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Romanian Legal Week in brief: April 24-28, 2017

Adina Oprea
Adina
Oprea

Amendments on the eligibility rules for expenditure under the Internal Security Fund and the Asylum Fund. Draft

On Monday, the 24th of April 2017, the Ministry of Internal Affairs launched in public debate the draft of the Order of the Minister of Internal Affairs for the amendment and completion of  Order no. 76/2015 of the Deputy Prime Minister, Minister of Internal Affairs, on the eligibility rules for expenditure under the Internal Security Fund and the Asylum, Migration and Integration Fund.

:: Draft

:: Approval report

 

Amendments regrading the organization of the Ministry of Agriculture and Rural Development. Draft

On Friday, the 21st of April 2017, the Ministry of Agriculture and Rural Development launched in public debate the draft Decision for amending the Government Decision no. 30/2017 on the organization and functioning of the Ministry of Agriculture and Rural Development, as well as for the amendment of art. 6 par. (6) of the Government Decision no. 1.186/2014 on the organization and functioning of the Authority for the Administration of the National Anti-Hail and Precipitation System.

 

Methodological Norms for the Application of GEO on the Introduction of Modern Payment Systems. Draft

On Friday, 21st of April  2017, the Ministry of Public Finance launched in public debate the draft Decision on the approval of Methodological Norms for the application of Government Emergency Ordinance no. 193/2002 on introducing modern payment systems.

:: Draft

:: Substantiation note

 

The HCCJ admits a request for review of D&B David and Baias lawyers on the grounds of breaching the principle of European law priority

The application for review was based on the infringement of Directive 90/435 / EEC, its provisions being transposed into national law by the adoption of art. 117 letter (h) of the Tax Code and which, when exempting the dividends that meet the requirements of the Directive, from paying withholding tax, uses the concept of “dividend distribution” and not “payment” of dividends, as the text does under National law.

The application was based on the reason regulated under art. 21 par. 2) of Law no. 554/2004, consisting of the infringement of the primacy of European Union law principle.

 

Establishment of the National Credit Guarantee Fund for Small and Medium Enterprises S.A. – IFN. Draft 

On Tuesday, 25th of April 2017, the Ministry of Public Finance launched in public debate the draft of the Government Decision no. 1.211 / 2001 on the establishment of the National Credit Guarantee Fund for Small and Medium Enterprises S.A. – IFN.

:: Draft

:: Substantiation note

 

Amendments on the management and use of non-reimbursable external funding and national public co-financing for the “European Territorial Cooperation” objective 2014-2020 | Draft

On Tuesday, 25th of April 2017, the Ministry of Regional Development, Public Administration and European Funds launched in public debate the draft of Law for amending and supplementing the Government Ordinance no. 29/2015 on the management and use of non-reimbursable external funding and national public co-financing for the “European Territorial Cooperation” objective, 2014-2020.

:: Draft

 

National Waste Management Plan and National Waste Prevention Plan | Draft

On Thursday, the 27th April 2017, the Ministry of Environment, through the General Directorate for Waste, Contaminated Sites and Dangerous Substances, launched the draft for the National Waste Management Plan and the National Waste Prevention Plan.

:: Draft

 

The Government amended the methodological norms for the application of the Tax Code

On Thursday, the 27th April 2017, the Government amended and supplemented the methodological norms for the application of the Tax Code in respect of corporate income tax, micro-enterprise income tax, income tax, statutory social contributions and value added tax, according to a Government press release.

The amendments bring clarifications and examples of the implementation of the measures introduced by the Government Emergency Ordinance no. 84/2016 for the amednment and completion of certain normative acts in the financial-fiscal field and by Government Emergency Ordinance no. 3/2017 for amending and completing Law no. 227/2015 regarding the Tax Code.

The European Commission will refer to the CJEU ref. non-compliance by Romania with the Waste Framework Directive
On Thursday, the 27th April 2017, the European Commission sent Romania to the Court of Justice of the European Union for failing to review and adopt its national waste management plan and waste prevention program in line with the objectives of the Waste Framework Directive (Directive 2008/98 / EC) and of the circular economy.

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