Contains:
• Law no. 72/2013
• Emergency Ordinance no. 19/2013
• Order no. 378/2013
• Resolution no. 1344/2012
• Law. 100/2013
Law no. 72/2013
Law no. 72 of 28 March 2013 published in the Official Gazette Part I, no. 182 of 02.04.2013,
regarding measures for combating the delay in the execution of some payment obligations resulted
from concluded contract between professionals and between them and the contracting authorities,
makes the following mentions:
Art. 1 – (1) The present law shall apply to certain claims, liquid and chargeable consisting in
payment obligations of some amount of money resulted from an agreement between professionals
or between them and a contracting authority, the contract covering the provision of goods or
services, including the design and execution of public works, buildings and civil engineering works.
(2) there are not included in the scope of the present law:
a) the claims registered at the statement of affairs within an insolvency procedure and
those which are the subject of an ad-hoc warrant agreement or an agreement concluded as a result
of an extrajudicial negotiation of restructuring the liabilities of a company;
b) the contract signed between professionals and consumers.
…………………………………………………………………………………………………………………………………………..
Art. 3 – (1) In the relations between professionals, the claim consisting in the price of the delivered
goods or the fee for the provided services, produces penalty interests if:
a) the creditor, including its subcontractors, have fulfilled their contractual obligations;
b) the creditor did not received the amount owed at due date, unless the delay is not imputed
to the debtor.
…………………………………………………………………………………………………………………………………………..
Comment: The present law transposes the Directive 2011//EU of the European Parliament and the
Council of 16 February 2011 on combating late payments in commercial transactions, published in
the EU Official Journal, L series, no. 48 of 23 February 2011.
Emergency Ordinance no. 19/2013
Emergency Ordinance no. 19 of 27 March 2013 published in the Official Gazette Part I, no. 183 of
02.04.2013, amending and supplementing the Government Ordinance no. 137/2000 on preventing
and sanctioning all forms of discrimination, makes the following mentions:
Comment: The present Emergency Ordinance transposes the provisions of the Council Directive
2000/43/EC of 29 June 2000 on implementing the principle of equal treatment between persons,
regardless of race or ethic origin, published in the Official Journal of the European Communities
(OJEU), L series, no. 180 of 19 July 2000 and the provisions of the Council Directive 2000/78/EC of
27 November 2000 on establishing a general framework in favor of equal treatment, regarding
employment process, published in the Official Journal of the European Communities (OJEU), L
series, no. 303 of 2 December 2000.
Order no. 378/2013
Order no. 378 of 01 April 2013, published in Official Gazette Part I, no. 199 of 09.04.2013,
amending and supplementing the Instructions for the application of the Title IX of Government
Ordinance no. 92/2003 regarding the Fiscal Procedure Code, makes the following remarks:
Comment: This order brings new regulations about the appeals of the fiscal administrative acts.
Among the changes brought to this order are:
• adding to the appeal file the proof of the attacked tax administrative act communication
from which to result the date it was communicated.
• the deadline which ends in a legal holiday or when the work is suspended (e.g. weekly rest
days) will be extended until the end of the next working day;
• clarifications over the term the appeals are submitted;
• the possibility of withdrawing the appeal entirely or partially.
Resolution no. 1344/2012
Resolution no. 1344 of 27 October 2012, published in Official Gazette Part I, no. 210 of 13.04.2013,
amending and supplementing the Mediation Training Standard approved by the Decision of the
Mediation Council no. 12/2007, makes the following mentions:
The mediation training standard shall be amended and supplemented as follows:
Art. 3.1 (1) The trainer in mediation, both in the initial training field and in continuous training, may
carry on his activity within a single training provider accredited by the Mediation Council.
(2) A training provider in the mediation field in the meaning of Law, can be authorized by the
Mediation Council if it satisfies the following conditions:
a) demonstrates a contract with minimum a senior trainer, authorized by the Mediation Council, with
at least 5 years experience in the mediation training;
b) proves the existence of a collaboration contract with an examiner registered in the Examiners
and Assessors Board, accredited by the Mediation Council, which functions as an internal examiner
in the examining commissions of the concerned training provider;
c) the main trainer developed alone or with a manual/course support approved and authorized by
the Mediation Council.
Law no. 100/2013
Law no. 100 of 15 April 2013, published in Official Gazette Part I, no. 211 of 15.04.2013, regarding
the approval of Government Ordinance no. 16/2012 amending and supplementing the Government
Ordinance no. 92/2003 regarding the Fiscal Code, makes the following remarks:
Art. 83, para. (3.3) from the Fiscal Code is amended and will have the following content:
(3.3) As an exception to the provisions of para. (3.1) (the date of filing the tax declaration by electronic
means on e-Romania portal), in the situation in which the tax declaration was submitted until the
legal deadline, and the electronic message sent by the transaction system shows that the
application was not validated as a result of some errors found in completing the declaration, the
date when the declaration was submitted is the date from the message initially sent in case the
taxpayer submits a valid declaration until the last day of the month in which the legal deadline is
reached.