the personnel hired before the reference period.
144
Regarding the supplementary training for officers and agents already hired, locations were
identified during June in every county for launching the e-learning distance program.
During May 2006, the police officers from the structures specialised in combating organized
crime unveiled, under the supervision of competent structures from the General Prosecutor
Office a number of 1187 crimes: 595 crimes in the field of organized crime, 332 drug-related
crimes and 260 crimes from the category of high economic and financial criminality. 733
persons were investigated as follows: 376 persons for organized crime allegations, 239
persons for drug-related allegations and 118 persons for high economic and financial
criminality. 154 persons were detained/arrested, as follows: 65 persons in the field of
organized crime, 73 persons for drug-related issues and 16 persons for high economic and
financial criminality.
In the field of trafficking in human beings, trafficking in migrants and illegal migration, in order
to improve the inter-institutional coordination, the drafts of the 2006-2010 National Strategy
against Trafficking in Human Beings and of the 2006-2007 National Plan for implementing
the Strategy were finalized. They have been subsequently posted for public consultation on
the website of the Ministry of Administration and Interior, www.mai.gov.ro and on the web
site of the nongovernmental organizations involved in the field of preventing trafficking in
human beings and providing assistance to its victims, www.antitrafic.ro. The final versions of
the two drafts were analysed during the Interministerial Working Group, from 3 July 2006.
The both drafts will be sent for endorsement to the involved institutions and will be adopted
through a Government Decision no later than August 2006.
From the casuistry perspective, 45 cases involving 91 traffickers, of which 15 were arrested,
were recorded during May. Out of the 91 traffickers, 61 were men, 16 women and 14 minors.
36 crimes of illegal migrants smuggling were recorded during May 2006, 45 persons being
under investigation, 2 of which are arrested.
Within the SENS project, the National Agency for Preventing the Trafficking in Human Beings
and Monitoring the Assistance provided to the Victims of the Trafficking in Human Beings in
partnership with the AIDRom organization initiated and developed a regional campaign for
preventing the trafficking in human beings during the Football World Cup, Germany 2006.
The campaign consisted in training of the officers from the border points and dissemination
of the materials at the cross border points with arrival from and departure to Germany as well
as in the Henri Coanda and Aurel Vlaicu airports. These materials, entitled “Human beings
are not for passage” (“Cu fiintele umane nu se paseaza”) inform the potential victims of
human beings trafficking as well as of the telephone number they can call in special
situations (08000111777). Eight languages are used for answering to this line, including
Romanian. 1500 pieces of informative-preventive materials were also disseminated in the
cross border points and 800 in Henri Coanda and Aurel Vlaicu airports.
For data regarding the assistance provided to the victims of human being trafficking please
see Political Criteria section trafficking in human beings.
As regards fight against countering currency and travellers’ cheques counterfeiting, in May
2006 180 crimes were recorded, 84 persons were investigated and 5 persons were arrested.
Regarding fight against international trafficking in stolen vehicles, in May 2006 64 crimes
were recorded, 17 persons were investigated and 1 person was arrested.
As regards the fight against trafficking in strategic materials 9 crimes were recorded and 7
persons were investigated in May 2006.
In the same period of time, 127 crimes have been recorder in the area of IT criminality, 84
persons have been investigated, out of them 11 are arrested.
In May 2006, in the area of fighting macro economic criminality, 260 crimes have been
recorded out of which 40 in the area of money laundering, 112 in the area of fiscal fraud and
108 in the area of economic-financial organized crimes. 118 persons have been investigated
out of which 27 in the area of money laundering, 50 in the area of fiscal fraud and 41 in the
145
area of economic-financial organized crimes. 16 persons are under arrest out of which 6 in
the area of money laundering, 7 in the area of fiscal fraud and 3 in the area of economicfinancial organized crimes.
As regards information analysis at the DGCCO level, in May 2006 225 informative reports
have been processed, 5 tactical and operational analysis reports have been written and 85
relational maps have been completed in the CAMAS application. These informative
packages have been forwarded to DIICOT prosecutors, via case officers. In May 2006 the
TRIDENT ROMANIA PROJECT staff has completed and forwarded to DIICOT a total of 10
analytical packages and 18 relational maps.
As regards flagranto delicti actions, in May 2006, the responsible unit carried out 5 actions 4
in drug trafficking and use fields and 1 in organized crime field. Out of these actions, 3 have
been carried out in Bucharest and 2 in other areas. In order to be carried out under optimal
conditions, the personnel carried out investigation and surveillance activities.
Regarding the operative surveillance and investigations, an officer specialized in IT was hired
within the Directorate for Operative Surveillance and Investigations. Also, the training of 30
policemen hired from external source within the Services for Operative Surveillance and
Investigation Craiova, Galati and Timisoara was carried on, during 108 days initiating career
course (specialisation-operative surveillance and investigations) organised in modular
system in the MAI Centre for Post Graduated Studies. Currently, these officers attend the
practical stage within the territorial services. Other 24 officers hired from external source to
these services attend the theoretical module of the initiating career course. At central level,
21 operative surveillance actions, 180 undercover investigations have been carried out and
105 informative reports have been forwarded in the CAMAS system.
As regards the international co-operation and professional training in the field of countering
organised crime, at the DGCCO level, in May 2006, the following actions took place:
-
16 meetings of the foreign liaison officers and attaches for internal affairs in Bucharest;
-
14 seminars and professional training activities (7 in Romania and 7 abroad) with the
participation of representatives from FBI, Germany, Italy, Bulgaria, Moldova, Austria,
Turkey, Ireland, France, Spain and Great Britain National Police; SPOC (Stability Pact),
ICMPD (International Centre for Migration Policy Development).
In the referred period, DGCCO police officers attended 14 training activities, as follows:
-
9 seminars attended by 49 DGCCO officers: fighting trafficking in human beings, Cybercrime investigations, Countering organized crime – statistical emphasis on results, Joint
Investigation Teams on countering cross border criminality, DEA intelligence collection
and analysis methods, economic and financial criminality, legal aspects of interest,
implementing the legislation on countering the cyber-crime.
-
4 courses attended by 37 DGCCO officers: management of human information sources,
forensics chemists, countering trafficking in human beings, seizing the goods of criminal
provenience, specific methods for collecting intelligence and using statistics.
As regards the activity of the Criminal Investigation Directorate, on 7 June the “Fata
Morgana” Action Plan was drawn up, which revised and completed the National Action Plan
for preventing and countering internal and international trafficking in human beings. The
methods for collecting information on the internal and international trafficking in human
beings, prostitution and beggary were established as well as putting them into value for
preventing and countering this kind of activities. A task force formed by officers from the
Directorate for Criminal Investigations and from the General Directorate for Countering
Organized Crime was established in order to identify and monitor victims of human beings
trafficking (prostitutes, beggars, disabled persons, minors), to provide audience for them and
to ensure specialized assistance with the support of NGO’s in the field.
146
353 prostitution offences and 101 procuring offences were recorded at national level.
Measures were taken in order to organize actions in the main locations and areas for
operative interest.
Compared to the similar period of last year, in May 2006 the number of offences against
persons decreased by 8%, the offences against the life, physical integrity and health by 3%,
and the number of murders by 14%. No commended murders, account settling murders or
uses of illegally held firearms were recorded in the reference period.
As a result of the Program for preventing vehicle stealing and burglaries implementation, the
percentage of burglaries from vehicles dropped by 9%, and the percentage of identified
authors rose by 2.3%.
The monitoring of the criminal activities of occasional groups was improved by drafting the
Occasional Groups 2005 Plan of Measures. The illegal activity of 109 such groups made of
239 persons was documented and investigations and preventive arrest were ordered for 133
persons of 53 groups.
The number of sought, caught and arrested persons increased by 15.27% compared to the
same period of last year. The number of revoked persons increased by 50% compared to the
same period of last year. As regards the executed mandates and criminal sentences, a 4.4%
increase was recorded compared to the same period of last year.
Two rogatory commissions requested by The UK and Italy were solved and 2 commissions
are currently being carried out (the UK, France) and 1 commission is to be requested by the
Romanian authorities to the Dutch authorities. In the reference period, officers from the
Criminal Investigation Directorate have attended:
-
1 professional course on protecting the national cultural patrimony in Bucharest Centre
for Postgraduate Studies;
-
2 meetings, 1 with representatives of the Roma minority organized by the Institute for
Crime Prevention and Research and 1 in Pitesti on countering criminal acts committed by
Romanian citizens abroad;
-
1 international conference on “Countering criminality against the national cultural
patrimony – European perspectives in the fight against illegal traffic of cultural goods”
(held in Alba Iulia);
-
3 seminars on “The European Initiative for Integrating Roma Police Officers ” (Budapest),
“Joint Investigation Teams” (Bucharest), “Justice for minors in Romania and Italy”
(Drobeta – Turnu Severin)
As regards the fraud investigations, between 1 May 2006 and 14 July 2006, DLAF carried
out controls in 36 cases: 16 cases on PHARE Program, 10 cases on YOUTH Program, 3
cases on Leonardo Da Vinci Program, 2 cases on ISPA Program, and 5 cases on SAPARD
Program, regarding the granting, administration or use of funds from European Union
assistance programmes. 8 started as a result of complaints or denunciations and 28 ex
officio. 20 cases were finalized. In 17 cases irregularities and potential fraud were
ascertained and thus the control documentations for 7 cases were forwarded to National
Anticorruption Directorate (DNA). The other 10 will further be sent to DNA after concluding
the specific administrative procedures by DLAF. In 2 cases irregularities were ascertained. In
1 case the allegations were found ungrounded. In another 16 cases the investigations are
ongoing.
DLAF carried out several joint investigations on the basis of the cooperation protocols
concluded with Financial Guard (GF), the National Agency for Fiscal Administration (ANAF),
General Inspectorate of Romanian Police (IGPR) and DNA, as follow:
-
DLAF forwarded 7 files to DNA in view of recovering the damage and initiating criminal
proceedings against alleged offenders. DNA regularly provides feedback to DLAF on the
sanctions and measures taken in all the cases, which regard crimes against the financial
interests of the European Union.
147
-
GF carried out 11 joint controls upon DLAF’s request. One was finalised and the control
report was sent to DNA and will be forwarded to OLAF, while the other 10 are ongoing.
Furthermore, GF notified DLAF on one case of irregularity/fraud affecting European
funds.
-
DLAF requested operational support of ANAF in one case. A joint task force comprising
the National Customs Authority representatives was set up. The case is close to
completion.
-
DLAF received operational support of IGPR in carrying out 9 investigations. 7 of the 9
cases are close to completion, while in the other two the investigations are ongoing.
With a view of improving DLAF’s capacity of gathering relevant data for the control activity,
cooperation protocols with the National Centre for Database Management and Population
Records, of MAI and the State Inspectorate for Constructions were drafted by DLAF. The
protocols will be concluded shortly and will enable DLAF to access the relevant data in due
time.
Between 1 May and 14 July 2006 DLAF and OLAF organized several training sessions. The
seminars were held both in Bucharest and in regional centres and focused on: „Detection of
Fraud in Specific Customs Regimes. Valuation of Goods and Risk Analysis”, „Risk Analysis
in ISPA (Structural, Cohesion) and SAPARD (Agricultural) Funds”, „Investigation of
Suspected Origin Frauds”, „Fraud in the Common Agricultural Policy”. Two internships on
“intelligence” and “prosecutors, magistrates, legal experts” for the DLAF representatives took
place at OLAF’s headquarters.
DLAF requested OLAF technical assistance in 5 cases. An investigation carried out by an
OLAF - DLAF joint team is ongoing. Thus, Romania is the first of the acceding countries,
which carries out joint on-the-spot inspections in joint teams with OLAF.
Presently, DLAF and the institutions responsible for accomplishing the Action Plan measures
carry out an intermediary evaluation of the National Strategy for the Fight against Fraud for
the Protection of the Communities’ Financial Interests in Romania, with the view to updating
it by September 2006.
At the level of Fraud Investigation Directorate (DIF) within IGPR between 1 May 2006 and 30
June 2006, 16,275 economic and financial frauds were ascertained by IGPR (higher with 28
% than the same period of 2005). IGPR solved 288 economic – financial files, as follows: 98
through the report for finalizing the criminal pursuit with the proposal for indictment; 168 by
declining the competence; 22 by other solutions.
Regarding the offences provided by special laws, the statistics of IGPR are as follows: 443
offences to the Law on the House of Savings and Consignments, 188 to Law no. 31/1990 on
commercial companies; 290 to the Law on accountancy; 1080 offences to Law no. 241/2005
on fiscal fraud. In the field of preventing and countering tax evasion 185 criminal cases were
proposed for trial and 141 criminal files were forwarded to the prosecutor offices. The
efficiency of recovering the damages resulting from criminal activities increased amounting to
115,907,000 RON (32,558,146 euro) out of the total damage of 680,957,000 RON
(191,280,056 euro).
Between 1 May 2006 and 14 June 2006, GF performed verifications at 15,547 economic
agents for identifying and discouraging tax evasion, as follows:
-
298 notifications were sent to the criminal investigation bodies, for an estimated damage
of 103,505,000 RON;
-
GF confiscated assets and amounts of 36,740,000 RON, out of which 1,046,000 RON
being effectively cashed. The seizures being disposed as a result of non-observance of
the financial-fiscal legislation, mainly, in the field of mineral oils, alcohol and alcoholic
beverages production and commercialisation and in the field of cigarettes and tobacco
production and commercialisation;
148
-
GF applied fines amounting 20,891,000 RON, out of which 14,214,000 RON being
effectively cashed. The fines were applied for the non-observance of the financial-fiscal
legislation in the field of alimentary and non-alimentary products, bakery products,
building materials, wastage production and commercialisation etc., in the field of
gambling and for the non-observance of general trade rules within the en-detail activity;
-
The total amounts brought to the state budget are 15,260,000 RON.
In May 2006 structures of Public Order Police Directorate (DPOP) found 12,263 offences
(47% of the total recorded by the Police), out of which 2,724 economic offences (36% of the
total recorded by the Police), 6,188 judiciary offences (52% of the total recorded by the
Police), and 3,351 other types of offences (50% of the total recorded by the Police). Out of
the total 3,352 were caught in delicto (51% of the total number of in delicto at the level of the
Romanian Police). 3,662 criminal cases with unknown authors were solved by the public
order police structure and 18,591 conflicts were settled. Other actions:
-
A documentary regarding the Good Practices for Intervention Manual for public order
police officers was filmed at the “Vasile Lascar” School for Police Agents, in Campina;
-
The program of meetings on counties groups on the problem of countering forestry
criminality was drawn up;
-
Monitoring activities of preventing and countering violence in the rural environment were
carried out in Braila, Galati and Vrancea counties;
-
The Distribution of 4,000 “LOGAN” vehicles for public order structures in the urban
environment and county offices and units started on 26 May 2006.
The following guiding documents were drafted: on increasing the dynamic for preventing and
countering street burglaries, on possessing and using service weapons by public order police
officers, on training of police officers in order to eliminate and prevent any forms of
discrimination, on preventing and countering conflicts and disturbing the public order.
The General Inspectorate of Police signed the Action Plan regarding the activities of police
and gendarmerie forces in the SEACOAST 2006 program. The official opening of the
PHARE 2004 Twinning Convention “Strengthening Police Cooperation” was held on 5 May
2006, having the Directorate for Public Order as main beneficiary, and in June the best
practices manual and performance indicators were drafted. 2 activities were carried out as
part of the Twinning Convention for attracting minorities in the Police forces and for modifying
the curricula of the “Vasile Lascar” School for Police Agents in Campina (Prahova county)
and of the Gendarmerie School for Applications in Dragasani (Valcea county).
As regards the proximity police two guiding documents were issued: on possession of
weapons by proximity police and the Action Plan for improving the image of proximity police.
The seminar on “Youth Assistance”, as part of the Romanian-Swiss partnership for the
proximity police was organized at Timis County Police Inspectorate in 8-12 May 2006.
The International Conference on the Proximity Police was held in Bucharest, from 6 to 8 of
June 2006, under the auspices of the Swiss Agency for Development and Cooperation from
the Swiss Ministry of Foreign Affairs. Representatives of EU member states and of the
South-East European Stability Pact attended the conference. The activity was organized in
working groups and focused on discussion regarding the implementation of the proximity
police concept, as well as on other specific aspects in the field.
The proximity police handbook was finalized on 15 June and the teachers from learning
institutions subordinated to the Ministry of Administration and Interior were trained with
regard to introduction of the proximity police handbook as study in the curricula. A seminar
on “the management of change” was organized in Iasi, on 15-16 May 2006, attended by 50
officers from Iasi, Botosani and Vaslui counties.
A trilateral meeting Romania – Netherlands – Switzerland was held on 14 June 2006. The
aim of the meeting was to evaluate the implementation of the proximity police program
“Integral safety in large cities” and to establish the possibilities for implementing a
149
management project in four counties by involving the representatives of town halls, local
prosecutors offices and local police.
Regarding the intelligence analysis, up to present, the human resources scheme of the
Central Unit for Intelligence Analysis (UCAI) is 91% covered (19 positions out of 21 are
filled). Following the contest held on 18 May 2006 for filling in the position of office manager
from the DGPMB intelligence analysis office and the 6 positions for officers from Bucharest
districts, the office manager position and for analysts positions were filled in. Out of the 10
analyst positions available at the DGPMB intelligence analysis office, 4 are currently filled in
(2 analysts and 2 inputers) and at district level, of the 18 available positions, 10 positions for
officers and 6 for inputers (6 officers and 6 agents positions were filled in by transfers). A
contest was organized at UCAI headquarters on 10 May 2006 in order to fill in the remaining
positions for strategic analyst, both from external and internal sources. Five analysts from
external sources were hired as a result of this contest.
At local level, from the 122 positions that were repeatedly open for competition, only 89 were
filled in, as follows: 30 positions for strategic analysts were filled in from the total number of
41 vacancies; 25 positions for operational analysts were filled in from the total number of 40
vacancies (the organizational chart of Arad County Police Inspectorate does not include the
position of operational analyst); 34 positions for inputers were filled in from the total number
of 41 vacancies. Thus, the percentage of filled in positions up to present is 72.9% (82.9% for
agents and 67.9% for officers).
From 8 to 12 May, 2 UCAI officers attended a course for ANB users and iBase, lectured by
representatives of the company, which ensures i2 product assistance. From 31 May to 2
June the head of the Operational Analysis Service and 2 analyst officers attended the
presentation of the Europol Information System at the National Focal Point headquarters.
5 operational analysis and 6 strategic products were delivered to operative officers and
managers from the Ministry of Administration and Interior. The activities of the working group
“Files with criminal character” were launched, where UCAI is the project implementation unit,
through the Service for Strategic Analysis. The Project “Action Concept Sea Coast 2006”
was developed and put into practice. The implementation of the filled in intervention report
cards was launched and they were collected in a centralized system. The reporting
methodology and the design of the analysis are currently being drawn up. The IRIS
application was developed and it will be tested at the level of the General Directorate for
Bucharest Police and IJPR Ilfov (the managers have been trained in using the application).
Currently in the witness protection program are 20 persons, six of them being proposed for
the witness program in the last 5 months. Work methodologies were drawn up for every line
of work and were forwarded to the Ministry of Administration and Interior for approval. Two
representatives of the National Office for Witness Protection attended a seminar in LjubljanaSlovenia, on the theme of cooperation in the line of witness protection between South
Eastern European countries.
In order to improve the modalities of statistically emphasizing, as well as for making credible
statistics, which will answer the EU requirements and exigencies and implicitly for
harmonizing the statistics with those from prosecutor’s offices, and also as a response to the
structural and legal changes in the field of justice, the IGPR Order no. 61/12.05.2006 was
issued. Based on this document, the Directorate for Criminal Records, Statistics and
Operational Evidence has drawn up the Technical Norms no. S/1332342 of 29 May 2006,
regarding the modification and completion of the methodology of use of all monthly statistical
reports (the 2006 model).
Regarding developing technical and scientific investigation systems, in May 2006, forensics
structures carried out technical and scientific investigations at crime scenes in 11,786 cases.
As a result, 27,830 traces and material evidences were collected. The 2,714 fingerprints that
were exploited with the AFIS computer identification system led to identifying 70 perpetrators
and 72 criminal acts.
150
1,757 technical and scientific determinations and forensic expertise were carried out at
national level that led to identification of 445 perpetrators who committed 464 antisocial
offences. An important role in this type of files was held by DNA biological forensic expertise,
which established the genetic profile of 17 perpetrators involved in 17 criminal acts of serious
violence or social risk by genotyping.
At the request of EU police forces through the International Cooperation Centre and by
verifications of the persons that were returned/deported from EU member states, 734
dactiloscopic cards were compared in the AFIS Database, which resulted in identification of
22 persons who committed 22 offences in EU countries.
The IBIS system for automatic comparison of tubes coming from lethal fire weapons was
made operational, after the preparation/testing phase and filling the database with all cases
with unidentified authors and illegally held or abandoned weapons, in order to carry out
investigations requested by European partners. The system has the required interface for
interconnecting with similar databases.
Two training modules were held as part of the Phare 2003 Twinning Light Project, regarding
the collecting of biological evidence from the crime scene and their use in the laboratory,
which was attended by 25 forensics officers at the first module and by 22 forensics
prosecutors at the second. The possibilities and limitations of the DNA method were also
presented.
IGPR’s cooperation activities with institutions that have similar attributions were carried out at
national level according to common action plans, agreements and cooperation protocols in
force, and at regional, European and international level the activities were carried out in
particular with institutions such as Europol, Interpol, the SECI Centre and foreign liaison
officers. In the reference period, a number of 263 meetings and message exchange with an
operational character was carried out, both with foreign liaison officers accredited to
Bucharest and with Romanian ones abroad, through the General Directorate for European
Integration and International Relations of the Ministry of Administration and Interior and the
Centre for International Police Cooperation. During May-June 2006, 253 abroad activities
were attended by IGPR representatives (conferences, seminars, workshops, experience
exchanges, studying visits).
Regarding crime prevention, in the reference period, the Institute for Crime Prevention and
Research has continued the activities (seminars, training sessions, publishing and
distributing posters and booklets) in the field of preventing crimes involving violence, road
accidents, corruption, human beings trafficking, the protection of minorities, in 7 national and
3 international programs (Annex 11). Six programs, made in collaboration with the
Directorate for Public Order Police and the Directorate for Criminal Investigation, were
launched and submitted to crime prevention structures in the territory for local
implementation. The programs are referring to the following areas: preventing and countering
vehicle stealing and robberies from vehicles, livestock robberies, robberies from commercial
units, increasing the safety level in public transport.
Regarding the conditions in detentions centres please see the chapter Political Criteria
section on conditions in penitentiaries and detention centres.
In the field of combating money laundering, on 1 June 2006, a working group was set-up
for assessing the level of transposition of the revised 40+9 FATF recommendations within
the national legislation, having as a start point the conformity table drafted by National Office
for Preventing and Combating Money Laundering (ONPCSB). The working group comprises
representatives from the ONPCSB, Ministry of Justice (MJ), National Bank of Romania
(BNR), Commission for Insurance Supervision (CSA), National Commission for Securities
(CNVM) and the Prosecutors’ Office attached to the High Court of Cassation and Justice
(PICCJ). Sectorial working groups will be set up for analysing the conformity table of the
national legislation with the revised 40+9 FATF recommendations.
151
On 30 May 2006, ONPCSB organized several reunions with the overseeing authorities
(BNR, CSA and CNVM) focused on revising the secondary legislation issued by these
authorities.
Between 29 May and 2 June 2006, ONPCSB and the professional associations (the Casinos
Association, Romanian Association of the Real Estate Agencies, National Union of Real
Estate Agencies, Car Producers and Importers Association) within the vulnerable sectors
organized several reunions, focused on drafting the secondary legislation for non-financial
reporting entities that do not have a specialized overseeing authority (According to the art. 17
para. 1 let. B that reads: “For those persons which are not subject, according to the law, to
overseeing attributions, the legal attributions of supervising, verifying and control shall be
carried out by the Office”). Following the reunions ONPCSB drafted the norms on preventing
and combating money laundering and terrorism financing, customer due diligence standards
and intern control for non-financial reporting entities that do not have a specialized
overseeing authority. The norms were endorsed by the MJ and will be sent for publishing in
the Official Journal. The norms took into account the European Council’s third Directive on
the prevention of using the financial system in the purpose of money laundering and
terrorism financing (2005/60/EC Directive), using a new approach based on risk assessment
in compliance with the UE provisions and 40+9 FATF recommendations. The norms will
constitute the legislative basis for drafting sectorial internal procedures by the professional
associations of the non – financial reporting entities.
Based on the training schedule for 2006 drafted by ONPCSB, between May and September
2006 training sessions will take place for reporting entities (especially real estate agencies,
car dealers and casinos). To this end, starting 16 May 2006, ONPCSB and the professional
associations (the Casinos Association, Romanian Association of the Real Estate Agencies,
National Union of Real Estate Agencies, Car Producers and Importers Association)
organized training sessions focused on detecting suspect transaction and improving the
quality of the suspect transaction reports. Between June and July these trainings will be
organized weekly.
In 15-17 May 2006, CSA together with the USA State Treasury organized the seminar on
„Insurance Conference on Fraud and Money Laundering”. The representatives of ONPCSB
held a presentation on „Suspect Transaction Reports in Romania”. Starting September 2006,
several workshops and training sessions will be organized with special focus on the drafting
internal control procedures by the non – financial reporting entities (exchange houses, real
estate agencies, car dealers, lawyers, public notaries).
During 23-24 June 2006, within the periodical meetings with the BNR, training was organized
with the representatives of the banking inspection of BNR. ONPCSB representatives were
also invited to present „typologies and cases in the field of preventing and countering money
laundering and financing terrorism”, and to clarify aspects raised from the common control
actions with BNR.
Also, during 22-23 June 2006, at the initiative of the National Institute of Magistracy (INM),
the seminar on „Money laundering – training the trainers” took place in Bucharest, targeting
the magistrates. During 26-28 June 2006, the seminar “Inter-institutional cooperation in
countering complex corruption cases” was organized in Brasov by DNA and ONPCSB with
the support of the USA Embassy, attended by participants from ONPCSB, DIICOT, DNA, MJ
and FINCEN – SUA, and on 30 June 2006, an experience exchange with specialists of
FINCEN – USA took place at the ONPCSB premises.
On 21 June 2006, National Customs Authority and ONPCSB organized a working reunion
focused on identifying the concrete modality of cooperation, targeting the exchange of
information, according to the Napoli II Convention.
ONPCSB sent a technical assistance proposal to obtain specialized assistance in training
seminars for the specialized personnel within ONPCSB regarding: countering financing
terrorism, especially typologies for detecting and processing suspicious transactions;
surveillance and control of the reporting entities from the non-financial sector. In the same
152
project, several activities are scheduled for training the personnel within law enforcement
agencies (police officers, magistrates) on preventing and countering money laundering and
corruption.
ONPCSB will continue to organize periodical common reunions with the main institutions
involved in preventing and countering money laundering and financing terrorism: PICCJ –
Department of Investigating Offences of Organized Crime and Terrorism (DIICOT), DNA,
BNR, Financial Guard, National Agency of Fiscal Administration (ANAF), Ministry of
Administration and Interior (DGCCO), in order to analyse the activity of these institutions in
the first half of 2006 and to establish the necessary measures to make more efficient the
cooperation. In this sense, ONPCSB organized during 19-21 June 2006, 3 common working
meetings with representatives of the BNR, DIICOT (the meeting was also attended by
representatives of MJ), DNA.
Between 1 May and 30 June 2006, based on the signed joint control plan, ONPCSB and
Financial Guard (GF) performed 17 controls (15 controls to real estate agencies and 2
controls to economic agents performing gambling activities). As a result, fines amounting
150,000 RON and 11 warnings were applied. Thus, ONPCSB and GF finalized the joint
controls planned for the economic agents, which perform gambling activities. For detailed
information on suspicious transactions reports and carried out controls please refer to Annex
12.
On 23 June 2006, ONPCSB requested the BNR’s support on performing joint controls to
exchange houses. To this end, ONPCSB and BNR are drafting a calendar for these
activities.
In July ONPCSB shall draft a new control plan for the second half of 2006. This plan is based
on the necessity of approaching the controls from an operational risk point of view. ONPCSB
requested the support of BNR (the Supervision Directorate) in drafting a training session for
the ONPCSB’s personnel focused on control methodology based on operational risk
assessment.
In order to strengthen the administrative capacity of ONPCSB the number of ONPCSB’s
personnel was increased from 84 to 120 (GD no. 531/2006, OJ. no. 396/8.05.2006). At
present 79 positions are filled in. In June 2006, ONPCSB started the competition for 5
positions (the contest took place on 10, 12 and 13 July 2006). Between September and
December 2006, ONPCSB will organize another competition for the rest of 36 positions.
Regarding the specialized training for ONPCSB’s personnel, during 15 – 19 May 2006 the
ONPCSB representatives participated in a seminar on “Terrorism and Organized Crime and
Countering Financing Terrorism” organized by the Coordination Office in the field of Defence
and the Embassy of the USA, in order to train the financial analysts in enhancing the
prevention, discovering and investigating capacity to deal with money laundering offences
connected with financing terrorism. During 8 – 13 May 2006, courses for magistrates on
„Fraud and Insurance” and “General Insurance” were organized, which were also attended
by ONPCSB representatives.
On 25 May 2006, a training of the personnel with control and surveillance attributions within
ONPCSB was organized. Specialists of the BNR – Supervision Department also attended.
This training approached the checking and control actions, by evaluating the operational
risks regarding the prevention and countering money laundering. This approach will be used
by ONPCSB for the control that shall be organized in the second half of 2006, according to
the EU rules, which are focused on prevention.
ONPCSB elaborated a Phare project of a total value of 1.34 million EUR, out of which 1
million EUR Phare funding and 340,000 EUR co-financing from ONPCSB budget. The
project contains the following objectives: optimising the existent reporting system in the
context of the current reporting flux to ONPCSB; creating a system of case management,
which shall contain the management of the notification system in electronic form, made to
PICCJ or to DNA and Romanian Intelligence Service (SRI), according to the legal provisions
153
in force; training IT experts of ONPCSB and drafting study materials; creating
crypting/decrypting personalized solutions for ONPCSB documents; accreditation of the
information and communication system within ONPCSB, according to the provisions of the
Law no. 182/2002 on the protection of classified information, GD no. 585/2002 for approving
the national standards of protection of classified information in Romania, and GD no.
781/2002 on the protection of secret information, by acquiring materials, equipments, IT
programs and contracting the necessary installation services; initiating an INTRANET system
for the circulation of the documents and facilitating the operation modalities; creating a
replicating system of the information currently used, which will be operational in conditions of
security.
Regarding the cooperation of the Romanian FIU with the foreign FIUs, until now, ONPCSB
concluded 33 Memoranda of Understanding in order to intensify the operative exchange
information and know-how. In June 2006, at the participation in Cyprus, at the works of the
14th Plenary Session of the Egmont Group, 3 other Understanding Memoranda were signed
(with FIUs from Cyprus, Liechtenstein and Luxemburg).
During 1 May – 30 June 2006, ONPCSB transmitted 13 information requests and received
25 from the foreign FIUs. During 26-28 June 2006, a working visit of the Liechtenstein FIU’s
representatives took place in Bucharest, aiming at improving bilateral cooperation,
developing information and experience exchange. Until now, study visits at the Guatemala
Republic and Slovenia were organized.
In the area of drugs the following legislative developments were registered:
-
In May 2006, the National Customs Authority approved the completing of the Control
Methodology, part of Order no. 7540/2005 on the functioning norms for the Customs
Control Compartment, with annexes: Control of postal packages and travellers’ luggage
and Control of maritime containers.
-
Order no. 6189/19.05.2006 was approved by the Vice-president of the National Agency
for Fiscal Administration on Common customs operations in the field of countering drugs
and controlled substances trafficking extended by provisions of Order no.
6362/16.06.2006 in the same area.
-
The Common Order of the Minister of Justice, Minister of Administration and Interior and
Minister of Health was developed on the modality to carry on the integrated programmes
of medical, psychological and social assistance for drug addicted inmates.
-
The Ministry of Health coordinated the process of drafting the methodological norms for
the implementation of Law no. 339/2005 on the legal status of plants, substances and
narcotic and psychotropic preparations. The norms are pending inter-ministerial
endorsement and are to be approved by Government Decision.
At the level of the National Anti-drug Agency (ANA), along with the current activities for
ensuring the good functioning of the Drug Prevention, Evaluation and Counselling Centres,
approx. 300,000 RON were used for refurbishing the premises of the Centres in Constanta,
Iasi, Hunedoara, Teleorman, Braila, and in Bucharest (sectors 3 and 6).
On 30.06.2006, the ANA organizational chart is 95.72% filled in (128 officers, 14 agents and
171 civil servants).
On 28.06.2006, within the General Inspectorate of Romanian Police – General Directorate
for Countering Organized Criminality (DGCCO), the new headquarter for the Central
Laboratory for the analysis and profiling of drugs has been render operational and endowed
with equipment amounting to 1.2 million Euro. In May 2006, 1 officer’s position was filled in
within the Targu-Mures Brigade for Countering Organised Criminality (BCCO) – the Anti-drug
Compartment, and in early June, a non-commissioned officer’s position was filled in within
the Constanta BCCO – the Anti-drug Compartment. In the referred period, at the DGCCO
level took place 6 seminaries and training courses (5 in Romania and 1 abroad), with 17
participants from the DGCCO.
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At the ANV level, the structures for risk management were set up by ANV Vice-president’s
Order. As a consequence, within the Customs Office Albita, Vaslui County, a joint team for
risk assessment was established and function as pilot station, with members from ANV and
Border Police. The connection of the National Customs Authority (ANV) to the database of
NDCS (National Drug Control System) software of the Anti-drug Directorate was approved.
In the field of drug demand reduction, based on the protocol signed by the National Anti-drug
Agency and the National Administration of Penitentiaries, early this year, for developing a
national-level survey on drug use in penitentiaries, the data entry phase is ongoing.
In May and June 2006 the initiation of a Cohort study on mortality among drug users began
(the documentation was made, institutions to be involved were appointed, and the contacting
of their coordinators was carried out). Also, in the referred period, the Protocol for developing
the Seroprevalence study on HIV and HVC among drug users was drafted.
In May 2006, the European Protocol for data collection on infectious diseases associated to
drug use, demand for treatment, medical emergencies and mortality due to drug abuse was
adopted.
During 15-16.05.2006, the Seminar on drug demand reduction was organised, attended by
approximately 100 experts from the Romanian institutions with attributions in the field. Also,
at the ANA level, a training for 30 people was organized in June 2006, on the use of the
European instrument EUROPASI, as part of project “Monitoring the psychosomatic variations
in patients on substitution treatment”, financed through the CEEX programme (Programme of
Excellence Research).
On the occasion of the World No-Tobacco Day – 31 May, ANA developed at national level
the campaign initiated by the World Health Organization for the current year. The campaign
was called Tobacco: deadly in any form or disguise. Posters (3 models), leaflets, and an
audio spot called “What if you left your cigarettes at home?” were created and distributed
across the country. The 47 Drug Prevention, Evaluation and Counselling Centres carried out
information-education activities to raise public awareness on the risks associated to tobacco
use, addressed to pupils, students, members of local communities, and mass media.
Furthermore, activities on informing and sensitisation educators and professionals for
increasing the level of involvement in the field of demand reduction for tobacco products
were carried out.
On 16 June 2006, in partnership with the Public Health Directorate and the Bucharest 2nd
Sector City Hall, ANA organized the Conference “Risks of drug use for mother and child”, the
first step in a national campaign which is to be developed by the Drug Prevention, Evaluation
and Counselling Centres.
The National Anti-drug Agency developed at national level a second anti-drug campaign
initiated by the United Nations Office for Drugs and Crime (UNODC) Drugs are not child's
play, for 26 June – the International Day against Drug Abuse and Illicit Trafficking.
Participants to this event were representatives from the NGO’s, public institutions and agents
from the Gendarmerie. This year’s campaign was aimed at encouraging the adults in
protecting the children. On this occasion, ANA together with Romfilatelia, launched the
philatelic issue dedicated to 26 June. A postal stationery item was issued, containing a
stamp, a “First day” envelope, and a seal. 450 such envelopes and over 53,000 stamps will
be spread across the whole country.
At national level, the main types of activities developed for the celebration of the International
Day against Drug Abuse and Illicit Trafficking were: 15 interactive meetings with young
people in school camps, campuses, placement centres, 5 theatre plays with anti-drug
message, 4 training courses among Drug Prevention, Evaluation and Counselling Centres
volunteers, 30 conferences, seminaries, round tables on anti-drug topics, 50 sports activities,
mostly contests (orientation, relay races, crosses, dance, marches, volleyball championships,
rugby, handball, roller skating, cycling, chess tournaments), 15 diploma/certificate awarding
ceremonies for partners and Drug Prevention, Evaluation and Counselling Centres
155
voluntaries, 5 camps on anti-drug topics, street manifestations (35 for distributing information
materials, leaflets, 7 contests of drawing on asphalt, street ball, graffiti, photographic art, 10
shows, concerts and festivals), 6 articles on anti-drug themes, published in specialized
magazines, 7 film projections and spots, photograph exhibitions, etc.
In the referred period, a methodology for creating, endorsing and adopting County (Local)
Anti-drug Strategies was drafted and in May 2006 was forwarded to the Drug Prevention,
Evaluation and Counselling Centres. Moreover, a methodology for creating local networks for
prevention of the illicit use of drugs was also drafted and sent to the Drug Prevention,
Evaluation and Counselling Centres.
In May and June 2006, ANA concluded 30 partnerships with NGOs activating in the field. As
for the collaboration with religious denominations, 8 protocols were signed with eparchies
and parishes of the Romanian Orthodox Church, together with 19 protocols concluded with
other religious denominations. In addition, further steps were taken for signing protocols with
other denominations operating in Romania.
Additionally, 6 collaboration protocols were signed between the Drug Prevention, Evaluation
and Counselling Centres and the penitentiaries in the Mures, Ilfov, Brasov, Constanta,
Dambovita and Timis counties. Furthermore, a collaboration protocol was concluded
between ANA and the Green Line for child protection, for directing calls on drug, tobacco and
alcohol illicit use and trafficking towards ANA’s Tel-Verde information and counselling centre
and for developing joint programs towards preventing illicit use of drugs, tobacco and alcohol
among the young population.
A working group was established for drafting a common order on the co-operation
procedures between the institutions involved in providing services for the prevention of drug
use at the local level. Two working groups were set up in order to draft the secondary
legislation on “Identifying priority zones of intervention in school environment” and
“Accrediting training programs for teachers in accordance to professional training criteria”.
In the area of drug supply reduction, in the referred period, a co-operation Protocol between
the National Anti-drug Agency and the National Office for Witness Protection was signed.
In May 2006, in the field of countering drug trafficking, 332 crimes were uncovered, 239
individuals were investigated, out of which 73 individuals were taken into custody. For
instance, in the “FLASH” operation, carried out in Bucharest by the Anti-drug Directorate, 26
drug dealers were investigated, out of which 20 were arrested; goods and money confiscated
amounted to 120,000 Euro.
Between 1 May – 26 June 2006, a quantity of 21.49104 kg drugs, 2,769 tablets, 30 LSD dots
and 15 ampoules were seized. Out of the total quantity 1.86968 kg are high risk drugs
(1.8161 kg heroine, 0.002295 kg cocaine), 2,588 tablets of high risk drugs (1,880 MDMA,
494 methadone), 15 ampoules of high risk (morphine), 30 doses of LSD, 19.62136 kg drugs
of risk (17.29824 kg cannabis, 2.31837 kg hashish) and 181 tablets of risk. During 1 May –
26 June 2006, 63.25414 kg precursors and 439.99 litres of precursors were seized.
In the referred period, 111 messages were exchanged at the level of the General
Inspectorate of Romanian Police, mostly with European partners, out of which 54 with the
Police in Germany, and continuous operative information exchange took place on the
notifications and pre-notifications transmitted by European countries with regard to the import
and export of precursors in/from Romania (48 messages).
Between 01.05-26.06.2006, ANA representatives attended a series of international activities
dedicated to drug demand and supply reduction, such as: the 57th Reunion of the
Permanent Correspondents of the Pompidou Group, the EU workshop “Drug policy in the
Balkans”, the course of the European Police College “Drug Policy” organized by CEPOL in
Slovakia, the “Paris 2 – Moscow 1” Conference on prevention and countering illicit drug
trafficking from Afghanistan.
156
Between 31.05 – 02.06.2006, a expert seminar on drug trade on Balkan routes was held in
Vienna/Austria, with the participation of the DGCCO representatives and during 1216.06.2006, in Skopje/Macedonia, participants from DGCCO attended the DEA seminar on
Intelligence Collection and Analysis Methods. On the basis of the Romanian-Dutch bilateral
co-operation program MATRA “Fight against drug trafficking”, a delegation from DGCCO and
IGPF travelled to Amsterdam, between 28.05 – 02.06.2006 for an experience exchange on
drug trafficking issues.
Anti-drug formations from the National Customs Authority performed an information
exchange with the SECI Centre, RILO-OMV (CEN) and the Balkan Info and Cargo Info
systems. On 15-17.05.2006 one ANV expert attended the briefing “Pallas” International
Customs Operations on precursors trafficking on roads and railways, held in Warsaw,
Poland.
In the area of judicial cooperation in civil and criminal matters the following
developments were registered in the ratification of multilateral and bilateral conventions:
-
Law no. 58/2006 (OJ no. 300/4.04.2006) ratifying the Agreement on co-operation
between Romania and Eurojust entered into force on 18 May 2006.
-
Law no. 83/2006 (OJ no. 326/11.04.2006) ratifying the Agreement between Romania and
Italian Republic on transfer of the sentenced persons being imposed the measure of
expulsion or the measure of escort to the border entered into force on 26 May 2006.
-
Law no. 216/2006 (OJ no. 462/29.05.2006) ratifying the Agreement between Romania
and the Republic of Turkey on legal assistance in civil matters (Ankara, 28 September
2005).
-
Law no. 240/2006 (OJ no. 563/29.06.2006) on accepting the amendments to the Statutes
of the Hague Conference on Private International Law. Romania’s acceptance of the
amendments will facilitate the accession of the EC to the Statute of the Hague
Conference on Private International Law. The amendments will become effective once
accepted by 2/3 of the member states of the Conference.
-
The draft law ratifying the European Convention on prevention of terrorism (Warsaw, 16
May 2005) was approved by the Government in the session of 18 May 2006 and
submitted by the President of Romania to Parliament for ratification, on 20 June 2006.
-
The draft law ratifying the European Convention on money laundering, discovering,
tracing, seizing the offence proceeds and terrorism financing (Warsaw, 16 May 2005)
was approved by the Government in the session of 18 May 2006 and submitted by the
President of Romania to Parliament for ratification, on 20 June 2006.
Legislative progresses in the field of judicial cooperation:
-
Law no. 103/2006 (OJ no. 375/2.05.2006) ratifying the Protocol No. 12 to the Convention
for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November
2000).
-
Law no. 224/2006 (OJ no. 534/21.06.2006) amending the Law no. 302/2004 on
international judicial cooperation in criminal matters entered into force. The amendments
particularly focus on the full transposition of the Schengen acquis in the field of judicial
cooperation in criminal matters as well as on the enforcement of the framework-decision
on the European Arrest Warrant, based on the Member States’ experience in this matter.
Regarding the judicial co-operation in criminal matters, the Electronic Guide on International
Judicial Co-operation in Criminal Matters, published on the website of the Romanian Ministry
of Justice, (http://www.just.ro/rtrv_mc.php?param=cji_penal) has been considerably
improved. In the new version dated 19 June 2006, comments for each major form of judicial
co-operation, as well as application forms and models were added to the texts of
international, bilateral and multilateral treaties, relevant Community instruments and national
legislation. A separate chapter deals with Co-operation with EU Member States (as of the
date of accession). The guide represents a valuable tool for the judges and prosecutors
157
involved in activities related to judicial cooperation, as it offers both legislative information
and templates to be used in such procedures.
Regarding the judicial co-operation in civil and commercial matters the Electronic Guide on
International Judicial Co-operation in Civil and Commercial Matters and in Family Law –
published
on
the
website
of
the
Ministry
of
Justice
(http://www.just.ro/rtrv_mc.php?param=cji_civil) has been considerably improved. In the new
version dated 19 June 2006, comments for each major form of judicial co-operation, as well
as application forms and models were added to the texts of international, bilateral and
multilateral treaties, relevant Community instruments and national legislation. A separate
chapter deals with Co-operation with EU Member States (as of the date of accession). The
guide represents a valuable tool for the judges involved in activities related to judicial
cooperation, as it offers both legislative information and templates to be used in such
procedures.
In the reporting period, both the MJ and the Public Ministry developed an intense activity in
the field of judicial cooperation with EU Member States or with other states. Thus, for
example, a total number of 840 works in the field of extradition and 190 works in the field of
transfer of sentenced persons were carried out at the level of the specialised department
within the MJ. Within the Public Ministry, a total number of 219 new works and 361 solved
works were registered in the field of international judicial assistance. Likewise, the National
Anticorruption Department registered 29 solved works in the field of international judicial
assistance and the Office for International Assistance within the Directorate for Investigating
Organized Crime and Terrorism (DIICOT) dealt during the reporting period with 24 requests
for international judicial assistance, 7 of which being issued in cases of trafficking in human
beings.
A liaison magistrate will be soon appointed to Eurojust, upon consultation with this institution.
The selection procedure for this position is currently ongoing. The call for applications has
been posted on the MJ website on 26 May 2006 and the deadline for their submission was
20 June 2006. The liaison magistrate will be appointed in the second part of September
2006.
Efforts continued for Romania’s inclusion in the computerized system of the European
Judicial Network in criminal matters, by publishing the information necessary for „Fiches
Belges” and „ATLAS”. After the working meeting with the Secretariat of the EJN held in
Bucharest on 7 February 2006, the Romanian contact points of the European Judicial
Network elaborated the requested materials (on national legislation in criminal field,
competence and contact details of national courts and prosecutors’ offices), which were sent
to the EJN Secretariat in June 2006. All information about Romania is expected to be
available on the website of the European Judicial Network by February 2007.
Since 2002 Romania has been taking part to all the meetings of the European Judicial
Network in Criminal Matters through its national contact points within the central authorities
as well as through judges and prosecutors who are members of the Romanian Judicial
Network on Judicial Co-operation in Criminal Matters. During the reference period, Romania
participated to the 24th plenary reunion of the European Judicial Network in Criminal Matters
(Graz, Austria, 11-13 June 2006). Two DIICOT prosecutors and two representatives of the
Ministry of Justice participated to the reunion of the European Network of contact points for
war crimes, held in the Hague, between 22-24 May 2006.
Since April 2005 Romania has been taking part to all the meetings of the European Judicial
Network in Civil and Commercial Matters, through its national contact points within the
central authorities as well as through judges and prosecutors who are members of the
Romanian Judicial Network on Judicial Co-operation in Civil and Commercial Matters. During
the reference period, Romania participated to the 16th and 17th reunions of the EJN held in
Brussels on 4 May and 22 June 2006.
158
Activities of the Romanian Judicial Networks and training of their members15 continued:
-
Training of trainers on “Cooperation in Criminal Matters”, Bucharest, Romania, 18-19
May 2006. The event was organized by the European Institute for Public Administration
(EIPA), as part of the technical assistance Program for Romania “Development of
capacities for the magistrates’ training” conducted by the Great Dukedom of Luxembourg
and the Romanian Ministry of Justice (11 judges and 13 prosecutors);
-
Training on “Cooperation in Civil and Commercial Matters”, Bucharest, Romania, 8-9
June 2006. The event was organized by the European Institute for Public Administration
(EIPA), as part of the above-mentioned technical assistance Program conducted by the
Great Dukedom of Luxembourg (14 judges).
The National Institute for Magistracy (INM) organized in the reporting period several events
and training courses for the Romanian judges and prosecutors:
-
Seminar on the “Mutual recognition of judgments and judicial cooperation” (10 judges and
10 prosecutors), 4-5 May 2006;
-
Joint Romanian-Bulgarian training in the field of the protection and enforcing the
intellectual property rights, organized by the UN Economic Commission for Europe
(UNECE) and the World Intellectual Property Organization (WIPO) in cooperation with
INM (80 prosecutors, representatives of police and customs from Bulgaria and Romania),
Bucharest, 13-14 July 2006;
-
3 Seminars on International Judicial Cooperation, held for trainees of the National School
for Clerks;
-
A French-Romanian interdisciplinary seminar on “Fight against organized crime” was
organized by the French Embassy in Bucharest in cooperation with DIICOT and the
IGPR (DGCCO), Iasi and Cluj, 12-14 June 2006.
-
3 modules of French language are organized by INM and French Cultural Institute for 100
judges and prosecutors;
-
3 training sessions of German, French and Spanish languages were organized in order to
help the Romanian prosecutors to take part in joint investigation teams and to have direct
contacts with foreign magistrates.
In cooperation with CEELI Institute Prague, INM is part of the Language4Law regional
project, aiming to facilitate the access of the Romanian magistrates to the community law, to
increase the number of direct contacts between judicial authorities in practice and also to
facilitate the access to relevant training activities. The project involves countries throughout
the Central and South-eastern Europe, emphasizing the learning of legal language, including
an e-learning portal, a DVD and a textbook for use in legal English classes throughout the
region. A core working group from nine countries has been established within the project.
Two training of trainers’ sessions (two days each) for 24 judges, prosecutors and INM
trainers were hosted by INM between 5-9 June 2006. Participation to training seminars and
study visits abroad:
-
Seminar on "Recent developments in European Family Law and Successions Law”, held
by the European Institute of Public Administration (3 judges), Luxembourg, 11-12 May
2006;
15
The Romanian Judicial Networks (RJN) were established with a view to strengthen the
institutional capacity for the enforcement of European instruments on international judicial cooperation in civil and commercial matters, on one hand, and in criminal matters, on the other hand,
and to facilitate direct contacts between competent judicial authorities. The judges and prosecutors
members of the RJN were named by the Superior Council of the Magistracy by its Decision no.
178/18.05.2005.
159
-
Seminar on "Access to justice in Community law: the Role of National Judges”, held by
the Academy of European Law (ERA) of Trier, Germany, the Court of Cassation of the
Republic of France and the TAIEX (2 judges), Paris, 1-2 June 2006;
-
Internship at the European Court of Justice for 2 justice auditors of INM, Luxembourg, 18
April 2006 – 17 July 2006;
-
Study tour at the European Court of Justice for 6 judges and 3 prosecutors, Luxembourg,
23-30 June 2006.
The exchange programme for judicial authorities started on 2 February 2006 when the
Convention between the European Judicial Training Network and the European Commission
was signed. The programme has the goal to promote exchanges between judges and
prosecutors within the European Union in order to develop mutual confidence. This will
consequently facilitate the implementation of the principle of direct contact between judicial
authorities. A further objective is to increase the level of knowledge of EU instruments in civil
and criminal matters in order to ensure their proper implementation in the Member States.
Finally the programme seeks to develop regular contacts between the judicial training
institutions in Member States and candidate countries. At the meeting from 29-30 June 2006
in Brussels, the representatives of the focal points discussed the details in order to set up the
exchanges as soon as possible. 76 Romanian judges and prosecutors are enrolled to this
programme carried out by INM.
The drafting of the Twinning Contract for the PHARE Program RO/2005/IB/JH/03
“Strengthening the institutional and legislative framework in the field of international judicial
cooperation” has begun and will be completed by September 2006. The project will have a
duration of 18 months. The Ministry of Justice has Austria as a twin partner and the program
will provide: a central institutional structure for the administration of the two Romanian judicial
networks; working methodologies for judicial cooperation in civil, commercial and criminal
matters at central and local level; training of the members of the local judicial networks and
MJ staff; a web site on judicial cooperation; endowment of the courts of appeal and tribunals
with audio-video equipment for the requests addressed in the framework of the international
judicial cooperation in criminal and civil matters.
The Romanian Public Ministry will be implementing the EPOC III programme, regarding the
automation of certain investigative files and is also involved in AGIS program on „Mutual
recognition of Court decisions”. Both programmes are targeted at enhancing cooperation
between judicial authorities.
2.3.16. Chapter 28 - Financial Control
As regards public internal financial control, during the reference period, the Minister of
Public Finance issued an Order for the integration of the preventive financial control into the
sphere of managerial responsibility for the Presidential Administration (Order of the Minister
of Public Finance no. 971/13.06.2006).
Also, the Central Harmonization Unit for Public Internal Audit has drawn up an audit report
recommending the integration of the preventive financial control into the sphere of
managerial responsibility for Romanian Senate as well, the order of the Minister of Public
Finance following to be approved.
The auditing process will continue, based on the programme proposed by the Central
Harmonization Unit of Financial Management and Control Systems, so that the preventive
financial control will be integrated into the sphere of managerial responsibility, as the
managerial control will ensure the elimination of risks in the administration of public funds.
This process will be finalized, according Romania’s commitments, by the date of Romania's
accession to the European Union.
Regarding professional training, in the reference period, a number of 74 civil servants with
attributions concerning financial management, within the public and local institutions, were
trained.
160
Also, a new PHARE project (RO04/IB/FI/03) was launched, namely “Strengthening of
financial management and control system within the Ministry of Public Finance”.
In the field of external audit, the EGO no 43/2006 (OJ no 525/2006) on the organisation and
operation of the Romanian Court of Accounts will not enter into force due to the fact that the
Romanian Constitutional Court admitted the exception of unconstitutionality, formulated by
the Ombudsman, concerning the provisions of the above-mentioned Emergency Ordinance.
Therefore, the draft law amending the Law no 94/1992 on the organisation and operation of
the Romanian Court of Accounts will be re-included on the agenda of the Senate in order to
be submitted for debates during the autumn session.
As far as control over structural action expenditure is concerned, the ISPA Implementing
Agency – MTCT (Danube) is fully operational even if the number of the operations is low.
The EDIS accreditation of the entire ISPA system in Romania represents a sound prove that
this structure is considered operational.
2.3.17. Others - Translation of the acquis
Of the 95 049 pages of acquis, on 14 July 2006 Romania had translated 84 303 pages,
which represents 88%.
61 850 pages have been revised and submitted to the EU institutions, which represents 65%
of the total number of pages.
The revision output of the Translation Co-ordination Unit (TCU) reached 5 850 pages in June
2006, as compared to 4 225 pages in May 2006. Between 1+15 July 2006, 3568 OJ pages
were revised.
As a result of the recruitment competitions organised in 2006, the number of TCU employees
has reached 55. With this staff, the TCU will be able to reach an output of 6 500 pages
revised per month.
After the adoption of EGO No 5/9.02.2006, the wages of the TCU staff have increased by
50%.
161
ANNEXES
Annex no. 1
Situation of the total arrears to the general consolidated budget and other creditors by the date 30.04.2006
- thousands RON Achievements
Indicator
Achievements
31.12.2005
30.04.2006
30.04.2005
Comparable
prices
Achievements
Comparable
prices
Differences
30.04.2006
compared to
Differences
30.04.2006
compared to
Differences
30.04.2006
compared to
30.04.2005
31.12.2005
31.12.2005
(+/-)%
A
State budget
Social security
budget
Local budgets
Special funds budget
Other creditors
TOTAL
1
1,747,431
1,755,147
2
1,872,031
2,739,436
3
1,831,372
2,682,858
4 = 3-1
83,941
927,711
-40,659
-56,578
-2.2
-2.1
51,748
14,054
6,709,720
10,278,100
54,222
70,175
6,015,808
10,751,672
67,905
67,738
5,755,890
10,405,763
16,157
53,684
-953,830
127,663
13,683
-2,437
-259,918
-345,909
25.2
-3.5
-4.3
-3.2
162
5 = 3-2
6
Annex no. 2
Situation of total arrears on ministries and the Authority for State Assets Recovery
by the date of 30.04.2006
- thousands RON -
Indicator
Achievements
30.04.2005
Achievements
31.12.2005
Comparable
prices
Comparable
prices
Achievement
s 30.04.2006
Differences
30.04.2006
compared to
Differences
30.04.2006
compared to
30.04.2005
31.12.2005
Differences
30.04.2006
compared
to
31.12.2005
(+/-)%
A
Ministry of
Economy and
Trade
Ministry of
Transport,
Constructions
and Transport
Authority for
State Assets
Recovery
OTHER
MINISTRIES
TOTAL
1
7,296,202
2
7,217,036
3
6,984,071
4 = 3-1
-312,131
5 = 3-2
-232,965
-3.2
1,827,397
2,380,992
2,219,908
392,511
-161,084
-6.8
996,764
1,150,850
1,197,867
201,103
47,017
4
157,737
2,794
3,917
-153,820
1,123
40
10,278,100
10,751,672
10,405,763
127,663
-345,909
-3.2
163
6
Annex no. 3
SITUATION OF THE ARREARS BY THE DATE 30 APRIL 2006
- Thousands RON MINISTRY
A
Ministry of Economy and
Trade
TOTAL ARREARS , out of:
General consolidated budget
Ministry of Transport,
Construction and Tourism
TOTAL ARREARS, out of:
General consolidated budget
Authority for State Assets
Recovery
TOTAL ARREARS , out of:
General consolidated budget
OTHER MINISTRIES
TOTAL ARREARS , out of:
General consolidated budget
OVERALL TOTAL
TOTAL ARREARS , out of:
General consolidated budget
PROGRAM
ACHIEVED
1
2
Deduction /
Exceeding
Thousands
RON
3
Share
in total
achieved
arrears (%)
%
4
5
7,133,559
1,163,376
6,984,071
1,148,763
-149,488
-14,613
-2.1
-1.3
67.1
55.3
2,522,492
597,754
2,219,908
597,735
-302,584
-19
-12
0
21.3
28.8
1,144,789
298,913
1,197,867
330,605
53,078
31,692
4.6
10.6
11.6
15.9
2,188
200
3,917
1,034
1,729
834
79
417
0
0
10,803,028
2,060,243
10,405,763
2,078,137
-397,265
17,894
-3.7
0.9
100
100
Note: The indicator “general consolidated budget” is not consisting in price increase
and/or delay penalties
164
Annex no. 4
SITUATION OF THE ARREARS BY THE DATE OF 30 APRIL 2006
- thousands RON No
crt.
MINISTRY/
ECONOMIC AGENT
PROGRAM
A
1
2
3
4
5
6
7
8
9
ACHIEVED
1
TOTAL Ministry of Economy and
Trade
Total arrears, out of :
General consolidated budget
National Company for Cooper,
Gold and Iron " Minvest" SA Deva
Total arrears, out of:
General consolidated budget
National Company for Oil SA Petrosani
Total arrears , out of:
General consolidated budget
National Company for Lignite
"Oltenia" SA- Tg. Jiu
Total arrears, out of:
General consolidated budget
National Company for Rare and
Non-ferrous Metals "Remin" SA Baia Mare
Total arrears, out of:
General consolidated budget
National Company for Uranium Bucuresti
Total arrears , out of:
General consolidated budget:
National Company for Transport
and Electric Energy
“Transelectrica” SA
Total arrears out of:
General consolidated budget:
National Company "ROMARM" SA
Bucuresti
Total arrears , out of:
General consolidated budget:
Trading Company “CUPRU MIN”
SA Abrud
Total arrears , out of::
General consolidated budget
Trading Company "I.A.R." SABrasov
Total arrears , out of:
2
Deduction / Exceeding
Thousands
RON
3
%
4
7,133,559
1,163,376
6,984,071
1,148,763
-149,488
-14,613
-2.1
-1.3
501,883
118,854
480,202
144,737
-21,681
25,883
-4.3
21.8
1,190,549
509,611
1,196,797
481,705
6,248
-27,906
0.5
-5.4
59,654
53,886
80,994
68,398
21,340
14,512
35.8
26.9
101,634
37,192
72,884
7,381
-28,750
-29,811
-28.2
-80.2
471
0
1,463
0
992
0
210.6
0
70,071
0
67,670
0
-2,401
0
-3.4
0
378,604
96,810
429,103
104,376
50,499
7,566
13.3
7.8
76,870
1,971
77,464
73
594
-1,898
0.8
-96.3
7,713
7,052
-661
-8.6
165
10
11
12
13
14
15
16
17
18
19
20
21
22
General consolidated budget
Trading Company “I.O.R.” SA
Bucharest
Total arrears , out of:
General consolidated budget
Trading
Company
"Minbucovina" SA
Vatra Dornei
Total arrears , out of:
General consolidated budget
Trading Company “Moldomin” SA
Moldova Noua
Total arrears , out of:
General consolidated budget
Trading Company “OLTCHIM” SA
Rm.Valcea
Total arrears , out of
General consolidated budget:
Autonomous Administration for
Nuclear Activities Drobeta Turnu Severin
Total arrears , out of:
General consolidated budget
Trading Company "Romaero" SA Bucuresti
Total arrears , out of:
General consolidated budget
Trading
Company
“Airplanes
Craiova” SA - Craiova, county Dolj
Total arrears , out of:
General consolidated budget
Trading Company “Miniera Banat”
SA - Anina
Total arrears , out of:
General consolidated budget
National Company for Coal SA Ploiesti
Total arrears , out of::
General consolidated budget
Trading Company “Stei” SA - Baita
Total arrears , out of:
General consolidated budget
Trading Company for Distribution
and Supplying of the Electric
Energy “Electrica” - SA Bucuresti
Total arrears , out of:
General consolidated budget
Trading Company for Production
of Electric Energy in Hidro- power
station “Hidroelectrica” - SA
Bucharest
Total arrears , out of:
General consolidated budget
Trading Company for Production
0
0
0
0
639
0
640
0
1
0
0.2
0
5,588
4,992
371
0
-5,217
-4,992
-93.4
-100
21,994
16,488
20,825
11,094
-1,169
-5,394
-5.3
-32.7
244,407
0
241,364
0
-3,043
0
-1.2
0
24,933
0
57,110
0
32,177
0
129.1
0
30,877
20,499
37,159
25,308
6,282
4,809
20.3
23.5
10,249
5,109
12,619
6,483
2,370
1,374
23.1
26.9
52,327
12,773
54,137
13,489
1,810
716
3.5
5.6
354,170
122,469
346,300
121,269
-7,870
-1,200
-2.2
-1
1,872
1,636
1,414
559
-458
-1,077
-24.5
-65.8
749,841
0
698,505
0
-51,336
0
-6.8
0
305,580
0
292,497
0
-13,083
0
-4.3
0
166
23
24
25
of Electric and Thermal Energy
“Termoelectrica”- SA Bucharest
Total arrears , out of:
General consolidated budget
National Company
“Nuclearelectrica”- SA Bucharest
Total arrears , out of:
General consolidated budget
National Company for Natural Gas
“Romgaz” SA Medias
Total arrears , out of:
General consolidated budget
National Company for Transoprt
Natural Gas “Transgaz” SA Medias
Total arrears , out of:
General consolidated budget
2,666,126
161,086
2,510,508
163,891
-155,618
2,805
-5.8
1.7
259,900
0
258,900
0
-1,000
0
-0.4
0
1,511
0
124
0
-1,387
0
-0.9
0
16,096
0
37,969
0
21,873
0
135.9
0
167
Annex no. 5
SITUATION OF ARREARS BY THE DATE OF 30 APRIL 2006
- Thousands RON No
crt
MINISTRY/
ECONOMIC AGENT
PROGRAM
A
1
2
3
4
5
6
7
8
9
ACHIEVED
1
Total Ministry of Transport,
Construction and Tourism
Total arrears, out of:
General consolidated budget
National Company "Administration
of Maritime Harbors Constanta" SA
Total arrears, out of:
General consolidated budget
National Company "Administration
of Navigable Waterways" SA
Total arrears, out of:
General consolidated budget
National
Company
Bucharest
International
Airport
HENRI
COANDA - OTOPENI SA
Total arrears, out of:
General consolidated budget
National Company for Highways
and Roads in Romania -SA
Bucharest
Total arrears, out of:
General consolidated budget
National Company for Railways “CFR”-SA
Total arrears, out of:
General consolidated budget
Trading
Company
“National
Company
for
Romanian
Air
Transports - TAROM” SA
Total arrears, out of:
General consolidated budget
SC METROREX SA
Total arrears, out of:
General consolidated budget
Autonomous
Administration
Fluvial Administration of Dunarea
de Jos GALATI
Total arrears, out of:
General consolidated budget
Autonomous
Administration
Deduction/ Exceeding
Thousands
RON
3
2
%
4
2,522,492
597,754
2,219,908
597,735
-302,584
-19
-12
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
31,569
0
26,405
0
-5,164
0
-16.4
0
350,000
0
66,556
0
-283,444
0
-81
0
1,469,342
540,579
1,469,124
540,570
-218
-9
0
0
0
0
0
0
0
0
0
0
12,752
0
1,775
0
-10,977
0
-86.1
0
0
0
0
0
0
0
0
0
168
10
11
Romanian
Register
for
Road
Vehicles
Total arrears, out of:
General consolidated budget
National Company for Persons
Railway Company - CFR CALATORI
SA
Total arrears, out of:
General consolidated budget
National Company for Merchandise
Railway Transport - “CFR-MARFA”
Total arrears, out of:
General consolidated budget
0
0
0
0
0
0
0
0
487,433
0
484,728
0
-2,705
0
-0.6
0
171,396
55,526
171,320
57,165
-76
1,639
0
3
169
Annex no. 6
SITUATION OF THE ARREARS BY THE DATE OF 30 APRIL 2006
- Thousands RON No
Deduction/ Exceeding
MINISTRY/
ECONOMIC AGENT
0
1
2
3
4
5
6
A
TOTAL Authority for State Assets
Recovery
Total arrears, out of:
General consolidated budget
AVERSA SA
Total arrears, out of:
General consolidated budget
ELECTROPUTERE SA
Total arrears, out of:
General consolidated budget
TRACTORUL SA
Total arrears, out of:
General consolidated budget
METALURGICA SA
Total arrears, out of:
General consolidated budget
SC RULMENTUL BRASOV SA
Total arrears, out of:
General consolidated budget
SC RAMIDACIA SA
Total arrears, , out of:
General consolidated budget
PROGRAM
ACHIEVED
1
Mii
lei
3
2
%
4
1,144,789
298,913
1,197,867
330,605
53,078
31,692
4.6
10.6
100,905
35,505
109,095
39,538
8,190
4,033
8.1
11.4
129,187
41,585
132,118
44,168
2,931
2,583
2.3
6.2
672,382
169,088
672,382
169,088
0
0
0
0
46,965
4,381
75,814
26,031
28,849
21,650
61.4
494.2
194,950
48,354
207,323
51,212
12,373
2,858
6.3
5.9
400
0
1,135
568
735
568
183.8
0
170
Annex no. 7
SITUATION OF THE ARREARS
BY THE DATE OF 30 APRIL 2006
- Thousands RON No
0
1
1.1
2
2.1
3
3.1
3.2
4
4.1
5
5.1
5.2
5.3
MINISTRY/
ECONOMIC AGENT
A
TOTAL OTHER MINISTRIES
Total arrears , out of:
General consolidated budget
NATIONAL BANK OF ROMANIA
AUTONOMOUS ADMINISTRATION
STATE MINT
Total arrears, out of:
General consolidated budget
MINISTRY OF ENVIRONEMENT AND
WATER MANAGEMENT
NATIONAL COMPANY “NATIONAL
INSTITUTE OF WEATHER FORECAST
AND HYDROLOGY AND WATER
MANAGEMENT SA
Total arrears, out of:
General consolidated budget
MINISTRY OF AGRICULTURE,
FORESTS AND RURAL DEVELOPMENT
AUTONOMOUS ADMINISTRATION OF
FORESTS
Total arrears, out of:
General consolidated budget
NATIONAL COMPANY FOR LAND
IMPROVEMENT SA
Total arrears, out of:
General consolidated budget
MINISTRY OF COMMUNICATION AND
INFORMATION TECHNOLOGY
NATIONAL COMPANY POSTA
ROMANA
Total arrears, out of:
General consolidated budget
MINISTRY OF CULTURE AND CULT
NATIONAL COMPANY FOR CORESI
PRESS SA
Total arrears, out of:
General consolidated budget
RADEF ROMANIAFILM
Total arrears, out of:
General consolidated budget
MINISTRY OF JUSTICE
AUTONOMOUS ADMINISTRATION
MULTIPRODUCT
Total arrears, out of:
General consolidated budget
PROGRAM
ACHIEVED
1
2
171
Deduction / Exceeding
Thousands
%
RON
3
4
2,188
200
3,917
1,034
1,729
834
79
417
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
60
0
59
0
-1
0
-1.7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
290
0
161
0
-129
0
-44.5
0
1,000
200
1,583
931
583
731
58.3
365.5
838
0
2,114
103
1,276
103
1,523
0
Annex 8
GMO traceability
Certified
seed
(from
import
and from
2005
harvest )
-MEW M issues the authorisation for
intentional release into the environment
-Law 214/2002
-MAFRD issues the import notification
based on the MEW M authorisation and
on MAFRD Order 257/2002
Seed
preserve
d from
the 2005
harvest
Seed
preserved
from the
2006 harvest
Dealers /
Depositories
Production
of 2006
-MAFRD -through the county DADR authorises the cultivators
-The crop control is performed by
MAFRD -MAFRD Order no. 237/2006 and
by the Environment Guard -Law 265/2006
Processing
Export
-NSVFSA controls
the traceability -GD
173/2006
-Out of the cultivators'
declarations, 50% of the area is
sown with the preserved seed
-The control is performed by MAFRD
through the county DADR - MAFRD
Order 237/2006
MW W M=Ministry of Environment and W ater Managem ent
MAFRD=Ministry of Agriculture, Forests and Rural Developm ent
NSVFSA=National Sanitary Veterinary and Food Safety Authority
NACP=National Authority for Consumers Protection
GD = Government Decision
-MAFRD will control the stocks
-GD on stocks management is
under elaboratione
(deadline for adoption- 1 Sept.
2006
-NACP
controls the
labelling
-GD 106/2002
-NSVFSA controls the
traceability -GD
173/2006
-Export customs
declaration
HG 707/2006
172
Internal
market
Import of seed
for
multiplication in
2006
The import was conditioned by
the existence of a production
export contract - No import
applications were submitted
Production of
see in Romania
in 2006
No applications were submitted.
Control -MAFRD through the
Territorial Inspectorates for Seed
Quality, Law 266/2002
Certified seed
2007
The sources were
eliminated
Import 2007
Forbidden based on
Law 265/2006
Stocks from the
2004 and 2005
harvest
Monsanto and Pioneer,
the only authorised
producers, declare a
zero stock in May 2006
173
Annex 9
EVALUATION OF AGRI-FOOD ESTABLISHMENTS
(10.07.2006)
Sector
Number of establishments at 01.01.2006
Number of establishments at
10.07.2006
Out of which
Out of which
Total
Total
Red meat
Milk
Poultry
Units deffinitevly closed
01.01.
2006-30.06.
2006
01.06.
2006 – 30.06.
2006
A
B
C
D
423
31
288
91
13*
150
31
279
361
49
217
75
20**
117
28
2
12
52
24
22
6
0
6
2
10
0
20
33
13
19
0
1***
10
3
367
51
627
869
117
546
172
34
283
64
A
B
C
D
571
19
211
25
316
470
41
126
24
53
19
20
43
13
1137
92
Fish
Total
1 * Units that have investments programs for new objectives (the existing units can function until the entering into force of GD no. 924/2005 and
925/2006 – 01.10.2006)
** Units that have investments programs for new objectives (the existing units can function until the entering into force of GD no. 924/2005 and
925/2006 – 01.10.2006)
*** Unit that has an investment program for new objectives (the existing unit can function until the entering into force of GD no. 924/2005 and 925/2006
– 01.10.2006)
2. From the beginning of 2006, 15 new establishments have been approved (the difference between the total number of establishments at 01.01.2006,
the number of establishments at 30.06.2006 and units closed in 2006).
175
Annex 10
Romanian border police operative results
01.05 – 25.06.2006
1.
Persons and vehicles traffic
During 01.05 – 25.06.2006, traffic values recorded in the Border Crossing Points were as
follows: 4,359,001 persons (2,536,744 Romanians and 1,822,257 aliens) and 1,170,410
vehicles crossings.
2. Legal procedures developed for countering cross border crime including illegal
migration
During the reference period a number of 11,674 illegal acts were found (2,577 crimes and 9,097
persons having committed illegal acts), most of them in the fields of persons illegal migration,
goods smuggling and illegal fishing. On crimes category, the situation is the following:
Crimes
Attempt to illegally enter/exit the country
Guiding
False and use of false
Weapons - ammunitions
Drugs
Stolen cars
Romanians having illegally crossed another
states border
Financial – economic crimes
Other crimes
TOTAL
01.05 – 25.06.2006
597
16
758
20
17
3
189
60
917
2,577
In the field of finding and sanctioning the minor offences, a number of 9,097 persons were
sanctioned (6,900 Romanians and 2,197 aliens), with minor offences fines in a value of
approximately 0.39 million RON.
2.1 Legal procedures performed towards Romanian nationals = 13,407 persons
Out of the total number of the Romanian nationals that wanted to exit Romania (1,347,469
persons) a number of 1,335,015 persons effectively exited Romania, a number of 12,454
Romanians being subject to refusal of exit for not fulfilling the travel conditions provided by the
legislation into force. Out of 1,335,015 Romanians that exited the country, a number of 462,977
persons stated that they were travelling to the Schengen states, representing approximately
34.6 % from the total number of persons that exited the country travelling to other states. From
the other states borders a number of 2,288 Romanians were returned for having legally exited
the country, the reasons being the violation of the laws into force in those states or the existence
of the interdiction measure for a determined period.
At the green border
At the border, a number of 22 Romanian citizens were found, out of which a number of 20
Romanian nationals tried to illegally exit the country, by illegally crossing the green border and a
number of 2 Romanian nationals tried to illegally enter the country.
Romanian nationals found in the competency area
During the analysed period a number of 931 Romanian nationals were also found (416 in the
border crossing points and 515 in the competency area), violating the legislation into force,
against them the legal measures being undertaken (the facts committed are not related to illegal
migration).
176
Returned Romanians
During the analysed period the legal measures were undertaken (including the criminal filed for
different criminal acts), against a number of 3,720 Romanians returned. The percentage of
returned persons, namely 0.27%, comparing to the number of persons that exited Romania,
proves the decrease of the number of criminal acts committed by Romanian nationals in other
states.
2.2. Legal procedures performed towards aliens = 7,818 persons
In the border crossing points = 7,659 persons
The entry in Romania was refused, for different legal reasons, for a number of 7,382 aliens. The
exit from Romania was refused, for different legal reasons, for a number of 277 aliens.
At the green border
During this period of time, a number of 124 aliens were found, out of which a number of 30
persons illegally entered Romania and 94 persons tried to exit Romania by illegally crossing the
state border.
Aliens found in the competency area
In the competency areas, a number of 35 aliens were also found violating the legislation in
force, against them the legal measures being undertaken (the facts committed are not related to
the illegal migration).
3. Main findings
From the analysis of the operative situation recorded at Romanian borders, during the reference
period the following aspects are to be mentioned:
Illegal migration
Findings:
-
6 illegal migration networks, with 133 persons involved
-
16 guides/carriers – Romanian nationals - with their support different persons were trying to
illegally cross the border by using different methods.
Trafficking in human beings
7 networks of trafficking in human beings were dismantled, involving 56 traffickers (53
Romanians and 3 aliens) and 32 victims (28 women and 4 children) were identified.
177
Annex 11
Programs and projects
developed by the institute for crime prevention and research
Programs and projects continued through internal collaboration:
-
The robbery prevention program “Your safety matters”. A methodology for analysis was
made and submitted to all counties regarding this type of criminality, and an overview
document was elaborated based on the materials submitted by territorial criminality analysis
and prevention units. Based on the frame program for preventing robberies, which was
submitted to all local structures on the results of local analyses, all crime analysis and
prevention units have drawn up their own projects. The program is being carried out and
local activities are permanently supervised and a preliminary evaluation is scheduled for the
end of June.
-
The partnership program for preventing and combating road accidents. The main
partners are: The Ministry of Education and Research, Bucharest City Hall – The Directorate
for Road and Traffic Systems, Romanian Road Authority, Victims of Traffic Accidents
Association, Romanian Auto Registry. As part of this program, an analysis of the traffic
accidents in the 2001-2005 period, accidents caused by the pedestrian indiscipline and
excessive speed has been conducted, support materials have been elaborated and
distributed and audio and video clips have been recorded.
-
The Campaign for preventing corruption “Say no to corruption!”. As part of this
campaign, a video clip containing anticorruption messages has been filmed and released on
the central and local TV stations and posters have been printed and distributed to the
criminality analysis and prevention territorial structures, in order to be posted to in police
stations, in the rooms destined for working with the public. A meeting was organized on 29
May, in Calarasi County, which was attended by representatives of patronages, unions,
Ministry of Education and Research, Ministry of Justice, local council representatives from
Calarasi County and prevention officers from neighbouring counties. The meeting was a
phase of the “Say no to corruption!” Campaign and it’s aim is to form a working group which
will draw up action plans at local level in order to provide the population with precise
information over the costs and risks brought on by acts of corruption.
-
The program for preventing domestic violence, carried out in Botosani county, in
partnership with the “Active” Association and the Swiss Directorate for development and
cooperation. The first stage consists in establishing a local team that will meet on a monthly
basis, and consultative commissions in large cities, towns and county residences.
-
Promoting good governance in multicultural communities. Access and participation
of ethnic minorities to public life (carried out by the Institute for Crime Prevention and
Research in partnership with the Cluj Centre for Ethnic and Cultural Diversity). A community
meeting was organized on 16 May 2006, in Valcea County, attended by police workers from
crime prevention & analysis and public order structures, chiefs of police units from 4
counties as well as representatives of the local community and the Roma community from
these counties. The second phase of the project was finalized through this meeting.
-
The Project for preventing and countering violence in schools “Let’s expel violence”,
elaborated in collaboration with the Directorate for Criminal Investigations, the Directorate for
Public Order Police and the Ministry of Education and Research. The program is currently
being carried out and the local activities are monitored permanently.
-
The Project for preventing and countering sexual abuse on minors, elaborated in
collaboration with the Directorate for Criminal Investigations, the Directorate for Public Order
Police and the Ministry of Education and Research. The program was submitted to all
178
County Police Inspectorates for local implementation. The program is currently being carried
out and the local activities are monitored permanently.
Programs and projects continued through international collaboration:
-
Developing the conflict-solving capacities of the Romanian Police, carried out in
partnership with the Danish Centre for Conflict Solving and the Iasi Regional Centre for
Facilitation and Negotiation. 309 police workers from proximity structures and village police
units from 11 counties were trained in 15 seminars in the area of human rights, conflict
solving and preventing discrimination.
-
Cooperation Memorandum regarding the Strategic Initiative: Roma citizens and the
Romanian Police, carried out in partnership with OSCE/ Office for Democratic Institutions
and Human Rights – The Contact Point for Roma citizens and Sinti, Romani CRISS. A
training course was organized for 20 police officers from territorial analysis and prevention
structures and from other structures, on the theme “General training on evaluating police
activities in relation to the Roma minority”. A meeting was organized on 31 May with deputy
directors from Public Order, Criminal Investigations, Criminal prosecution and Internal
Inspection structures and the Service for Special Interventions and Actions with the aim of
discussing aspects connected to the relation with Roma minorities in operational activities.
Experts from the above mentioned structures were interviewed regarding the clarification of
some specific problems related to the relations with the Roma minority. The international
Conference regarding the implementation and harmonizing of national policies related to the
Roma/sinti was held on 4 and 5 May, in Bucharest. The representatives of the Institute for
Crime Prevention and Research presented the progresses registered by the Romanian
Police in the relations between the Police and the Roma communities; the document was
also the base for discussions at the workshop with the same name.
-
The project “Child protection in Romania”, carried out in collaboration with the Academy
for Managers in Munster, Germany. A practical training seminar was organized and carried
out on 12 and 13 June in Sibiu, on “Violence in schools – manifestations and methods of
prevention”.
179
Annex 12
Statistical data in the field of combating money laundering
01.05-01.07.2006
1. Cash savings/deposal and withdrawn reports for amounts higher than 10,000 Euro
•
Total number of received reports: 14,105
a) Banks – 1484 reports;
b) Other institutions – 12,621 reports, out of which:
•
-
real estate enterprises: 17
-
exchange offices: 38
-
companies within the gambling/pawn field: 64
-
other legal persons: 34
-
treasury: 110
-
notaries: 12,285
-
insurances societies: 3
-
postal offices: 25
-
financial investments : 32
-
other financial institutions: 13
Total number of operations: 1,900,947:
a) by natural persons: 84,595;
b) by legal persons: 1,816,352
•
Total amounts included in the reports: 6,815 million Euro
a) deposal amounts – 4,103 million Euro;
b) withdrawn amounts – 2,712 million Euro.
2. External transfer reports in and out of accounts for amounts whose minimal limit is the
equivalent in RON of 10,000 Euro
•
Total number of received reports: 1,518 (only from banks)
•
Total number of operations: 199,258
a) made by natural persons: 10,339
b) made by legal persons: 188,919
•
Total amounts included in reports: 28,756 million Euro
a) amounts entered in Romania – 14,256 million Euro;
b) amounts which left Romania– 14,500 million Euro.
3. Suspicious Transactions Reports
•
Total number of received reports: 546
a) reporting entities – 453
-
banks: 414;
-
casinos: 25;
-
lawyers: 1;
180
-
money transfer firms: 2;
-
other legal persons: 2;
-
natural persons: 7;
-
financial investments firms: 1
-
anonymous: 1
b) institutions of financial control and prevention surveillance – 73 reports;
-
Financial Guard: 42;
-
Ministry of Public Finances: 11;
-
National Customs Authority: 11;
-
BNR: 9;
c) Notifications from the law enforcement agencies – 20 reports;
-
PICCJ: 9;
-
DNA: 2;
-
MAI: 8;
-
courts: 1
4. Situation of the controls:
•
Number of controls: 17 (15 – real estate agencies, 2 – companies performing gambling
activities)
•
Amount of fines – 150,000 RON
•
Warnings – 11.
5. ONPCSB sent 31 notifications to PICCJ.
181

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