Legislative Newsletter October 27th, 2014

• Decision no. 607/2014
• Ordinance no. 4/2014
• Order no. 1843/2014
• Order no. 981/2014
• Order no. 982/2014
• Emergency Ordinance no. 58/201

 Decision no. 607 of July 23^rd, 2014, published in the Official Gazette Part I no. 554 of July 28^th, 2014, on the approval of the contents and format of graduation documents to be issued to the graduates of cycle I – bachelor’s degree programs, specifies as follows:

 

Comment: According to this decision, the graduation documents issued in the national higher education system for the graduates of cycle I – bachelor’s degree programs, who were registered starting with the academic year 2011 – 2012, are the following:

• The bachelor’s degree;
• The engineer’s degree;
• The degree in urban planning

Ordinance no. 4 of July 23^rd, 2014, published in the Official Gazette Part I no. 556 of July 28^th, 2014, on the extension of certain time limits stipulated by Government Emergency Ordinance no. 2/2014 amending and supplementing Law no. 95/2006 on healthcare reform, and amending and supplementing certain regulatory acts, specifies as follows:

Comment: This order extends the time limits stipulated by Article I points 7,13,18,19,21,23,25,26,28,30,52,54,86 and 91, and Article VII paragraph (1) of Government Emergency Ordinance no. 2/2014 until January 1^st, 2015.

Order no. 1843 of September 18^th, 2014, published in the Official Gazette Part I no. 707 of September 29^th, 2014 on the entry into force of certain international treaties, specifies as follows:

Article 2 – The Protocol between the Government of Romania and the Council of Ministers of Bosnia and Herzegovina on the implementation of the Agreement on the readmission of persons residing without authorization entered into force on March 11^th, 2014.

 

Article 3 – The Protocol between the Government of Romania and the Government of the Republic of Turkey on the amendment of the Agreement on mutual visits of their citizens entered into force on March 12^th, 2014.

Article 5 – The Cooperation Agreement between the Romanian Ministry of Labor, Family, Social Protection and the Elderly and the Federal Public Service Employment, Labor and Social Dialogue of the Kingdom of Belgium in the field of work and employment entered into force on March 26^th, 2014.

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Article 12 – The Agreement between the Government of Romania and the Government of the United States of America regarding the educational and scholarly exchanges administered by the Romanian-U.S. Fulbright Commission entered into force on May 29^th, 2014.

Article 20 – The Agreement between the Government of Romania and the Government of Palestine on the elimination of the visa obligation for holders of diplomatic passports entered into force on July 19^th, 2014.

Order no. 981 of September 25^th, 2014, published in the Official Gazette Part I no. 708 of September 29^th, 2014 amending and supplementing the Annex of the Order of the Minister for European Funds no. 635/2014 on the approval of the transparent de minimis aid scheme, entitled “the transparent de minimis aid scheme in the form of loans with partially subsidized interest rates”, related to the key area of intervention 1.2 “SMEs’ access to finance” – JEREMIE initiative in Romania, priority axis 1 “An innovative and eco-efficient productive system”, within the Sectoral Operational Program “Increase of Economic Competitiveness”, specifies as follows:

• De minimis aid granted to a unique enterprise carrying out freight transport on behalf of third parties or against compensation may not be used for the purchase of motor vehicles for freight transport by road.
• The maximum value of the de minimis aid that may be granted to a unique enterprise shall be calculated by cumulating de minimis aid received in the current financial year with the de minimis aid received in the preceding 2 consecutive financial years; it may not exceed the RON equivalent of EUR 200,000, or EUR 100,000 for companies operating in the road freight transport sector.

Order no. 982 of September 25^th, 2014, published in the Official Gazette Part I no. 708 of September 29^th, 2014 amending and supplementing the Annex of the Order of the Minister for European Funds no. 637/2014 on the approval of the transparent de minimis aid scheme, entitled “the transparent de minimis aid scheme in the form of loan portfolio guarantees”, related to the key area of intervention 1.2 “SMEs’ access to finance”, priority axis 1 “An innovative and eco-efficient productive system”, within the Sectoral Operational Program “Increase of Economic Competitiveness”, specifies as follows:

• Prior to the granting of de minimis aid within this scheme, i.e. before the granting of an eligible loan with partially subsidized interest rates in accordance with Chapter V, the Financial Intermediary shall check whether the unique enterprise of the beneficiary has received any other state aid or de minimis aid for the same eligible expenses, and whether the cumulation rules are complied with, based on a statement on own responsibility.
• If an enterprise carrying out freight transport by road on behalf of third parties or against compensation also carries out other activities for which the EUR 200,000 ceiling applies, the EUR 200,000 ceiling shall apply, provided that the Financial Intermediaries implementing the scheme ensure by adequate means, such as separation of activities or distinction between costs, that the amount allocated to the road freight transport activity does not exceed EUR 100,000 and that the de minimis aid is not used for the purchase of motor vehicles for road freight transport.
  
  

Emergency ordinance no. 58 of September 22^nd, 2014, published in the Official Gazette Part I no. 711 of September 29^th, 2014 laying down certain financial measures and amending and supplementing certain regulatory acts, specifies as follows:

Comment: From among the amendments operated by this Emergency Ordinance, we point out the following:

• the possibility of granting a subsidy for professional development to the teaching staff of the state pre-university and university education system, employed based on an individual employment agreement. The subsidy shall be granted as a lump sum in the school year 2014 – 2015 and shall be provided from non-reimbursable external funds.
• For the categories of staff sent on a temporary or permanent assignment abroad, as provided for by Government Decision, the provisions of Article 296³(f)(10) and of Article 296¹²(1)(c) of the Tax Code shall apply accordingly.