the mines law 85 - eng

8/10/2019 The Mines Law 85 - EnG

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The mines law 85/2003updated version

The mines law 85 2003 published in the Official Monitor no. 197/27th March 2003The mines law updated by:

Governmental Decision 71/2011for the modification of some norms in order to eliminate the provisions regardingthe stimulus for the budgetary personnel Official Monitor 637/2011Governmental Decision 101/2007 for the modification and the completion of the Mines Law no. 85/2003 and thePetrol Law no. 238/2004 Official Monitor 648/2007Governmental decision 101/2007 for the completion and the modification of the Mines Law no. 85/2003 and thePetrol Law no. 238/2004 684/2007The law 284/2005regarding the completion of Mines Law no. 85/2003 Official Monitor 917/2005Law 237/2004for the modification of the Mines Law no. 85/2003 Official Monitor 553/2004 the RomanianParliament passes the present law

The present law regulates the development of the mining activities from Romania, stimulating the turning into account

of the mining resources, the state public property. The law assures the maximum transparency of the mining law andthe fair competition, without discrimination between the property forms, the capital origin and the operatorsnationality.

The investments in the mining field are encouraged by fiscal and administrative facilities, being free of any constraintin which regards the recovery of investments and the usage of the realized benefit.

CHAPTER IGeneral provisions

Article 1

The mineral resources situated on the surface and in the underground of the country and in the continental plateau inthe economic area of Black Sea belonging to Romania, limited in conformity with the international right principles andthe regulations from the international agreements to which Romania is part of, make the exclusive object of the publicproperty and belong to the Romanian state.

CHAPTER IGeneral provisionsArticle 2

(1) The mineral resources that are the object of the present law are: coal, ferrous and non ferrous, aluminum,ores, noble metals, radioactive, rare and disperse soils, halide salts, non metal substances, profitable rocks, gems,semi precious rocks, peats, the mud, the therapeutic peats, bituminous rocks, incombustible gases, geothermal

water, the natural mineral water (sparkling and potable water), the therapeutic mineral water and also the miningresidual product from the dumps and ponds.

(2) The provisions of the present law are applied also to the underground potable water and industrial water forthe prospection activities, determination and deposits evidence.


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Article 3

For the understanding of the present law, the used terms are defined as follows:

1. Mining activity the works assembly regarding the prospection, exploration, development, exploitation,preparation/processing, cooler (concentration), the commercialization of the mining products, the preservation andthe mines closing, including the afferent works for the environmental restoration and rehabilitation .

2. Administrationthe right granted by the state, by the competent authority to a public institution to effectuatemining activities in the basis of a license or a permit;3. Administratorpublic institution that executes mining works in the basis of a license or a permit;

4. Competent authorityNational Agency for Mineral Resources, that represents the interests of the state inthe mineral resources field, as per the law established attributes;

5. Extracting land register special land register, representing a sub-system of evidence and systematicinventory of the real estate afferent to the mining activities (fields, constructions and installations from the surfaceand underground) under the technical, juridical, economic aspects and other information regarding the establishedperimeter.

6. Mining book component of the extracting land register, that includes all the dates regarding the legalsystem of the surfaces afferent to prospection perimeter, exploration and exploitation, the property, thetopographical dates of the afferent mining activities, the deposits/the mineral reserves and the production situation.7. Concessionerthe empowered competent authority to grant the administration or the concession;

8. The mining concessionthe juridical operation by which, the state, represented by the competent authority,

as concessioner, sends for a definitive period of time to a person, as concessionaire, the right and obligation toexecute on its expenses and risk, mining activities having as object the mineral resources that are under theincidence of the present law, in the exchange of a mining royalty for exploitation and a tax for the prospectionactivity, exploration and exploitation of the mining resources;

9. Concessionairethe owner to whom is granted the mining concession;

10. Developmentthe works assembly that consist in the mines and pits realization, the construction and themounting of the specific installations, equipments and other necessary utilities for the extraction, processing,transport and the mining products temporarily stock.

11. exploitation ensemble of works executed in the underground and/or at the surface in order to extract the

mineral resources, their manufacturing and delivery in specific forms;

12. explorationensemble of studies and activities in order to identify the deposits, their qualitative and quantitativeevaluation and also the determination of the technical and economic conditions for their capitalization

13. the national geological fundthe totality of the dates regarding the resources and the mineral reserves obtainedfrom mining and petrol activities, irrespective of the stocking support.


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14. National found for resources/reserves the totality of the resources/reserves revealed and registered by thecompetent authority for each type of mineral resource of the country, determined in conformity with the specificregulations

15. force majeurethe unforeseeable event, inevitable and insurmountable that generates the execution temporaryor definitive, partial or total of the mining activities.

16. financial guarantee for the environmental restoration the obligation and the liability of the companies orindividuals that are developing mining activities in the basis of a license or exploitation permit in order to assure thefinancial founds necessary for the environmental restoration and which can be as a banking deposit, irrevocable bankguarantee letter or other modalities provided by the law;

17. license the juridical document by which is granted the assignment/ or giving in the administration theexploration/exploitation mining activities;

18.Environmentalassemly of activities and natural events, defined as per the law of environmental protection no.137/1995, republished, with the further modifications and completions, that could be affected by the mining activities;

19. Radioactive oreaccumulation of uranium, thorium, as chemical natural compounds;20.Resort ministrythe specialized department of central public administration with attributions and competences inthe field of mining activities, as per the present law;

21. prospection, exploration and exploitation perimeter the area corresponding to the surface of the outline of thecrust part in which interior, on a determined depth interval are executed prospection, exploration and respectivelyexploitation works, and also the necessary surfaces for the development of the processing, preparation of the mineralresources and stocking of the mining residual products stocking;

22.exploitation permit the juridical document issued by the competent authority by which is granted the right toexploitation of a certain quantities determined by profitable rocks, peat and alluvial gold, under the conditions ofarticles 28 and 30;

23. Prospection permit the juridical document issued by the competent authority by which is granted the right toeffectuate the prospection works;24. Safety pillarthe part of the deposits/ mineral resources or from the surrounding rocks, that is not extracted in acertain period or permanently and in which are not executed works, in the purpose to protect the underground miningworks, or at the surface of the exploitation perimeter, the water shores or other objectives from the surface;

25. plan for the activity ceasing the complex of technical, economic, social and environmental complex thatmotivates the closure of the exploitation and contains the necessary actions for the assurance of financing and theachievement measures for the activity ceasing;

26. environmental restauration planthe environmental restauration and reabilitation measures, taking into account

the options of local colectivities regarding the usage of the perimeter after closure, that includes also the technicalproject for their accomplishment.

27. mining production the quantity of mining products that are extracted in order to be processed and/or theirmarketing by the owner;


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28. mining productthe product resulted from the exploitation activity of a deposit, delivered individually or as sortsresulted following a processing/ preparation technological process for being used as finished product or as rawmaterials for the processing of other products;

29. mining residual product the remaining product deposited in the dumps and ponds, resulted from mineralactivities;

30.prospectionthe assembly of studies and surface works that are realised for the identification of the existencepossibilities for certain mineral resources accumulations;

31. the mining royalty (redevance) the amount due to the state budget by the owner for the concession/administration of mining resources exploitation, state public field goods;

32.mineral resources the natural substance from the crust, formed following the geological processes, used assuch or by processing in the socialeconomic activity;

33. reserve the part of the deposit quantitative and qualitative determined by exploration and exploitation works,having established the technical and economic conditions for marketing;

34. ownerany company or individuals, Romanian or foreign, that can effectuate mining activities in the basis of alicense or permit;

35. depositthe natural accumulation of resources/ mineral reserves, technical and economical that can be turned toprofit;

The Mines Law 85 2003 updated by:

Governamental Decision 101/2007for the modification and completion of the Mines Law no. 85/2003 and Petrollaw no. 238/2004 from 04thOctober 2007, Official Monitor 648/2007;


Article 4

(1) The mining activities are effectuated by companies that are registered, as per the law, and are specializedand certificated in the development of such activities or are organized in this purpose. The issuing of thetechnical economic documentation and the afferent expertises are made by individuals which are certifiedfor this purpose by the competent authority, as per the law.

(2) The exploitation mining activities can be performed by individuals, as pe rthe conditions of article 2830.

(3)

The mining activities are executed only within certain perimeters agreed in this purpose by the competentauthority, excepting the individuals that are performing mining activities for exploitation under the conditionsof article 29, in which case the perimeter authorization is not necessary.

CHAPTER IGeneral provisionsArticle 5


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(1) All dates and information, irrespective of the stocking modality, in which regards the Romanian miningresources, determined in conformity with the article 1, shall be set to the disposal of the competentauthorities and belong to the Romanaian state, their evidence and management being made at nationallevel by the competent authority, as per the present law.

(2) The licenses or permits owners for the mining activities can use dates and information obtained only in theirown interest, for all the duration of the mining activity.

(3)

The transmittal to other interested parts of the dates and information regarding the mineral resources fromRomania is made only with the agreement of the competent authorities and institutions with attributions inthe applicance of the present law provisions and have the obligation to keep the confidentiality towards thedates and information sent to the licenses and/or permits owners, from whom are informed in the executionof work attributions, on the whole duration of the mining activity, under the conditions provided by the law.

CHAPTER IIThe usage and the access gaining to the fields where are performed mining activities

Article 6

The right to use the necessary fields for performing the mining activities from the exploration/ exploitation perimeter

is gained under the law conditions by:

a) Sales contract of the fields, and, as per the case, the constructions situated on the fields, at the agreed pricebetween the parties;

b) The field changing, accompanied by the relocation of the affected owner by the buildings reconstruction onthe new-granted field, on the expence of the owner that benefits of the released field, as per the conventionconcluded between the parties;

c) The fields rention on a definite period of time, in the basis of contracts concluded between the parties

d) The expropriation for the public utility causes, as per the law;

e)

The fields cession;

f) The association between the owner of the field and the license owner;

g) Other procedures provided by the law


Article 7

(1) Towards the fields necessary for the access in the exploitation or exploration perimeters and other activities

that are involved are instituted in the favor of the owner a right of legal easement for passing;(2) The right of legal easement for passing, established as per paragraph (1) is made by paying an annual rent

to the owners affected by this event, in the basis of the agreement concluded between the parts, byobserving the legal provisions, in a term of 60 days from the communication to the land owners a writtennotification from the licenses/permits owners.

(3) In the case that the parts do not ge to an agreement in the term provided at paragraph (2) the establishmentof the sum of the rent is made by the instance, as per the law;


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(4) The duration of the legal easement is the one of the mining activities, and the fields that follow to be affectedwill be determined, in which regards the surfaces and the owners, as per the principle of the smallerpossible undetermine to the right of property.


Article 8

(1) The access to the fields affected by the legal easement is established by negotiations between the owner ofthe mining activity and the fields owners, by observing the principle of treatment equality and equity.

(2) Any misunderstanding between the owners that are developing mining activities and the fields owners issolved by the competent court of law, as per the law. The solving of such causes will be made by thecompetent instances as a metter of urgency.


Article 9

The expropriation for the public usage cause of national interest is made under the law, under the coordination of theMinistry of resort.


Article 10In the case of sale the expropriated goods, under the provisions of article 6, letter d), the former owners or, as per thecase, their successors, have the right to preemtion, in which purpose will be informed in which regards the conditions

of sale in the administrative way and by publicity.


Article 11

(1) The execution of mining activities on the fields where are placed historical, cultural or religious monuments,archaeological site, natural reserves, areas for sanitary protection and perimeters for hydrogeologicalprotections of the resources for water supply, and also the institution of the right to servitute for miningactivities for such field are strictly forbidden.

(2)

Exceptions from the provisions of article (1) are established by the Government, with the agreement of thecompetent authorities and by establishing the compensations and other compensatory measures.


Article 12


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The right to property towards the field does not confere the right to preemtion towards the concession / administrationof the mining activities.

CHAPTER IIIThe mineral resources turning to advantage

Article 13

The mineral resources are turned to advantage by mineral activities that concession the Romanian or foreigncompanies or are given for administration to the public institutions by the competent authority as per the present law.


Article 14

(1) The prospection is made in the basis of a non exclusivity permit issued as per the law by the competent

authorities in the basis of receiving a written request for a perimeter defined by topographic and geodesiccoordinates. The form and the dimensions of the prospection perimeter are established by the competentauthorities.

(2) The prospection permit is issued for a period of maximum 3 years, without any right of prolongation, by aanticipate payment, in every year, of the prospection tax.

(3) The owners of the prospection permits have the obligation to execute a volume of works with a minimumvalue that will be established by negotiations with the competent authority, at the reviving of the prospectionpermit correlated with the validity period of the permit and the surface of the prospection perimeter.

(4) The owners of the prospection permit are presenting to the authorities the semester and annual reportsregarding the annual works execution and capitalization, justified by documents. In a term of 60 days fromthe expiry duration for which was issued the permit of prospection, the owner presents a final report

including the investigation methods that were applied, the executed works, the justification of the value ofthe works and also the obtained results.

(5) The owner of the prospection permit that participates at the public bidding, organized for the granting of theexploitation permit within the perimeter where was made the prospection, benefits of a supplementary scoreat the evaluation established under article 15, paragraph 8.


Article 15(1) The exploration is executed in the basis of a license exclusively granted for any of the mineral resources

discovered within the perimeter, as per the request, to the Romanian of foreign companies.(2) The exploration license is granted to the winner of an organized bidding, organized by the competent

authorities under the conditions of the present law for the mineral resources established by the orderprovided by paragraph 4.

(3) The initiative to concession the mineral activities for exploration can belong to the Romanian or foreigncompanies or to the competent authority.

(4) The list of the exploration perimeters is established by the competent authority by an order that is publishedin the Official Monitor, part I.


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(5) In order to participate at the public bidding, the Romanian or foreign companies will send the offer in adefinite period of time, established by the competent authority, provided at paragraph (4).

(6) The offers contain the exploration proposed program , the documentary evidence regarding the technicalcapacity and financial of the bidder and other documents established by the competent authority.

(7) The exploration program that was proposed includes the exploration annual volume of work and the afferentexpenses,, that are mandatory to be realized.

(8)

The conditions for organizing and development of the public bidding established at paragraph (2), thecriteria for selection and also the naming of the winner, the supplementary score granted to a permit ownerand other aspects shall be established by the competent authority through norms.


Article 16

The exploration license is granted for a period of maximum 5 years, with the right of prolongation ofmaximum 3 years, under the limits of the granted perimeter, by an anticipate payment, every year, the taxfor exploration activity and the constitution of a financial guarantee for the environmental restoration,

established by an environmental restoration plan.(1) The agreed exploration program is to be fully executed, until the exploration license expiry.

(2) The surface of the perimeter, defined by coordinates, within are executed mining exploration works has aform and specific dimensions in which regards the formations and the geological structures of the mineraldeposits that represent the object of the exploration license.

(3) The owner of the exploration license is obliged to present to the competent authority the semester andannual reports regarding the developed activity and the afferent expenses, at the established dates, and afinal report including the applied methodology, the executed works, the expenses, the obtained result, in aterm of 60 days from the license expiry date.

(4)

The owner has the right to reduce the surface of the exploration perimeter, by the agreement of thecompetent authority, in the basis of stage documents, offering proves that on the surface that renounceswere executed all the works necessary for the remaking of the environmental, with the obligation to executethe works provided for the first year of contract.


Article 17

(1) At the request of the exploration license owner, it has the right to obtain the exploitation license for any ofthe mineral resources that were discovered, under the conditions of article 18, paragraph (2) letter a) and

the article 20.(2) The owner of the exploration license has the right to continue, until entering in force the exploitation license

granted under the article 18, paragraph (2), letter a) and article 20, the execution of the mining experimentalexploitation, preserving and maintaining the mining works executed in the exploration perimeter .


Article 18


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(1) The mining exploitation is made in the basis of an exclusive license, which is granted under the condition ofthe present law.

(2) The license of exploitation is granted to:

a)

Directly to the exploration owner, at his request, for any of the discovered resources, in a term of 90days from the transmittal of the final report of exploration to the competent authority and theiracceptance;

b) To the winner of a public bidding organized by the competent authority under the conditions of thepresent law, for the mineral resources established by the order provided at article 19, paragraph (2).


Article 19

(1)

The initiative for concession of the mining activities for the exploitation under the conditions provided atarticle 18, paragraph (2) letter b) can belong to the competent authority or to the interested Romanian orforeign companies.

(2) The list of exploitation perimeter under the conditions of the article 18, paragraph (2), letter (b) is establishedby the competent authority by an order that is published in the Romanian Official Monitor, Part 1.

(3) In order to participate to the public bidding, the Romanian or foreign companies will send the offers in adetermined period of time, established by the competent authority by the order provided at paragraph (2).

(4) The offers will include prooving documents regarding the technical and financial capacity of the bidder andalso other documents established by the competent authority by the procedure of development of the

bidding.(5) In order to be observed the necessary technical conditions for the protection of the underground waters will

be bidded for the concession of certain exploitation mining activities only the perimeters for which waspreviously obtained the agreement from the competent authority from the waters sector.

(6) The conditions for organization and development of the bidding process established at article 18, paragraph(2), letter b), the selection criteria and the winner naming, and also other aspects are going to beestablished by derogation from the legislation regarding the concession, by the competent authority bynorms.


Article 20(1) The exploitation license is granted by negotiation, in the basis of a request accompanied by:

a) Feasibility study regarding the capitalization of the mineral resources and the deposit protection, thatwill include the initial plan for the activity stopping, issued in conformity with the norms of thecompetent authority

b) The exploitation development plan, issued in conformity with the technical instructions issued by thecompetent authority;


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c) The impact study towards the environmental and the environmental balance, as per the case, issued asper the law;

d) The environmental remaking plan and the technical project, issued in conformity with the technicalinstructions of the competent authority;

e) the evaluation social impact and the attenuation plan of the social impact, in conformity with the

technical instructions issued by the competent authority in the field of labor and social solidaritytogether with the resort ministry.

(2) The exploitation license is granted for a period of maximum 20 years, with the right to be prolonged ofsuccessive 5 years periods.

(3) The owner of the license of exploitation will annually pay a tax per the exploitation activity and a mining tax(redevence), as per the law

(4) The owner of the exploitation license constitutes a financial guarantee for the environmental remaking, asper the technical instructions of the competent authority.


Article 21

(1) The license is concluded in written. For the exploration the license enters in force at the date of publicationof the president order from the competent authority and its approval in the Romanian Official Monitor, Part I;for the exploration the license enters in force at the publication date in the Romanian Official Monitor, Part I,at the Government decision for its approval.

(2) The existent legal provisions at the date of entering in force of the legislation are remaining valid on thewhole duration, excepting the appearance of eventual legal provisions favorable to the owner.

The mines law 85 2003 updated by:

Governmental Decision 101/2007for the modification and completion of the Mines law no. 85/2003 and the PetrolLaw no. 238/2004 dated 04 thOctober 2007, Official Monitor 648/2007Governmental Decision 101/2007for the modification and the completion of the Mines Law no. 85/2003 and PetrolLaw no. 238/2004 dated 04 thOctober 2007, Official Monitor 648/2007;


Article 22

(1) The beginning of the mining activities provided in the license are authorized in written by the competentauthority, in a term up to 180 days from entering in force of the license, after being presented by the ownerthe following documents:

a) The proove of payment of the mining activity;

b) The proove that was constituted the financial guarantee for the environment restoration;


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c) The fiscal attestation certificate, from which to result that the license owner does not register anyoutstanding obligations towards the state budget.

d) The environmental agreement/authorization;

e) For the exploration the notice of the competent authority for the annual program of works; for theexploitationthe notice of the competent authority for the exploitation annual program.

f)

The agreement from the owner or administrator of the field regarding the access to the surfaces necessaryfor the execution of the mining activities provided in the annual exploitation program.

(2) The authorization for beginning the mining activities is made by the competent authority, in at most 30 daysfrom the submission of the documents provided at paragraph (1).


Article 23

The foreign companies that obtained the right to perform mining activities are obliget to, in a a term of 90 days fromobtaining the license, to create and to maintain on whole the duration of the concession a branch in Romania.


Article 24

(1) The owner of a license may transfer to other company the granted rights and the assumed obligations onlywith the approval (in written and previously) of the competent authority. Any transfer made without thewritten approval is null by right.

(2) In order to approve the transfer, the competent authority will take into account the criteria for approval, thatare established by norms.

(3) In the case that the owner of the license modifies its statute by reorganization, sale or any other reasons,the license, as it was negotiated, will be granted by an annex to the legal succesors of the owner, in thebasis of the contract concluded between the parties or the decision of the court of law, presented to thecompetent authorities.

(4) The license for granting in administration is not transferable.


Article 25

Between the limits of exploration/ exploitation perimeter, the competent authority my grant, under the conditions ofthe law, to certain companies, others than the owner of the license, the right to exploration and/ or exploitation forother mineral resources, by the agreement of the owner.



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Article 26The right obtained by concession, the right that is distinct to the property towards the fields, can be transmited by theowner in the benefit of other company, only in the conditions of article 24.


Article 27

The owner of the exploration/ exploitation license can make a contract for bank loan in order to execute the miningactivities, by certifying the concession existence by the competent authority.


Article 28

(1) The rocks used in the construction and accumulation of peat can be extracted by the companies orindividuals in the establised quantities, in a term of up to 1 year and in the basis of a exploitation permitissued by the competent authority. The permit is granted to the first solicitor.

(2) For the exploitation of sand and stones from the minor river beds the permits for exploitation are grantedafter the obtaining of the agreement provided in the law in force in the field of water management.

(3) In order to obtain the exploitation permit, the solicitors are obliged to constitute the financial guarantee forthe environmental restoration, and also to the payment of the tax for the exploitation activity and mining tax,as per the law. The constitution of the financial guarantee for the restoration of the environment and thepayment of the tax are to be made at the date of the permit issuing, and the mining redevance is paid underthe conditions of article 45, in steps, on the whole duration of the exploitation permit.

(4) At the documents handing over for obtaining or renewing of the license/ exploitation permits, the solicitors

will ask for a rebilitation agreement concluded with the local public admninistration authorities in the casethat the road transportation of the mineral resources affects the road infrastructure and the adjacentbuildings from the urban localities or village.

The Mines Law 85 2003 updated by:

Law 284/2005 regarding the completion of the Mines Law no. 85/2003 dated 11 thOctober 2005, Official Monitor917/2005.


Article 29

(1) The rocks that can be used for building, the peat and the mineral waters, situated on the field surfaces beingin the property of the companies, can be used by the owner of the surface only if are not making the objectof an existent concession and only for personal needs, without any right of commercialize. The usage isexempt from the taxes payment and the legal redevances, under the condition to inform the competentauthorities by their territorial departments.


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(2) From the provisions of paragraph (1) benefit the childrens homes and retirement homes situated on thefields surfaces being on their property.


Article 30

(1) The recovery of gold from silts, executed besides the concessions, is made by companies and individuals,in the basis of an exploitation permit issued by the competent authority.

(2) The authorized companies and individuals for the recovery activity of the gold from the silts are obliged topay the taxes and redevances provided by the law.


Article 31

The mining concession or the miming administration ceases:a) At the duration expiry for the period that was granted;b) By the renouncement of the license owner, under the conditions established at article 32;c) By the license/permit revoking by the competent authority as per the provisions of article 34 and 35d) At the owner request, in the case of certain events appearance that constitutes a fact of force majeure and

which determinates the impossibility to accomplish the rights provided in the license and which are essentialfor the activity development

e) At the finalization of the exploitable deposits, only in the case of concession of exploitation mining activities.


Article 32

(1) The owner of the license/ permit can renounce on it if at the date of the renouncement to the competentauthority cummulative fulfills the following conditions:

a) Sets to the disposal of the competent authority the documents regarding the developed activity up tothe date of the renouncement notification, and also its results;

b) Sets to the disposal of the competent authorities the amount representing the counte value of theworks provided in the program of prospection/ exploration provided in the prospection permit/ the

exploration license, which has the maturity date at the notification date of the renouncement and the notexecuted works that were not performed for reasons attributable to the owner. The resulted amountsrepresent an income to the state budget;

c) Setting to the disposal of competent atuthorities the confirmation afferent to the works of environmentalrestoration which was deteriorated as a result of the mining works developed up to the moment of therenouncement, issued by the competent authority in the environmental field.

d) Sets to the disposal of the competent aithority the amount representing the countevalue of the works ofpreservation/ the non executed closure, afferent to the mining activities developed until the


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renouncement moment, and of the monitorring program of the environmental factors after the closure,provided in the activity closure plan.

(2) The competent authority checks the fulfilment of the conditions provided at paragraph (1), in a term of 60days from the date of the notification of renouncement afferent to the license/ permit;

(3)

In a term of 60 days provided at paragraph (2) the concession/ administration ceases if the competentauthority did not communicated the refusal, being obliged to issue the decision of ceassing of theadministration or the concession, as an effect from the term fulfilment date.

(4) In the case that the competent authority refuses to issue the ceasing decision of the administration orconcession as a renouncement reason, the interested part, can address, in a term of 30 days from thecommunication, to the competent instance, which is judging the litigation and decides, as per the law. Thedecision of the instance is definitive and irrevocable. The previously procedure is not mandatory.

(5) The decision of the instance is fulfilled by the competent authority in a term of 15 days, under the sanction ofa fee of 5 milion of lei per day delay. The fees become an income to the state budget. Are applicalble alsothe provisions of the law regarding the non execution of the juridical decision.

CHAPTER III

Operating system to turn in profit the mineral resources

Article 33

(1) The competent authority suspends the license/ permit when establishes that:

a) The owner of the license/permit do not observe a decision of a certain court of law regarding thelitigations that appeared during the mining activities execution;

b) The owner of the license/permit is under the procedure or juridical reorganization and/or insolvency;

c)

To the owner was suspended the agreement and/or the authorization regarding the environmentalprotection and/or the labor protection;

d) The owner jeopardize, by the execution method of the mining activities, the possibility of a futureexploitation of the deposit, it breaks the norms regarding the deposit safety protection and exploitation;

e) The owner breaks the norms regarding the labor health and safety, established by the competentauthorities in the field.

(2) The license/ permit suspension for any of the reasons provided by paragraph (1) has an effect towards theowner from the communication made by the competent authority until the disappearance of the cause thatdetermined the suspension for a period of maximum 1 year.

CHAPTER III


Article 34

The competent authority cancels the license/ permit in a term of 30 days from the receipt of the notification when:


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a) The owner does not fulfill the obligations assumed regarding the authorization and the term regarding themining activities beginning;

b) The owner continues with the works stopping for a period longer than 60 days, without the competentauthorities agreement;

c) The owner uses methods and technologies for exploitation others than the ones provided in thedevelopment plan, without the agreement of the competent authority

d)

The owner executes mining activities by non observing the provisions of article 22, paragraph (1), letter e)e) To the owner were cancelled the agreement and/or the authorization regarding the environmental protection

and the labor protection;f) The owner supplies, knowingly, to the competent authority false dates and information in which regards the

mining activity or non observes the confidentiality clauses provided in the licenseg) The owner do not pay in a term of 6 months from the eligibility date the taxes and the mining redevance that

has to pay to the state

h) The owner does not fulfill the conditions and does not observes the provisions from article 33, paragraph (2)regarding the suspension of the license/ permit.

CHAPTER III


Article 35

(1) In a term of 30 days from the notification date provided at article 33, paragraph (2), the owner can request tothe instance the revocation of the measure of suspension/ cancelation of the license/ permit.

(2) At the request of the owner and by the examination of the competent authority that disposed the measuresprovided at paragraph (1), the instance may dispose the suspension of the taken measures until thefinalization of the court of law decision, by which the instance attests the legality and the validity of thesuspension/ cancelation.

(3) The procedural provisions provided at article 32, paragraphs (4) and (5) are properly applied.

CHAPTER IIIOperating system to turn in profit the mineral resources

Article 36

(1) In the case that there interferes an event as the ones provided at article 31, letter d), the owner notifies tothe competent authority the situation in a term of 5 days from the event production, by presenting thedocuments certifying the force majeure in a term of 15 days from its production, issued by the institutionlegally empowered in this purpose. The ceasing of the concession or of the administration produces theeffect after 30 days from the force majeure notification date.

(2) If, between the limits of 30 days provided at paragraph (1), the competent authority notifies to the owner of

the license the refusal to accept the event invoked by the owner as being a cause of force majeure, causingthe definite impossibility to initiate or to continue the execution of the mining activities, not attributable, theowner of the license can ask to the instance the pronouncement of the unilateral cancelation of the licensefor a force majeure case, without the obligation for paying the recovery of damages.

(3) In the case of pronouncement of cancelation of license, after the irrevocable decision of juridical decision,the competent authority will issue the ceasing decision of concession or administration.


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(4) The procedural provisions provided at article 32 paragraphs (4) and (5) are correspondingly applied.

CHAPTER IIIOperating system to turn in profit the mineral resources

Article 37

(1) The decision for the concession ceasing or of the administration granted by public bidding is published inthe Romanian Official Monitor, Part I, by mentioning the date when it produces the effects, and is written inthe Mining Book by the competent authority.

(2) In a term of 3 months from the concession or administration ceasing for any of the cases provide at article31, letters a) d) the technical annexes and the dependencies of which dismantling may cause the workssecurity, are passing in the state property, without any compensation and without any tasks, whatever theirnature.

(3) The concessionaires or the administrators are liable from the financial and material until the remaking of allthe environmental factors that are affected by the mining activities, in conformity with the plan for the

environmental restoration approved by the competent authority.

(4) In a term of maximum 3 months from the concession ceasing or the administration, the competent authoritywill establish the measures that follow to be taken regarding the exploration/ exploitation perimeter and theafferent endowment.

(5) The owner of the license is kept, as per the extra contractual civil liability rules, repairing the prejudicescaused to other companies or individuals by its own fault by executed mining activities, effectuated up to thedate of expiry or renouncement, even if such prejudices are determined after the administration orconcession termination.

CHAPTER IV

The owners rights and obligations

Article 38

The owner of the license/ permit has the following rights:

a) To have access, under the law conditions, at the necessary lands in order to develop the mining activitiesunder the limits of the perimeter provided in the license/ permit;

b) To execute all the mining activities provided in the license/ permit under the limit of the granted perimeter;c) To dispose towards the produced mining products;d) To use, by observing the legal provisions from the waters management and the environmental protection,

surface water sources or underground necessary for the mining activities development;

e)

To associate with other companies in order to execute the mining activities provided in the license, with thepreviously approval from the competent authorities. The responsibility for the fulfillment of the obligationsfrom the license is exclusively to the associate that is the owner of the license. In order to issue theassociation approval the competent authority will take into account at least the following elements: thetechnical and financial capacity of the one with whom is closed the association, the object of the association,the way to delimit the rights and obligations of the associates. The national companies and societies thatexecute the mining activities will obtain the approval of the competent authorities only with the previouslyagreement of the resort ministry.


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f) To obtain from the competent authority, under the law conditions, the dates and information necessary forthe development of the mining activities, to keep and to use these dates and information, and also the onesobtained from its own activities, on the duration of validity of license/ permit;

g) To interrupt the activity for a period that exceeds 60 days, with the previous agreement of the competentauthority;

h) To build roads, bridges, railways, electrical networks, and also other infrastructure utilities necessary for the

mining activity, under the law conditions.

CHAPTER IVThe owners rights and obligations

Article 39

(1) The owner of the license/permit has the following obligations:a) To observe the provisions of the present law, of the norms and instructions issued in its application and

the provisions of the license/ permit;b) To elaborate, in the basis of the license/ permit, before the commencement and during the mining

activities, the technical documents for its accomplishment, documentations in order to obtain the

environmental agreement/ authorization as per environmental legislation in force, as per article 22paragraph (1), letter d) and to send for approval to the competent authorities, as per the article 14-20,28 and 30. In the case of the economic agents that are under the authority of the resort ministry isnecessary its previous notification.

c) To start the mining activities in a term of maximum 120 days from the licenses entering in force;d) To obtain, to make, and to kept daily records, and to send to the competent authority, on due terms, the

dates, information and documents provided in the license/permit, with reference to the mining activities,and also the obtained results, in order to be registered in the Mining Book, and also in the extractingland register. In the case of radioactive ores, these dates are to be sent to the competent authority inthe domain, as per the legal provisions;

e) To inform the competent authority regarding the checks effectuated by local authorities for theenvironmental protection and the labor protection;

f)

To keep the confidentiality towards the dates and the obtained information, as per the law, from thecompetent authority and the resort ministry, and also from the own activity and to transmit only in theconditions provided in the license;

g) To update periodically the activity ceasing plan and to send for approval to the competent authorities;h) To recover and to protect the mineral natural associations with an esthetic and scientific value named

mine flowers, met in the executed mining works, and to inform the competent authority;i) In the case of ceasing by any of the moods provided at article 31, to hand over to the competent

authority the established perimeter, under the conditions provided at article 37 paragraph (2) and (5);j) To fulfill in the established terms the measures that were disposed in written by the competent

authority, in the exercise of the attributions, as per the law;k) To execute and to finalize the works for the environmental restoration in the perimeters affected by the

mining activities

l)

To make to date the topographical measurements necessary and to fill in the working drawings of allthe works executed during the mining activities development, in conformity with the miningTopographical Rule;

m) Not to transport, use or manipulate , and not to deposit in the executed works waste and dangeroussubstances and / or toxic, radioactive or any polluting substances only by observing the lawsprovisions;


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n) To obtain the notice from the harbor authorities and the competent public authorities in the transportfield and the water management for the execution of the mining activities in the area of waterways;

o) To organize, besides the entrances in the mine, by which is made the access of personnel, and alsounderground, medical services for first aid, endowed with equipments, personnel materials and specialinstruments, as per the norms issued by the competent authority in the medical domain;

p) At the concession termination, to execute the preservation works and/ or the mine/ pit closing, as per

the activity ceasing plan, including the environmental factors after the closing;q) To pay the expenses afferent to the technology transfer and professional training provided in the

license. The respectively amounts will be sent in a separate account of the competent authorities,opened for this purpose, and shall be as such revealed;

r) To prepare and to finance the implementation of the measures included in the social impact planattenuation;

s) To maintain on the whole duration of exploitation the financial guarantee for the environmentalrestoration;

t) To pay the taxes regarding the mining activity and the mining royalty (redevence) in the termsestablished by the present law

(2) In the case that the owner of the license is a company or a national mining society, this has also the

following obligations towards the resort ministry:

a) To substantiate and to annual send, at the established terms, the necessary financing volumes for theworks provided in the annex;

b) To send the requested information in which regards the production and the investments that wereperformed, and also the way of usage the founds granted by the state budget;

c) To send to the competent authority the dates and documents provided at letter a) and b), approved bythe ministry of resort, in order to be registered in in Mining Book and in the extracting land register;

d) To execute, in the case of privatization, the conservation/ mines or pits closing works and theenvironmental restoration on the affected areas until the privatization moment;

CHAPTER V

Authorizations

Article 40

The procedures for the obtaining of authorizations, agreements and/ or environmental notices, necessary for themining activities development, shall be coordinated by each authority, as per the competences and the rulesestablished by the law in force.

CHAPTER VAuthorizations

Article 41

(1) The competent authority will inform in written, in a term of 10 days from entering in force the exploitationlicense, the county councils, the local councils and the county prefectures in which area are the leasedperimeters, in which regards the mining activities and the leased perimeters by these licenses.

(2) In a term of 90 days from the information receiving provided at paragraph (1), the county councils and thelocal councils will modify and/ or will update the territory improvement drawings and the existent generalurban drawings in order to allow the execution of all the operations necessary for the leased miningactivities development.


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Article 42

(1)

The authorizations, agreements and other approvals and notices necessary for the mining construction mounting activities and other construction activities necessary in order to begin and develop the miningactivities are going to be issued for the assembly of these constructions and not separately for eachconstruction, as per the request of the licenses owners.

(2) The authorizations, agreements and other approvals and notices necessary for the mining construction mounting activities and other construction activities necessary in order to start and development of themining activity may impose conditions regarding the parameters and characteristics of functioning of therespectively installations and constructions.


Article 43

(1) Authorizations, agreements and other approvals and notices necessary for functioning of the mining activitydevelopment are valid on the whole duration of the permits and the licenses in which basis are developedthese activities, in the case of modification of the conditions that were taken into account at the issuing ofauthorizations, agreements and others notices and approvals necessary for the mining activity development,the owners of these activities must request the issuing of new authorizations, agreements, notices andapprovals.

(2) The authorizations, agreements and other approvals and notices necessary for the mining activitydevelopment are issued for the operations assembly necessary for the mining operations or separately for

each operation or category of operations, as per the request of the license owners.(3) The observance of the conditions imposed by the authorizations, agreements and other approvals and

notices issued for the activity of constructionmontage of mines and other necessary constructions in orderto begin and development of the mining activity, as per article 42, paragraph (2) and the observance of theconditions provided by the law in order to development of the mining activities are monitoring by thelicenses owners and are checked by the competent authorities in the field, during the techno logical trialperiods, that cannot exceed 6 months from the termination of the constructionmounting operations.

(4) If is determined the observance of the provisions in conformity with the provisions of paragraph (3), theauthorizations, agreements and other approvals and notices for functioning necessary for the mining activityare issued in a term of maximum 10 days from the finalization of the technological trials, in the case that thelaw in force does not establishes in another manner.

CHAPTER VITaxes, mining royalty (redevances) and tariffs

Article 44

(1) The owners of the licenses/ permits are obliged to pay to the state budget a tax for the activity ofprospection, exploration and exploitation of mining resources, and also a mine royalty (redevance).

(2) The annual tax for the prospection activity is established at 250 lei/ km2.


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(3) The annual tax for the exploration activity is established at 1.000 lei /km2; it becomes double after 2 yearsand becomes 5 times bigger after 4 years.

(4) The annual tax for the exploitation activity is established at 25.000 lei/km2(5) The value of the tax provided at paragraphs (2)(4) will be annual updated, at the proposal of competent

authorities, by the Government decision, depending on the inflation rate.

(6)

The taxes provided at paragraphs (2) (4) are owed each year and are prepaid for the next year, until 31stof December of the current year.

Mines law 85 2003 updated by:

Government Decision 101/2007for the modification and completion of the Mines Law no. 85/2003 and Petrol Lawno. 238/2004 dated 04thOctober 2007, Official Monitor 684/2007.

CHAPTER VITaxes, mining royalty (redevances) and tariffs

Article 45

(1) The mining royalty owed to the state budget is established, at the license issuing or at the issuing of theexploitation permit, as follows:

a) A percentage of 4% from the mining production for coal, iron ores, nonferrous ore, aluminum, aluminiferrocks, noble metals, radioactive, rare and disperse soils, gems, semi precious rocks, mining residualsproducts, bituminous rocks, therapeutic mineral water, thermalmineral waters, geo-thermal water andthe gases that accompany, incombustible gases, therapeutic mud and peats.

b) The equivalent in lei of 0,70 EUR per mining production unit, for the non-metalliferous substances;c) The equivalent in lei of 0,35 EUR per the mining unit production, for magma rocks, metamorphic rocks,

industrial and construction limestone, dolomite, hones and industrial tuffs;d) The equivalent in lei of 0,40 EUR, per mining production unit for clay, loess, sand and stones, sand and

kaolin rocks;e) The equivalent in lei of 0,55 EUR per mining production unit for industrial alabaster, pumice, nepheline

syenite, gypsum, chalk, siliceous sand, bentonite, kaolin sand, slate and diatomite;f) The equivalent in lei of 2,0 EUR per the mining production unit for the ornamental basalt, ornamental

dacite, ornamental andesite, ornamental rhyolite, ornamental granite and ornamental granodiorit.g) The equivalent in lei of 2,50 EUR, per mining production unit for the ornamental alabaster, ornamental

aragonite and ornamental silicon;h) The equivalent in lei of 3,0 EUR per mining production unit, for the marble, ornamental limestone,

ornamental hone, travertine and ornamental tuffs;i) The equivalent in lei of 0,80 EUR per mining production unit for the halide salts.

(11) The mining royalty provided at paragraph (1) are paid at the official exchange LEI/EUR in the first working day of

October from the previous year, published in the European Union Official Journal;

(2) The Mining royalty due to the state budget for the natural mineral water is established at the source, in theequivalent in LEI of 4 EUR/1.000 l, at the exchange rate of Romanian National bank at the date of payment;

(3) Abrogated(4) The mining royalty is due from the date of the commencement of the production and is to be paid quarterly,

with the maturity date until the 20thof the first month of the nest trimester.


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Government decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and Petrol Law no.238/2004 dated 04thOctober 2007, Official Monitor 684/2007.

Government decision 101/2007for the modification and completion of the Mines Law no. 85/2003 and Petrol Law

no. 238/2004 dated 04thOctober 2007, Official Monitor 684/2007.

CHAPTER VITaxes, mining royalty and tariffs

Article 46

The owners have the obligation to transmit to the competent authorities the dates and necessary information for thecalculation of the due mining royalty as per the law.


Article 47

(1) The check of the accuracy of the dates and information in which basis is calculated the tax for the miningactivity and the mining royalty is made by the competent authority, and also by the public administrationdepartments that have attributes in the financial check field.

(2) For the nonpayment in due term of the taxes for the mining activity and/ or the mining royalty are due payincrements and delay penalties, as per the fiscal legislation in force.


Article 48

(1) For the documents issued for the attributes exercise: notices, exploitation and prospection permits,exploration and exploitation licenses, reserves registry documents, decisions for the mining activitytermination, association approvals, license transfer, addendums to license, certificates, authorizations, orother similar documents, and also for the consulting and the usage of certain documents and informationreferable to the mining resources and the Mining Book, the competent authority charges fees established bya competent authority president Order, published in the Romanian Official Monitor, Part I.

(2) The extra budgetary incomes obtained as per paragraph (1) by the competent authority are used for theexpenses financing for the data composition and the bidding starting, the organization of the conditions ofparticipation to bidding, the bidding and studies elaboration, expertise and technical consultancy and other

material expenses, endowments and also for the granting of stimulant to personnel.(3) The extra budgetary incomes achieved as per paragraph (1) by the competent authority are used for the

financing of the expenses in order to compile the data base and the starting of the biddings, the organizationof the bidding conditions, the bidding holding and studies elaboration, expertise and technical consultancyand other material expenses, and also for the endowments.

(4) The incomes that remained unused at the end of the budgetary year are taken as incomes for the next year,at the disposal of competent authorities.

(5) The expenses categories that are financed from the extra budgetary incomes approved by the state budgetand the way of granting the stimulant are established by a order of the president of the competent authority.


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(6) The categories of expenses that are financed from the extra budgetary incomes approved by the statebudget are established by an order of the president of the competent authority.

Mines law 85 2003 updated by:

Government decision 71/2011 for the modification of certain normative documents in order to eliminate the

provisions referable to the granting of stimulant for the personnel from the budgetary sector dated 31 stAugust 2011,Official Monitor 637/2011.


Article 49

The payment of the taxes, tariffs and the royalty provided in the present law does not exempt the owner of thelicense/permit of the payment of the budgetary obligations due to the fiscal legislation in force.


Article 50Abrogated

The mines law updated by:

Law 237/2004for the modification of the Mines Law no. 85/2003 dated 7thJune 2004, Official Monitor 553/2004.

CHAPTER VIIMines closing

Article 51

(1) The mining activity for the exploration of a reserve terminates when:

a) The exploitable mineral resources finished;

b) The continuation of the exploitation became impossible due to natural causes flood, crumbling,landslide or caused endogenous fires, gases explosion which effects cannot be removed bytechnical interventions, under economic conditions;

c) The exploitation became economic unprofitable.

(2)

When one of the causes listed at paragraph (1) is determined, the owner of the license requests thecompetent authority the agreement for the exploitation ceasing.

(3) The competent authority agrees the definite or temporary closing of the exploitation activity in the basis ofthe plan of activity ceasing. For the concession perimeters to the companies and national mining societiesthe closing will be previously approved by the resort ministry.


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CHAPTERMines closingArticle 52

(1) The initiative of termination of the activity of one mine or pit, that belongs to the owner of the license ofexploitation, that presents to the competent authority a request accompanied by the updated pan of activity

termination, including:a) The motivation for the activity termination, based on a technicaleconomic documentation;b) The technical program for decommissioning or preservation of the exploitation, which will include the

environmental factors monitoring after the closure. In the case of the mining national companies andsocieties, the program will be previously approved by the resort ministry;

c) The social protection of the personnel, by redistribution and/or professional conversion, financialcompensation and/or measures for regional development for creating new places of work, made inconformity with the law, after consulting with the affected groups, and approved by the competentauthority in the social protection field. In the case of mining national societies and companies, this ispreviously approved by the resort ministry.

d) The authorization for the water management and the environmental authorization for the mine of pitclosing;

e)

The procedure of decommissioning and the land release;

(2) The mining activity terminates by the decision of the competent authority, after the analysis and acceptanceby the competent authority and the ministry of resort, as per the case, the activity termination plan and afterits implementation. The decision for preservation/closing of the mine or pit belonging to the mining nationalcompanies and societies shall be approved by the Government, the preservation/closing following to befinanced also from budgetary founds.

(3) The mines closing and the environmental restoration in the cases of mines and pits, of the exploration worksthat were stopped before entering in force of the present law and which do not make the object of a licenseshall be made with the agreement of the competent authority, by the resort ministry, by special departments,with budgetary founds.

(4) The perimeters of the mines with the exploitation activity temporary closed, noticed as per article 51,

paragraph (3) can be given to concession/administration to another owner after the activity was stopped. Inthis purpose, the competent authority shall organize public biddings.

CHAPTER VIIMines closingArticle 53

(1) The responsibility of the obligation fulfillment resulted from the activity ceasing of the mine or pit belongs tothe competent authority. For the companies and mining national societies this obligation checking will beperformed together with the resort ministry.

(2) During the implementation of the activity ceasing in the mine or pit the owner must fulfill the conditionsimposed by the legal authorities that granted the agreements.

(3)

The implementation of the monitoring program of the environmental factors afferent to the after closingperiod, will be performed by the owner, with its own founds. For the companies and national miningsocieties the monitoring of the environmental factors after the closing will be made by the resort ministry, bythe special departments, with budgetary founds.

CHAPTER VIIICompetent authority


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Article 54

The competent authority empowered for the application of the provisions of the present law is National Agency forMineral Resources, organized as a public institution of national interest, with juridical personality, main credit officer,under the order of Government.

CHAPTER VIIICompetent Authority

Article 55

(1) National Agency for Mineral Resources has the following main attributes:

a) It manages the mineral resources and the national geologic found, being the state public property;b) Established the provisions and the conditions of the licenses/permits provided by the law and regulates

the mining activity development by norms and technical instructions in which regards the mining activitydevelopment, issued in the application of the present law;

c)

Receives, checks and registers the dates and information regarding the resources and mineral reservesand organizes the national geological found; it constitutes the national found of resources/mineralreserves. The official dates regarding the resources/mineral reserves are the ones included in thenational found;

d) Establishes the tariffs provided at article 48 paragraph (1) under the law;e) Follows and checks the production of mineral resources for the calculation of the royalty;f) It checks the application of the measures established for the protection of the surface and underground

also after the termination of the mining activity, in conformity with the law provisions;g) It checks the observing by the owner of the provisions from license/permit, and also from the norms and

instructions from the field and take measures for their imposing;h) Notices the documentation regarding the mining activity execution, and also the documentation for

ceasing the mining activity, only with the provision and approval as per the law, of the environmental

protection measures and the ecological reconstruction;i) Limits the perimeters for the hydro-geological for the underground mineral water, geothermal and

thermalmineral waters, therapeutic clays and peats and agrees the sanitary protection perimeters;j) In the exercise of the control activity, cooperates with the territorial authorities for the water

management, environmental protection and labor protection;k) Disposes the executed mining activities suspension besides the established perimeter, the one without

approved technical documentation and also the ones that by the ongoing way may lead to unjustifiedloses of reserves or leads to the degradation of the deposits, until the causes that produced removal;

l) Elaborates norms and technical instructions for the application of the present law, being assisted by theinterested ministries;

m) Elaborates and daily update the Mining Book and the Extracting land register, as is provided in theapplication norms of the present law. The juridical papers and the documents that were not registered

in the Mining Book and in the Extracting land register are not opposable to third parties;n) It determines and notifies the nonobservance of the present law;o) It elaborates projects of law and Government decisions for the mining activities;

(2) The functioning and the organization of National Agency for Mineral Resources are established by theGovernment decision;


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CHAPTER IXThe responsibilities of the resort Ministry

Article 56

The resort ministry assures the development of the mining activities as per the present law, thus:

a) Elaborates strategies and politics in the field of mineral resources that are sent for approval to theGovernment; follows and participate to its accomplishment, in conformity with the own competences. Thestrategies and the politics elaborated are applied to the participants to the mining activities only in thefavorable sense.

b) It evaluates and approves the budget for the execution of the production of mineral resources at thecompanies and mining national societies, as per article 39, paragraph (2);

c) It elaborates programs in the application of the strategies and politics provided at letter a), and also to thebudget provided at letter b), including the prospection programs that are executed with founds allocatedfrom the state budget;

d) Is main officer for credits for the budgetary allocations for the re-technology and development, prospection

programs, as are provided in the annual geologic plan issued in conformity with letter c), technologicalresearch, protection and environmental restoration, reorganization, the preservation/ mines or pits closing,as per letter k), the measures for social protection in the case of mines closing, as per letter j) and otheractivities in the field of mineral resources;

e) Assures the studies issuing, on which basis, together with the competent authority in the field of finances,selects the mining products which exploitation is realized with founds from the state budget, substantiatestheir price, under the law;

f) Notices, together with the competent authority in the field of labor and social solidarity, the norms for thelabor protection in the mining field;

g) Notices together with the competent authority in the field of environmental protection, norms forenvironmental protection specific to mining activity;

h) Elaborates, together with the competent authority in the field of labor and social solidarity and with the

employers organization and syndicate, programs for medical assistance and assurance for risks andaccidents, in order to rehabilitate and compensate the ones who suffered work accidents and professionaldisease in the mining activity;

i) It notifies the feasibility studies and developing plans of the companies and national mining societies andalso the definite or temporary termination of the exploitation activities;

j) It substantiates and elaborated national politics in the field of social problems from the areas wth miningactivity, together with the competent authority in the field of labor and social solidarity and with thedepartments of the local public administration;

k) By special departments, assumes the execution of the preservation/ closing of the mines or pits belonging tothe companies and mining national societies, and also the mines and pits, the exploration works that werestopped before entering in force the present law and which are not representing the object of a bidding and

assures the monitoring of the environmental factors after the closing;l) Notices the law projects and the decisions projects of the Government for the mining activities.

CHAPTER XSanctionsArticle 57


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(1) The nonobservance by the permits and licenses owners of the obligation provided by the present lawconstitutes offense, if, as per the penal law, does not constitute infraction and is sanctioned with acontravention fine as follows:

a) From 30.000.000 lei to 60.000.000 lei for the breach of the obligations established by article 23 and article

39 paragraph (1), letters b), d), e), f), h) and i) and paragraph (2) letter c);b) From 60.000.000 lei to 200.000.000 lei for the breach of the obligations established at article 39 paragraph

(1) letter a), c), g), j), l ), n), o) and s);c) From 200.000.000 lei to 500.000.000 lei for the breach of the obligations established by article 4 paragraph

(3) and article 39 paragraph (1), letters k), m), p) and t);

(2) The execution of mining activities without a permit or license, excepting the causes provided at article 29,constitutes and infraction and is punished with jail from 6 months to 2 years;

(3) The determination of execution of activities without permit or license is made by the contract authority and isinformed to the competent state departments;

CHAPTER X

SanctionsArticle 58

(1) The commitment for the second time of one of the offenses sanctioned as per the provisions of article 57 issanctioned with the double of the maximum fine provided at article 57;

(2) The continuous nonobservance of the disposals for which are established the sanctions at article 57 leadsto the revoke of the license/ permit;

(3) To the offenses provided at article 57 are applicable in the measure that the present law does not states inanother manner, legal disposals regarding the juridical state of contraventions

(4) The value limits of the fees provided at article 57 shall be periodically updated, as per the provisions of

article 44, paragraph (5).

CHAPTER XSanctions

Article 59

(1) The offenses statement and the applicance of the sanctions is made by the empowered personnel of thecompetent authority;

(2) The amount received from the fees become an income to the state budget, as per the legal provisionsregarding the juridical state of the offenses.

CHAPTER XIFinal and transitory provisionsArticle 60

(1) The provisions of the license in force remain valid, on their whole duration, under the conditions that wereconcluded;


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(2) The grantion of the facilities as state help for the owners of the licenses of exploration and/or exploitation,concluded before entering in force of the present law, for the ones that are under approval by theGovernment and for the new solicitors is made by observing the law in force regarding the state help.

(3) Repealed

(4) The direct grantion of the exploitation licenses will be made under the existent conditions at the date of

requests sending only for the public institutions, mining national companies and the commercial societiesthat at 15thof June 2001 have handed over to the competent athority the necessary documentation for theirapproval


Government Decision 101/2007 for the modification and the completion of the Mines Law 85/2003 and the PetrolLaw no. 238/2004 dated 04 thOctober 2007, Official Monitor 684/2007;Government Decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and the PetrolLaw no. 238/2004 dated 04 thOctober 2007, Official Monitor 684/2007;The Law 237/2004 for the modification of the Mines Law no. 85/2003 date 07 th June 2004, Official Monitor553/2004;


The solving of the litigations in connection with the interpretation and the execution of the licenses/permits is of thecompetence of the instances from Romania, if the parties did not agree the amicable solving, including theinternational instances.

Chapter XIFinal and transitory provisionsArticle 62

In a term of 90 days from the publication of the present law in the Official Monitor of Romania, Part I, the competentauthority will elaborate the application norms, that are approved by the Government decision.


The resort ministry together with the competent authority in the field of labor and social solidarity, with the consulting

of the syndicates and employers, will issue, in a term of 90 days from the publication of the present law in the Official

Monitor of Romania, Part I, the Statute of the personnel from the mining industry, that is approved by Government

decision.

CHAPTER XI

Final and transitory provisions

Article 64


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The resort ministry together with the competent authority, will elaborate, in a term of 90 days from the publication of

the present law in the Romanian Official Monitor, Part I, the Mining topography Rule

CHAPTER XI


Article 65

(1) For the rapid intervention in the cases of accidents and damages, the owner organises stations for mining

saving;

(2) The organization of the mining saving stations is made at the mines and pits or in the central units, on the

basisns or mining regions. The decision for organising belongs to the owner, that is obliged previously to

obtain the agreement from the territorial inspectorate for the labor protection and the territorial inspectorate

of environmental.

(3) The organization and functioning of the mining rescue stations are made as per the Romanian law in force

in the field of environmental protection and labor protection.

CHAPTER XI

Finl and transitory provisions

Article 66

(1) In the purpose of prevention of the mining activity accidents, and also for the recovery of the workforce

and/or the granting of compensation and aid to the legal succesors in the case of death, can be organized,

as per the law, professional associations, as legal persons without non-profit making.

(2)

The associations provided at paragraph (1) are organised and function in conformity with the law in force.

(3) The obligation of the contribution of the licenses owners at the intervention founds of the association shall

me mentioned in their statute, and the amount of the contribution shall be agreed between the parties.

CHAPTER XI


Article 67

For the radioactive raw materials the National Commission for the Control of the Nuclear activity exercise the check

for the nuclear security, informs the National Agency for Atomic Energy, and this reports to the speciality international

organisms, as per the agreements and conventions in which Romania is part of.

CHAPTER XI


Article 68


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The present law enters in force at its publishment in the Official Monitor of Romania, Part I.

CHAPTER XI


Article 69

At the date of the entering in force of the present law is abrogated the Mines Law no. 61/1998, published in the

Official Monitor of Romania, Part I, no. 113, dated 16 thMarch 1988, with the modifications and further completions,

and also other contrary disposals.

the mines law 85 - eng

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