Legislative newsletter 23rd March 2016

 

LEGISLATIVE NEWSLETTER



The document covers the following:

• Order no. 134/2016
• Order no. 138/2016
• Order no. 588/2016
• Decision no. 47/2016
• Order no. 143/2016
• Order no. 125/165/2016
• Order no. 103/2016
• Order no. 94/137/2016
• Order no. 1387/2016
• Order no. 24/30/8147/2016
• Order no. 726/2016


Order no. 134/2016

Order no. 134 of 27.01.2016, published in the Official Gazette Part I no. 88 of 05.02.2016, regarding the approval of the procedure for validating the professional experience in order to recongnise the professional experience accumulated in Romania by individuals who wish to fulfill the activities listed in the Annex IV from Directive 2005/36/EC of European Parliament and Council regarding the professional calification, in other EU, SEE or Swiss Confederation.

The present order transposes the provisions of art. 16-19 of Directive 2005/36/EC of European Parliament and Council from 07.09.2005 regarding the professional calification recognition.

Order no. 138/2016

Order no. 138 of 27.01.2016, published in the Official Gazette Part I no. 93 of 08.02.2016, in order to modify Article 3 from Methodology of allocation of amounts from the state budget, through the budget of The Ministry of Labour, Family, Social Protection and Elderly, non-governmental organizations stated at Article 98 from Law no. 448/2006 regarding the protection and promotion of the rights of the persons with disabilities, approved by the Order of the minister of labour, family, social protection and elderly no. 399/2013, includes the following remarks:

According to Article 98 from Law no. 448/2006 regarding the protection and promotion of the rights of the persons with disabilities: „(1) Association of the Blind from Romania, the Association of War Invalids from Romania, the National Association of the Deaf from Romania, the National League of Organizations with Handicapped Personnel from the Craftsmanship Cooperative and the National Council of Disability from Romania can receive amounts from the state budget, through the budget of The Ministry of Labour, Family and Social Protection within the conditions established by the methodological norms for applying the provisions of the present law, according to the budgets of incomes and expenses, annually approved”.

The present Order modifies Article 3 from the Methodology of allocation the amounts provided above, methodology approved by the Order no. 399/2013.

Order no. 588/2016

Order no. 588 of 01.02.2016, published in the Official Gazette Part I no. 93 of 08.02.2016, in order to approve the format and the content of the form (300) „Expense account of Value-Added Tax”

The present Order modifies the format, the content, and also the completion instructions of the form (300) „Expense account of Value-Added Tax”. VAT expense account provided by the present Order is used starting with stating the tax liabilities afferent to the first fiscal period from 2016.

Decision no. 47/2016

Decision no. 47/2016 of 03.02.2016, published in the Official Gazette Part I no. 100 of 09.02.2016, in order to modifiy the Methodological norms of application the Law no. 227/2015 regarding the Fiscal Code, approved by the Government Decision no. 1/2016.

At Title VIII „Excises and other special taxes”, at point 154, lines (2) and (4), there will be the following content: „(2) In order to approve the provisions of article 426, line (5) from Fiscal Code, the commercial operators that are selling substances used for labeling and coloring the black oil products and assimilated products, in regards to the level of excises, will be registered to the territorial customs authority. The registration is made on the basis of the request file, its format being provided in Annex no. 44, which is an integral part of the present methodological norms. Within two working days from the application submission, the territorial customs authority records the request in a special register created for this purpose, if there were provded the documents from Line (4).
(4) The commercial operators that are selling substances used for labeling and coloring the black oil products and assimilated products, in regards to the level of excises, can deliver the used substances for labeling and coloring after the registration at the customs authority according to Line (2). The territorial customs authority registers the commercial operators that are merchandising if they present a certificare of analysis, issued by the manufacturer or issued by a laboratory accredited in Romania or in other member-state of European Union, in accordance with ISA 17025 standard, which certifies that the commercialized substances meet the requirements provided at Line (1), regarding dye”.

Order no. 143/2016

Order no. 143 of 28.01.2016, published in the Official Gazette Part I no. 101 of 10.02.2016, regarding the modification of the Order of the minister of labor, family, social protection and elderly no. 594/2013 in order to approve the List of Romanian standards which adopt the adjusted European standards regarding the individual protection equipments.

Order no. 125/165/2016

The Joint Order no. 125 of 28.01.2016, of the Ministry of Public Finance and no. 165 of 01.02.2016 of the Ministry of Labor, Family, Social Protection and Elderly published in the Official Gazette Part I no. 105 of 10.02.2016, in order to approve the procedure of issuing and of format of the social voucher for kindergarten, provided by Law no. 248/2015 regarding the stimulation of participation within preschool education of children from disadvantaged families.

Order no. 103/2016

Order no. 103 of 22.01.2016, published in the Official Gazette Part I no. 106 of 11.02.2016, regarding the approval of the Application instructions for the exemption of VAT for the operations provided at Article 294 Line (1) letters a) – j), Article 294 Line (2) and Article 296 from Law no. 227/2015 regarding the Fiscal Code.


Order no. 94/137/2016

The Joint Order no. 94 of 20.01.2016, of the Ministry of Public Finance and no. 137 of 08.02.2016 of the Ministry of Regional Development and Public Administration published in the Official Gazette Part I no. 122 of 17.02.2016, regarding the approval of some standardized forms in order to obtain the necessary information for the mandatory achievement of the automatic exchange of information according to Article 291 from Law no. 207/2015 regarding the Code of fiscal procedure, includes the following remarks:

The present Order approves the following standardized forms:

1) Annex for the Fiscal declaration to establish the taxation/tax on residential/non-residential/mixed destination, under the individuals’ property – Annex-Format 2016 ITL – 001;
2) Annex for the Fiscal declaration to establish the taxation/tax on residential/non-residential/mixed destination, under the judicial persons’ property – Annex-Format 2016 ITL – 002;
3) Annex for the Fiscal declaration to establish the taxation/tax on terrain for individuals – Annex-Format 2016 ITL – 003;
4) Annex for the Fiscal declaration to establish the taxation/tax on terrain for judicial persons – Annex-Format 2016 ITL – 004.

Order no. 1387/2016

Order no. 1387 of 11.11.2015 published in the Official Gazette Part I no. 122 of 17.02.2016, in order to approve the agreement on commercialization of travel packages.

Order no. 24/30/8147/2016

The Joint Order no. 24 of 15.02.2016 of the Ministry of National Security, no. 30 of 12.02.2016 of the Ministry of Domestic Affairs, no. 8147 of 12.02.2016 of the Romanian Information Service published in the Official Gazette Part I no. 130 of 19.02.2016, in order to approve the Methodology of the preparation of the retirement dossier.

The present Order approves the methodology of the preparation of the retirement dossier – for the state military pensions.

Order no. 726/2016

Order no. 726 of 17.02.2016, published in the Official Gazette Part I no. 136 of 22.02.2016, in order to approve the format and the content of the form (012) „Notification regarding the modification and the annual/quarterly system for declaring and payment of income tax”, includes the following remarks:

The present Order approves the format, the content, and also the completion instructions of the form (012) „Notification regarding the modification and the annual/quarterly system for declaring and payment of income tax”.
On the publishing date of the present order there is repealed the Order of the president of the National Agency for Fiscal Administration no. 1994/2012, in order to approve the format and the content of the form (123) „Notification regarding the modification and the annual/quarterly system for declaring and payment of income tax”.