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Romanian Legal Week: June 6-12, 2016

Adina Oprea
Adina
Oprea

The National Agency for Fiscal Administration. Statement 394 can be tested prior to August 1, 2016
A group of 25 firms, both large and small taxpayers, have expressed the desire to test the Statement 394 and to communicate constantly with the specialists of the National Agency for Fiscal Administration, in order to identify and resolve possible technical problems, according to a NAFA release, published on Friday, 3rd June 2016. There are two types of applications that can be tested from July this year: Soft J – Java program, suitable to taxpayers who use accounting computer software that generates reports in .XML format and A Soft – editable PDF file, suitable for taxpayers with an average economic activity, generating a small number of records per month.

Andreea Vicovan
Andreea
Vicovan

A consortium of banks designated to provide intermediation and to sell government securities to the public
In order to initiate a new issuance of government securities to the public – the edition of  “CENTENAR” within the FIDELIS programe, the Ministry of Finance concluded in a first stage, the selection process for intermediaries who will provide sales and distribution of the issuance, according to a release of the Ministry of Finance, published on Friday, 3rd June 2016.

In these circumstances, the Romanian Commercial Bank, BRD – Groupe Societe Generale, Transilvania Bank and Raiffeisen Bank were chosen to ensure the management of such programs, BCR holding the role of lead manager and payment agent.

Conditions for selling tobacco products | Draft
The Ministry of Health launched for public debate on 5th June 2016, the draft of the Emergency Ordinance for establishing the conditions for manufacture, presentation and sale of tobacco products and related products and for amending the Law no. 349/2002 on preventing and combating the effects of tobacco products.

Completion of the Addendum to the Law on Romania’s Cooperation with the European Police Office | Draft
The Ministry of Internal Affairs has launched for public debate on Monday, 6th June 2016, the Addendum Draft Decision for completion of the Addendum on Law no. 55/2012 regarding Romania’s cooperation with the European Police Office (Europol).

Amendments to Regulation of operation of the General Directorate of Passports | Draft
The Ministry of Internal Affairs has launched for public debate on Monday, 6th June 2016, the Draft Order amending the Annexes no. 3, 4 and 5 of the Regulation of organization and operation of the General Directorate of Passports, approved by Decree no. 288/2011 of Ministry of Administration and Interior.

Amending the Law on the Functioning of the Romanian Broadcasting Corporation and the Romanian Company of Television | Draft
The Ministry of Finance released for public debate on Tuesday, 7th June 2016, the Draft Order amending and supplementing the Law no. 41/1994 on the organization and functioning of the Romanian Radio Broadcasting Corporation and the Romanian Television Company.

Amending the Law on healthcare reform | Draft
The Ministry of Health launched to public debate on Tuesday, 7th June 2016, the Draft of Emergency Ordinance amending and supplementing the Law no. 95/2006 on healthcare reform.

The Government may issue simple ordinances during parliamentary recess
The Executive approved in its meeting from 8th June 2016, the draft law on enabling the Government to issue simple ordinances during parliamentary recess in areas subject of ordinary laws, according to a release of the Romanian Government.

The main areas of enabling the Government are public finance and economy, regional development and public administration, health, home affairs, justice, culture, European funds, agriculture and rural development, transport, communications and information society.

New features of the Electronic Public Procurement System
Starting Wednesday, 8th June 2016, following the adoption and publication of the methodological rules for the application of provisions concerning the award of public/sectorial/framework-agreement procurement contract,novelty items can be found in the Electronic System of Public Procurement, according to a press release issued by the Romanian Agency for Digital Agenda.

Regulation for organisation and functioning of the National Integrity Agency
In the Official Gazette of Romania, Part I, no. 429 dated June 8, 2016 was published Order no. 7962/2016 of the President of the National Integrity Agency for approving the organization and functioning of the National Integrity Agency.

The Competition Council analyzes the takeover of Universal Limited Romgreen by Green Holdings Limited
The Competition Council initiated an investigation regarding the economic concentration to be achieved through the takeover of Romgreen Universal Limited (Cyprus) together with other companies controlled by it by Green Holdings Limited (Cyprus) – member of Abris Group, according to a release issued by the  Competition Council on 8 June 2016. The companies in Romania, subject to the transaction, are active in the waste management services sector.

Technical rules on disinfection in hospitals | Draft
The Ministry of Health launched for public debate on Thursday, 9th June 2016, the Draft Order approving the technical rules on cleaning, disinfection and sterilization in hospitals.

The Competition Council analyzes the takeover of  Petrofac Facilities Support Solutions & Expert Petroleum SRL by SPV SARL Luxembourg
The Competition Council investigates  the economic concentration to be performed through the  takeover of Petrofac Facilities Support Solutions & Expert Petroleum SRL Romania by SPV SARL Luxembourg, as per the release isued by the Competition Council on 9 June 2016.

The Council of the Financial Supervisory Authority rejected the file IIC for the takeover of Carpatica Insurance
The Council finalised, during its meeting on 9 June 2016, the legal procedure for analyzing the file submitted by International Insurance Consortium (IIC), for the take over of a package of 100% of shares of Carpatica insurance SA.

FSA noted the failure to observe several conditions stipulated by Law no. 237/2015, from the lack of a clear financial capacity to support the insurer`s recovery  to the diffuse shareholding structure of the potential investor.

Adina Elena Oprea
Andreea Vicovan

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