Project title: Legitimacy and Accountability for better protection of Whistleblowers - LAW
Project code: 101142981 — LAW — CERV-2023-CHAR-LITI
Beneficiary and project partners:
Transparency International Romania – coordinator
Transparency International Bulgaria – partner
National Integrity Agency – partner (between March 2024 and July 2025)
The main goal of the project is to contribute to national and EU efforts to support and protect whistleblowers and build capacity of national authorities and legal practitioners to ensure adequate legal remedies to protect whistleblowers.
Aimed results:
- At least 180 persons and institutions they work for will have improved knowledge to correctly apply the national legal framework transposing EU Directive 1937/2019.
- At least 60 civil society representatives from Romania and Bulgaria will have increased capacity and improved knowledge based on thematic workshops in the project (regarding whistleblowing protection in the context of the new specific law recently approved in Romania and Bulgaria).
- At least 180 students from the two countries will be expected to participate at thematic seminars regarding whistleblowing protection.
- At least 150 experts in the field of whistleblowing will be invited to join an online networking group, in order to create a community of experts in the field of whistleblowers protection, by providing a secure space, to freely exchange views and learn from each other.
- At least 3 million people, including potential whistleblowers will benefit from better information about their legal rights and obligations, including reliable channels to report wrongdoing and in terms of adequate support.
- Also, the communication campaign will contribute to increased awareness and understanding amongst the general public of the existing reporting channels and procedures to report wrongdoing, as well as of the rights provided under the national framework and under the Directive.
Period of implementation: March 2024 - February 2026
The project has been extended until August 2026.
Budget: 257.881 euro, 90% assured by donor and 10% assured by partners.
Project manager contact: georgiana.ciuta@transparency.org.ro
Project co-financed by the European Union through the European Commission - Citizens, Equality, Rights and Values Programme (CERV)
Law nr. 361/2022 on the protection of whistleblowers in the public interest
ARTICLE 1
Regulatory area
- This Law shall constitute the general framework in the field of protection of persons who report violations of the law, which have occurred or which are likely to occur, within the authorities, public institutions, other legal entities of public law, as well as within private legal entities.
- This Law regulates the procedure of receiving, examining and solving reports, the rights and obligations of persons who report or publicly disclose information on violations of the law, measures for their protection, the obligations of authorities, public institutions, other legal entities of public law, as well as private legal entities, the rights of the data subjects, as well as the duties of the competent authorities.
- The special rules on the reporting of violations of the law contained in the normative acts provided for in Annex no. 1 shall continue to apply. The provisions of this Law shall be applied in situations where the regulations of the normative acts listed in Annex no. 1 do not contain special mandatory rules on the reporting of violations of the law.
- This Law shall not apply to reports of breaches of public procurement rules in the fields of defence and national security, where they fall within the scope of Article 346 of the Treaty on the Functioning of the European Union.
- This Law shall be without prejudice to the provisions concerning:
(a) the protection of classified information;
- professional secrecy of the lawyer;
- confidentiality of medical information;
(d) the secret nature of judicial deliberations;
e) the rules of criminal procedure.
- This Law shall be without prejudice to the right of workers to consult with their representatives or trade unions, nor the rules on protection against any harmful measure arising from such consultations.
- This Law shall be without prejudice to the rules on the autonomy of the social partners and their right to conclude contracts or collective agreements.
ARTICLE 2
Scope
- This Law shall apply to persons who make reports and who have obtained information on violations of the law, in a professional context. Such persons shall include, as a minimum, the following:
- workers;
- self-employed persons within the meaning of Article 49 of the Treaty on the Functioning of the European Union;
- shareholders and persons who are part of the administrative, management or supervisory body of an undertaking, including non-executive members of the board of directors, as well as paid or unpaid volunteers and trainees;
- any person working under the supervision and direction of the natural or legal person with whom the contract has been concluded, its subcontractors and suppliers.
- This Law shall also apply to persons whose employment relationships have not yet begun and who make reports through internal or external reporting channels or publicly disclose information on violations of the law obtained during the recruitment process or other pre-contractual negotiations or in the event that the employment relationship or service relationship has been terminated.
- This Law shall also apply to persons who report or publicly disclose information on violations of the law anonymously.
ARTICLE 3
Terms and expressions
For the purposes of this Law, the following terms and expressions shall have the following meanings:
- violations of the law - facts consisting of an act or inaction that constitute non-compliance with the legal provisions, which concern areas such as: public procurement; financial services, products and markets, as well as the prevention of money laundering and terrorist financing; the safety and conformity of the products; transport safety; environmental protection; radiological protection and nuclear safety; food and feed safety, animal health and welfare; public health; consumer protection; the protection of privacy and personal data and of the security of network and information systems, as set out in Annex No 2, infringements affecting the European Union's financial interests as
referred to in Article 325 of the Treaty on the Functioning of the European Union and as detailed in the relevant measures of the European Union; referred to in Article 26 (26) (a) of the Treaty on the Functioning of the European Union; (2) of the Treaty on the Functioning of the European Union, including infringements of the European Union rules on competition and State aid, as well as infringements relating to the internal market in respect of acts in breach of corporate tax rules or mechanisms the purpose of which is to obtain a tax advantage contrary to the object or purpose of the applicable corporate tax law, which represent disciplinary misconduct, contraventions or offences, or which contravene the object or purpose of the law;
- information on violations of the law - information, including reasonable suspicions, about actual or potential violations of the law, which have occurred or which are likely to occur within the authorities, public institutions or other legal persons of public law, as well as within the legal persons of private law, in which the whistleblower works or has worked in the public interest or with which he is or has been in contact through its activity, as well as information on attempts to conceal such violations;
- reporting - oral or written communication of information, in accordance with the procedures laid down in Article 5 align. (4), in respect of any act that constitutes a violation of the law;
- internal reporting - oral or written communication of information on violations of the law within an authority, public institution, legal entities of public law, as well as within private legal entities. Internal reporting is carried out by the means made available by the authorities, public institutions, legal entities of public law, as well as by private legal entities for carrying out reports on violations of the law, these constituting the internal reporting channels;
- external reporting - oral or written communication of information on violations of the law carried out through the external reporting channels represented by the authorities referred to in item 15;
- public disclosure - making available, in any way, in the public space information on violations of the law;
- whistleblower in the public interest - the individual who makes a report or publicly discloses information on violations of the law, obtained in a professional context;
- facilitator - the natural person who assists the whistleblower in the public interest in the reporting process in a professional context and whose assistance must be confidential;
- professional context - professional activities, current or previous, of any kind, remunerated or not, carried out within the authorities, public institutions, other legal entities of public law, as well as within private legal entities, on the basis of which persons can obtain information on violations of the law and may suffer retaliation in case of their reporting;
- worker - a natural person who is in an employment relationship or service relationship, pursuant to the provisions of common or special law in the field, and performs work in return for remuneration;
- data subject by reporting - the natural or legal person mentioned in the report or in the public disclosure as the person to whom the violation of the law is attributed or with whom that person is associated;
- retaliation - any direct or indirect action or omission arising in a professional context, which is determined by internal or external reporting or by public disclosure and which causes or may cause harm to the whistleblower in the public interest;
- follow-up actions - any action taken by the recipient of an internal report or by the competent authority to resolve the reporting and, where appropriate, to remedy the reported breach;
- information - transmission to the whistleblower in the public interest of information on follow- up actions and the reasons for such actions;
- authority competent to receive reports of violations of the law is:
- public authorities and institutions that, according to special legal provisions, receive and settle reports on violations of the law, in their field of competence;
- the National Integrity Agency, hereinafter referred to as the Agency;
- other public authorities and institutions to which the Agency transmits the reports for settlement competence;
- the designated person - the person responsible for the duties referred to in Article 10 para. (1) letter c) appointed at the level of the public authority, institution or within private legal entities, as well as within other legal entities of public law. Depending on the number of employees, the duties may be exercised by a person, a compartment or may be outsourced to a third party, hereinafter referred to as the designated third party.
ARTICLE 4
General principles
The principles governing the protection of reports of violations of the law are as follows:
- the principle of legality, according to which the authorities, public institutions, other legal persons of public law, as well as legal persons of private law have the obligation to respect the fundamental rights and freedoms, by ensuring the full respect, among others, of the freedom of expression and information, of the right to the protection of personal data, of the freedom to carry out a commercial activity, the right to a high level of consumer protection, the right to a high level of protection of human health, the right to a high level of environmental protection, the right to an effective remedy and the right of defence;
- the principle of accountability, according to which the whistleblower in the public interest has the obligation to present data or information on the reported facts;
- the principle of impartiality, according to which the examination and settlement of reports are made without subjectivity, regardless of the beliefs and interests of the persons responsible for their settlement;
- the principle of good administration, according to which public authorities and institutions, other legal entities of public law are obliged to carry out their activity in the realization of the general interest, with a high degree of professionalism, in conditions of efficiency and effectiveness of the use of resources;
- the principle of balance, according to which no person can rely on the provisions of this Law to reduce the administrative or disciplinary sanction for a more serious act of his own that is not related to the reporting;
- the principle of good faith, according to which the person who had good reasons to believe that the information on the reported violations was true at the time of reporting is protected and that the information fell within the scope of this Law.
ARTICLE 5
Reporting methods
- Under this Law, the reporting methods are the following:
- internal reporting;
- external reporting.
- Reporting on violations of the law shall be carried out mainly through existing internal reporting channels. The whistleblower in the public interest who carries out a report on violations of the law can, however, choose between the internal reporting channel and the external reporting channel. When choosing the reporting channel, the whistleblower in the public interest may take into account aspects such as:
- the existence of the risk of retaliation, in case of reporting through internal channels;
- the impossibility of remedying the breach effectively through internal reporting channels.
- In the absence of internal reporting channels in the case of legal persons governed by private law with fewer than 50 employees, other than those referred to in Article 9 para. (4) , the whistleblower in the public interest who carries out a report on violations of the law uses the external channel.
- Reporting shall be made in writing, on paper or in electronic format, by communication to telephone lines or other voicemail systems, or by face-to-face meeting, at the request of the whistleblower in the public interest.
ARTICLE 6
Content of reports
- The report shall include, at least, the following: name and surname, contact details of the whistleblower in the public interest, the professional context in which the information was
obtained, the data subject, if known, the description of the deed likely to constitute a violation of the law within an authority, public institution, any other legal person of public law, as well as within the legal person of private law, as well as, where appropriate, the evidence in support of the report, the date and signature, as the case may be.
- By way of exception from the provisions of para. (1) , the reporting that does not include the name, surname, contact details or signature of the whistleblower in the public interest shall be examined and settled to the extent that it contains indications regarding the violations of the law.
ARTICLE 7
Record keeping of reports
- The reports shall be entered in a register, which shall include the date of receipt of the report, the name and surname, the contact details of the whistleblower in the public interest, the object of reporting and the method of settlement. The authorities, public institutions, other legal persons of public law, as well as the legal persons of private law and the competent authorities referred to in Article 3 point 15, through the person or compartment designated according to the provisions of Article 10 para. (1) point (c) shall be required to keep records of the reports in the register. The register shall be kept in computerised form. Authorities, public institutions, other legal entities of public law, as well as private legal entities with at least 50 employees, as well as competent authorities according to the provisions of article 3 point 15, through the designated person or compartment, have the obligation to maintain statistics on reports regarding violations of the law.
- Authorities, public institutions, other legal entities of public law, as well as private legal entities shall keep records of all reports received in compliance with the confidentiality requirements. Reports are kept for 5 years. After the expiration of the 5-year retention period, they are destroyed, regardless of the support on which they are kept.
- Where a telephone line or other voicemail system is used for reporting, the designated person shall be required to document the report in one of the following ways:
- by making a recording of the conversation in a durable and accessible form, subject to the consent of the whistleblower in the public interest;
- through a complete and accurate transcript of the conversation.
- Where a telephone line or other voicemail system is used for reporting where the conversations cannot be recorded, the designated person shall be obliged to draw up a report of the complete and accurate transcript of the conversation. Designated persons shall give the whistleblower in the public interest the opportunity to check, rectify and agree to the minutes of the conversation by signing it.
- If the whistleblower in the public interest requests that the report take place in the presence of the designated person, he/she shall draw up a report of record, in a durable and accessible form, subject to the consent of the whistleblower in the public interest. The designated person shall give the whistleblower in the public interest the opportunity to verify, rectify and agree to the minutes of the conversation by signing it.
- If the whistleblower in the public interest does not express his/her consent to the transcription or recording of the conversation, he/she shall be directed to report in writing, on paper, to the designated person, or in electronic format, to a dedicated e-mail address.
- The period referred to in para. (2) shall also apply in the case of the transcription referred to in paragraph (a). (3) point (b) and of the minutes referred to in paragraph 3(a) of this Article. (4) and (5).
ARTICLE 8
Obligation to maintain confidentiality
- The person appointed to settle the report shall not disclose the identity of the whistleblower in the public interest nor the information that would allow his direct or indirect identification, unless he/she has his/her express consent.
- By way of exception from the provisions of para. (1) , the identity of the whistleblower in the public interest and any other information referred to in para. (1) may be disclosed only if this is an obligation imposed by law, in compliance with the conditions and limits laid down therein.
- In the case referred to in para. (2) , the whistleblower in the public interest shall be informed in advance, in writing, of the disclosure of the identity and of the reasons for the disclosure of the confidential data concerned. The obligation does not exist where the information would jeopardise judicial investigations or proceedings.
4. The information contained in the reports constituting trade secrets may not be used or disclosed for purposes other than those necessary to resolve the report.
- The obligation to maintain confidentiality does not exist where the whistleblower in the public interest has intentionally disclosed his identity in the context of a public disclosure.
- The obligation to maintain confidentiality shall also be maintained if the reporting reaches by mistake another person within the authority, public institution, any other legal person of public law, as well as within private legal entities other than the designated person. In that case, the report shall be immediately forwarded to the designated person.
ARTICLE 9
Obligation to establish internal reporting channels
- Authorities, public institutions, other legal entities governed by public law, regardless of the number of employees, as well as legal entities of private law that have at least 50 employees, shall have the obligation to identify or establish internal reporting channels and to establish internal reporting procedures and for carrying out follow-up actions. The designated third party shall be required to apply the reporting procedure provided for in Article 10 (10). (1) .
- The obligation to identify or establish internal channels for reporting, to establish internal reporting procedures and to carry out follow-up actions established by the public authorities and institutions shall also apply to their structures without legal personality, which have at least 50 employees.
- The administrative-territorial units with less than 10,000 inhabitants or with less than 50 workers may be grouped and may use or share resources regarding the receipt of reports on violations of the law and in terms of follow-up actions.
- Legal entities of private law that have between 50 and 249 employees may be grouped and may use or share resources regarding the receipt of reports on violations of the law and regarding the follow-up actions.
- The provisions of para. (3) and (4) are without prejudice to the obligation to maintain confidentiality, to inform the whistleblower in the public interest and to settle the report.
- Legal entities governed by private law falling within the scope of the normative acts referred to in Annex 3 shall establish or maintain internal reporting channels and procedures for internal reporting and for taking follow-up actions, regardless of the number of employees.
ARTICLE 10
Internal reporting procedure
- The internal reporting and follow-up procedures shall include the following:
- design, establishment and management of the way of receiving reports in such a way as to protect the confidentiality of the identity of the whistleblower in the public interest and of any third party mentioned in the report and to prevent the access to reporting of unauthorized personnel;
- the obligation to send to the whistleblower in the public interest the confirmation of receipt of the report, within a maximum of 7 calendar days from its receipt;
- the appointment of a person, a compartment or a third party, with attributions regarding the receipt, registration, examination, performance of follow-up actions and settlement of reports, to act impartially and to be independent in the exercise of these duties;
- diligently performing the follow-up actions by the designated person;
- the obligation to inform the whistleblower in the public interest about the status of the follow- up actions, within a maximum of 3 months from the date of the acknowledgement of receipt or, if the receipt of the report has not been confirmed, from the expiry of the 7-day period provided for in letter b), as well as, subsequently, whenever developments are recorded in the conduct of follow- up actions, unless such information could jeopardise its development;
- the obligation to inform the heads of authorities, public institutions, other legal entities of public law, as well as private legal entities, on the way of solving the reporting;
- the obligation to provide clear and easily accessible information on external reporting procedures to the competent authorities and, where appropriate, to the institutions, bodies, offices or agencies of the European Union;
- the obligation to inform the whistleblower in the public interest about the way of solving the report.
(2) The designated person, as well as the means of reporting, shall be brought to the attention of each employee, by displaying it on the website of the institution and by displaying it at the headquarters, in a visible and accessible place. The employer must ensure that, at all times, at least one means of reporting is accessible.
ARTICLE 11
Ranking of internal reporting
- The reporting shall be ranked when:
- does not contain the elements referred to in Article 6, other than the identification data of the whistleblower in the public interest, and the designated person has requested its completion within 15 days, without this obligation being fulfilled;
- the report is transmitted anonymously and does not contain enough information on violations of the law, to allow the analysis and resolution of the report, and the designated person requested its completion within 15 days, without this obligation being fulfilled.
- In the situation referred to in para. (1) letter a) the solution of closure shall be communicated to the whistleblower in the public interest, indicating the legal basis.
- If a person makes several reports with the same object, they shall be related, the whistleblower in the public interest shall receive a single information. If a new report with the same subject matter is received after its submission, without presenting additional information to justify a different follow-up action, it shall be closed.
4. The person designated in accordance with Article 10 align. (1) letter c) may decide to terminate the proceedings if, after examination of the report, it is found that it is a clearly minor infringement and does not require further follow-up action other than the closure of the procedure. This provision shall be without prejudice to the obligation to maintain confidentiality, to inform the whistleblower in the public interest and shall be without prejudice to any other obligations or other applicable procedures to remedy the reported breach.
(5) The solution of closure shall be communicated to the whistleblower in the public interest, indicating the legal basis.
ARTICLE 12
Competent authorities
- The external reporting channels shall be represented by the authorities referred to in article 3 point 15.
(2) In the event that, according to special laws, the competence to receive and carry out follow-up actions lies with the authorities referred to in Article 3 point 15 letter a), the reports received by the Agency shall be forwarded, immediately, to them, keeping the guarantees regarding confidentiality and integrity. The authorities referred to in Article 3 (15) (a) shall be obliged to forward to the Agency forthwith the report which falls within its competence.
- The Agency shall be obliged to forward, immediately, the report for settlement also to the authorities referred to in Article 3 point 15(c), as appropriate, where appropriate, where it is not competent to examine and carry out follow-up. The redirection is carried out with the preservation of the guarantees regarding confidentiality and integrity.
- The authorities referred to in Article 3(15)(c) shall be obliged to forward misdirected reporting to the Agency without delay. The agency will redirect the reporting, depending on its subject matter, according to para. (3) , and the whistleblower in the public interest will be notified thereof. The redirection is carried out with the preservation of the guarantees regarding confidentiality and integrity.
- The authorities referred to in Article 3 point 15 shall be obliged to notify the whistleblower in the public interest of the redirection within 3 working days from it.
ARTICLE 13
Rights and obligations of the competent authorities
- In dealing with the reporting and carrying out follow-up, the Agency and the authorities referred to in Article 3(15 )(c) shall have the following rights:
- to request the documents held by the authorities, public institutions, legal entities of public law and legal entities of private law, regardless of their form, and to receive copies thereof;
- to request information from the authorities, public institutions, legal entities of public law and legal entities of private law, from the whistleblower in the public interest, the data subject and any other person who can provide information in order to settle the reports. Requests for information may also be made by inviting them to the premises of the competent authorities.
- In dealing with the reporting and carrying out follow-up, the Agency and the authorities referred to in article 3 point 15 (c) shall have the following obligations:
- receive, examine and respond to reports, for which purpose they designate persons with these attributions;
- carries out follow-up actions related to violations of the law;
- ensures the confidentiality of the report;
- ensures the keeping of the reports for a period of 5 years from the moment of registration in order to allow additional verifications to be carried out;
- maintain contact with the whistleblower in the public interest, in order to request additional information and to inform, in accordance with the provisions of Article 3 point 14;
- informs the whistleblower in the public interest about the way of solving the report.
- The authorities referred to in Article 3, points 15 (a) and (c) shall be required to provide training to the persons designated to deal with the reports.
- The effective arrangements for carrying out the rights and obligations shall be carried out in accordance with the procedure laid down in paragraph (1) and (2) shall be determined by order of the President of the Agency and, where appropriate, by acts of the authorities referred to in Article 3, point 15.
ARTICLE 14
Tasks of the Agency
In the application of this Law, the Agency shall carry out the following tasks in relation to reports of violations of the law:
- settles the reports that fall within its competence;
- submits the report to the competent authority to solve it, depending on its subject matter;
- transmits in due time the information contained in the report to the competent institutions, bodies, offices or agencies of the European Union, as the case may be, in order to carry out follow- up actions, in accordance with the law;
- periodically organizes public information activities on the procedure for reporting violations of the law and on protection measures;
(e) provide advice, upon request, to employers in drawing up and, where appropriate, reviewing the procedures referred to in Article 9 (1) ;
- ensures the training of the persons designated to solve reports;
- provides confidential advice, upon request, to persons who intend to make a report on the procedure for reporting, examination and settlement of the report;
- formulates proposals for amending and supplementing the relevant legislation;
- cooperates with similar institutions and organisations in the European Union and other countries and with non-governmental organisations.
ARTICLE 15
Obligation to inform
- In carrying out the duties provided for by this Law, the Agency shall publish on the website of the institution, in a separate section, easily identifiable and accessible, at least the following information:
- the conditions for benefiting from protection under this Law;
- contact information for reporting: postal and electronic address for reporting, telephone numbers, mention on the recording of telephone conversations;
- the procedure applicable to the reporting of the violation of the law, including the way in which the Agency may request the whistleblower in the public interest to clarify the information reported
or to provide additional information, the time limit for informing the whistleblower in the public interest, as well as the type and content of the information;
- the obligation to maintain confidentiality regarding the identity of the whistleblower in the public interest;
- the obligation to ensure that whistleblowers in the public interest are informed about the processing of personal data, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /EC (General Data Protection Regulation) and of the Law no. 363/2018 on the protection of natural persons with regard to the processing of personal data by the competent authorities for the purposes of preventing, discovering, investigating, prosecuting and combating crimes or the execution of penalties, educational and security measures, as well as on the free movement of such data and the provisions of Regulation (EU) 2018 / 1.725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the institutions, bodies, offices and agencies of the Union and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1.247/2002/EC;
- the nature of the follow-up actions that can be taken in order to solve the reports;
- remedies and ways of ensuring protection against retaliation;
(h) information on contact details and the time frame within which the designated persons within the Agency provide advice to persons who intend to carry out a report;
i) a model statement containing the conditions under which the whistleblower in the public interest is protected from liability for breach of confidentiality.
- The Agency shall publish annually, on the institution's website, statistics on the number of reports received, the number of examinations and follow-up actions initiated and the information transmitted, as well as, if confirmed, the estimated financial damage and the amounts recovered from the reports.
- The obligations referred to in para. (1) shall also be responsible for the authorities referred to in Article 3(15)(a) and (c).
ARTICLE 16
Responsible persons
- In order to settle the reports, a separate specialized structure, organized according to the organization and functioning regulation of the institution, shall be established within the Agency.
- The Agency shall, by order of the President, appoint integrity inspectors with duties to manage reports of violations of the law, hereinafter referred to as responsible persons.
ARTICLE 17
External reporting procedure
- After receiving the report, the Agency, through its specialized structure, shall be obliged to register, confirming receipt, immediately, but not later than 7 calendar days from the date of receipt, unless the whistleblower in the public interest expressly requested otherwise or where the Agency reasonably considers that a confirmation of receipt of the report would jeopardise the protection of the identity of the whistleblower in the public interest.
- After recording the report, the designated person shall carry out a first examination thereof, as regards the fulfilment of the provisions of Article 2, Article 5 para. (3) and Article 6.
- The provisions of Articles 10 and 11 shall apply accordingly to the external reporting procedure.
- If, on the basis of the information contained in the report, there are indications of the existence of a violation of the law, the designated person shall proceed to the examination itself.
- The Agency shall have the power to request, collect and process data and information on the recorded reporting. Also, the Agency has the right to request, motivated, to the authorities, public institutions, other legal entities of public law, as well as to the legal entities of private law, the documents and information necessary to settle the report, with the obligation to maintain confidentiality. They shall be obliged to respond to the Agency's request no later than 15 working days after receipt of the request.
- The Agency shall be obliged to inform the whistleblower in the public interest, in accordance with the provisions of Article 3 point 14, within a reasonable period, not exceeding 3 months or, in justified cases, 6 months from the receipt of the report, as well as whenever there are developments in the conduct of follow-up actions, unless the information could jeopardise their development.
- After completing the examination, the designated person shall draw up a report containing the following elements: the presentation of the situation that was the subject of the report, including the description of the information brought to the attention of the Agency through the registered reporting and, where appropriate, by communicating to the authorities, public institutions, other legal persons of public law concerned, as well as to the legal entities of private law, conclusions and recommendations that may include references to possible references to the protective measures.
- The method of settlement shall be communicated within 5 days from the end of the examination to the whistleblower in the public interest and the data subject.
- The provisions of para. (2) - (8) article 8 para. (6) and Article 14(f) shall apply accordingly to all the competent authorities referred to in article 3 point 15.
- The reports concerning the President and Vice-President of the Agency, as well as its staff, shall be examined and settled within the National Integrity Council.
ARTICLE 18
Review of procedures
- The competent authority to receive reports shall be required to analyze and, where appropriate, review its procedure for receiving reports and for carrying out follow-up actions at regular intervals, but at least every 3 years.
- In reviewing these procedures, the competent authority shall take into account its experience and that of the other competent authorities and shall adapt its procedures accordingly.
ARTICLE 19
Public disclosure
(1) The whistleblower in the public interest who publicly discloses information on the violation of the law shall benefit from protection if one of the following conditions is met:
a) first reported internally and externally or directly externally, according to chapter. III and IV, but considers that no appropriate measures have been ordered within the time limit laid down in Article 17 para. (6) ;
- has reasonable grounds for considering that:
- the infringement may constitute an imminent or obvious danger to the public interest or the risk of damage which can no longer be remedied; or
- in the case of external reporting there is a risk of retaliation or a low probability that the infringement will be effectively remedied in the light of the specific circumstances of the report.
(2) The notification regarding the violation of the law through public disclosure may be addressed to the press, professional, trade union or employers' organizations, non-governmental organizations, parliamentary commissions or by making available in any way in the public space information on violations of the law.
ARTICLE 20
Conditions
(1) In order to benefit from the protection measures, the whistleblower in the public interest must cumulatively meet the following conditions:
a) be one of the persons making reports in accordance with the provisions of Article 2 para. (1) and who has obtained information on violations of the law in a professional context;
- have had reasonable grounds to believe that the information on the reported infringements was true at the time of reporting;
c) have carried out internal reporting, external reporting or public disclosure.
(2) In order to benefit from the remedies, the whistleblower in the public interest must cumulatively meet the conditions set out in para. (1) , as well as the condition that retaliation is the consequence of the reporting carried out.
- The measures provided for in this Chapter shall also apply to:
- facilitators;
- third parties who have links with the whistleblower in the public interest and who could suffer retaliation in a professional context, such as his colleagues or relatives;
- legal entities owned by the whistleblower in the public interest or for which the whistleblower in the public interest works or with whom he has other types of links in a professional context;
- the whistleblower in the public interest who, anonymously, has reported or publicly disclosed information on violations, but is subsequently identified and suffers retaliation;
- the whistleblower in the public interest who reports to the competent institutions, bodies, offices or agencies of the European Union.
ARTICLE 21
Disclaimer
1. In order to protect against retaliation, the persons referred to in Articles 2 and art. 20 para. (3) shall benefit from the measures referred to in paragraphs (2) - (7).
- The whistleblower in the public interest who makes a report or public disclosure of information on violations of the law shall not be liable for violating the legal provisions or contractual clauses regarding the disclosure of information and shall not be liable for the reporting or public disclosure of such information, provided that he/she has made a public report or disclosure under the terms of this Law and has had reasonable grounds to believe that the reporting or disclosure was necessary for the disclosure of such information, provided that he/she has made a public report or disclosure under the terms of this Law and has had reasonable grounds to believe that the reporting or disclosure was necessary for disclosure a violation of the law. The provisions of Article 1 para.
(4) and (5) remain applicable.
- The whistleblower in the public interest who acquires or accesses data and information of which he/she is aware by virtue of his/her duties or employment relationships shall not be liable if the access or acquisition is aimed at reporting or publicly disclosing a violation of the law, and the public reporting or disclosure was made under the terms of this Law.
- The liability of whistleblowers in the public interest for acts or omissions that are not related to public reporting or disclosure or that are not necessary for the disclosure of a violation of the law shall be subject to the provisions of ordinary law.
- In judicial proceedings concerning infringements such as infringements of the right to image, infringement of copyright, breach of professional secrecy, breach of data protection rules, disclosure of trade secrets or actions for damages, the persons referred to in Article 2 and Article 20 para. (3) cannot be held liable as a result of reports or public disclosures made under the terms of this Law. The persons referred to in Article 2 and Article 20 para. (3) have the right to invoke that report or public disclosure in order to seek the closure of the case, provided that they had
reasonable grounds to believe that the public reporting or disclosure was necessary for the disclosure of a violation of the law, under this Law.
- Where a person reports or publicly discloses information on violations of the law under the terms of this Law and such information includes trade secrets, such reporting or public disclosure shall be considered lawful under the conditions of Article 3 para. (2) of the Government Emergency Ordinance no. 25/2019 on the protection of know-how and undisclosed business information that constitutes trade secrets against illegal acquisition, use and disclosure, as well as for the amendment and completion of certain normative acts.
- The persons referred to in Article 2 and Article 20 para. (3) who have made a public report or disclosure under the terms of this Law are entitled to full compensation for the damage suffered as a result of public reporting or disclosure.
ARTICLE 22
Prohibition of retaliation
- Any form of retaliation against whistleblowers in the public interest, threats of retaliation or attempted retaliation, in particular those concerning:
- any suspension of the individual employment contract or of the service relationship;
- dismissal or dismissal from public office;
- modification of the employment contract or service relationship;
- reduction of salary and change of work schedule;
- demotion or prevention of promotion to work or to the public office and professional development, including through negative evaluations of individual professional performance, including civil servants, or through negative recommendations for the professional activity carried out;
- application of any other disciplinary sanction;
- coercion, intimidation, harassment;
- discrimination, the creation of another disadvantage or the subjection to unfair treatment;
(i) refusal to convert a fixed-term employment contract into an employment contract of indefinite duration, where the worker had legitimate expectations that he would be offered a permanent post;
- refusal to renew a fixed-term employment contract or early termination of such a contract;
- causing damage, including to the reputation of the person concerned, in particular on social media, or financial loss, including in the form of loss of business opportunities and loss of income;
(l) inclusion in a list or in a negative database, on the basis of a sectoral agreement or at industry level, formal or informal, which may imply that the person concerned will not, in the future, find a job in that sector or industry;
- unilaterally extrajudicial termination of a contract for goods or services, without meeting the conditions for this purpose;
- cancellation of a licence or permit;
- requesting a psychiatric or medical evaluation.
(2) At the request of the whistleblower in the public interest under disciplinary investigation, within a maximum of one year from the date of reporting, the bar within the circumscription of the place of performance of the whistleblower's activity in the public interest shall provide free legal assistance during the disciplinary procedure.
ARTICLE 23
Contestation of retaliatory measures
- The whistleblower in the public interest may challenge the measures provided for in Article 22 by an application addressed to the competent court, depending on the nature of the dispute, in whose territorial district he is domiciled.
- In the disputes referred to in para. (1) the burden of proving that the contested measure is justified on grounds other than those relating to the reporting or public disclosure shall be the responsibility, as the case may be, either with the employer or the entity in respect of which the retaliation is being challenged.
(3). The court may, by way of a presidential order, even if there is no judgment on the merits, order the suspension of the measures provided for in Article 22.
- At the request of the whistleblower in the public interest who wishes to challenge the measures provided for in Article 22, the bar in the district of the place where the whistleblower's activity in the public interest carries out shall provide free legal aid.
- If the court finds that the measure was ordered as retaliation in view of the reporting or public disclosure, it may order, as the case may be, the abolition of the measure, the reinstatement of the parties to the previous situation, the compensation of the damage, the termination of the measure and its prohibition in the future, as well as any other measures for the cessation of the forms of retaliation.
- With the taking of any of the measures referred to in para. (5), the court shall also order, in all cases, the authority, public institution or legal person governed by public law or the legal person governed by private law to publish in a local or national daily newspaper, at its own expense, an extract from the decision by which it was found that one of the measures provided for in Article 22 was unlawfully ordered. . The extract shall also be published on the existing website of the authority, public institution, legal person of public law or legal person of private law, as well as on the website of the Agency, in compliance with the legislation on the protection of individuals with regard to the processing of personal data.
- If the court finds that, at least twice, retaliation has been ordered against the same whistleblower in the public interest against the same whistleblower in the public interest, it may order, as the case may be, any of the measures provided for in para. (5), as well as the application of a civil fine in the amount of up to 40,000 lei.
- The provisions referred to in para. (1) - (7) shall also apply to the other persons referred to in Article 20 (3) .
ARTICLE 24
Counselling, information and assistance
- The Agency shall provide advice and information on the protection measures, rights, procedures and remedies applicable.
- The Agency shall assist whistleblowers in the public interest in protecting them against retaliation before any authority.
ARTICLE 25
Protection of the identity of the data subject and of third parties
- The rules on the protection of identity applicable to whistleblowers in the public interest, provided for in Article 8 para. (1) , Article 13 para. 2 point (c) and Article 31 shall also apply to the data subject as well as to the third persons referred to in the report.
- The identity of the data subject shall be protected as long as the follow-up to the reporting or public disclosure is ongoing, unless, as a result of the settlement of the report or disclosure, it is found that the data subject is not guilty of the violations of the law that were the subject of the report or disclosure.
- The persons concerned shall have the rights of defence, including the right to be heard and the right of access to their own file.
ARTICLE 26
Conditions regarding the disciplinary investigation
- At the request of the whistleblower in the public interest investigated as a result of internal, external reporting or public disclosure, the disciplinary commissions or other similar bodies within the authorities, public institutions, other legal persons of public law or legal persons of private law shall have the obligation to invite the press and a representative of the trade union or professional association or a representative of the employees, where applicable.
- The announcement shall be made by communication on the website of the authority, public institution, legal person of public law or private legal entity at least 3 working days before the meeting, under the sanction of nullity of the report and of the disciplinary sanction applied.
ARTICLE 27
Prohibition of waiver of rights and remedies
- The rights and measures provided for in this Law shall not be subject to waiver or limitation by contract, form or conditions of employment, including an arbitration agreement prior to a dispute.
- Any transaction aimed at limiting or renouncing the rights and measures provided for by this Law shall be null and void.
ARTICLE 28
Liability
- Violation of the provisions of this Law shall entail, as the case may be, civil, disciplinary, contraventional or criminal liability.
- The following acts shall constitute contraventions, unless they have been committed under such conditions as to be considered, according to the criminal law, offences and shall be sanctioned as follows:
- preventing, by any means, the reporting by the person designated to receive and register the reports or by the person who is part of the compartment designated for this purpose within the legal entities referred to in Article 1 para. (1) , with a fine from RON 2,000 to RON 20,000;
- the unjustified refusal of the authorities, public institutions, legal entities of public law, as well as legal entities of private law to respond to the requests of the Agency and the authorities referred to in Article 3 point 15 letter c) in the exercise of their duties under the provisions of Article 17 para. (5) , with a fine from RON 3,000 to RON 30,000;
- failure of the legal persons referred to in Article 1 (1) to comply withthe obligation to establish the internal reporting channels referred to in Article 9 para. (1) , with a fine from RON 3,000 to RON 30,000;
- non-compliance by the legal persons referred to in Article 1 (1) with the obligations referred to in Article 10 para. (1) letter a) with a fine from RON 4,000 to RON 40,000;
e) violation by individuals of the obligation to maintain the confidentiality of the identity of whistleblowers in the public interest, of the data subject or of third parties, as provided for in Article 8 and Article 25, with a fine from RON 4,000 to RON 40,000.
ARTICLE 29
Non-existent reporting
Reporting information on violations of the law, knowing that they are unreal, constitutes a contravention and is sanctioned with a fine from 2,500 lei to 30,000 lei, if the act was not committed under such conditions as to be considered, according to the law, a crime.
ARTICLE 30
Finding of contraventions and application of sanctions
- The finding and sanctioning of the contraventions referred to in Articles 28 and 29 shall be made by the staff of the agency's specialized structure referred to in Article 16.
- By way of derogation from the provisions of Article 8 (2), of the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law
no. 182/2002, with subsequent amendments and completions, the fines applied to individuals are fully paid to the state budget.
- To the extent that this Law does not provide otherwise, the contraventions provided for in Articles 28 and 29 shall be subject to the provisions of Government Ordinance no. 2/2001, approved with amendments and additions by Law no. 182/2002, with subsequent amendments and completions.
ARTICLE 31
Processing of personal data
- All processing of personal data carried out under this Law, including the exchange or transmission of personal data by the competent authorities, shall be carried out in accordance with the provisions of Regulation (EU) 2016/679 and of Law no. 363/2018, as well as the provisions of Regulation (EU) 2018 / 1.725.
2. Personal data which are not necessary for the settlement of a particular report shall not be collected or, if collected accidentally, shall be deleted.
ARTICLE 32
Law enforcement over time
Reports formulated and unresolved before the entry into force of this Law shall remain subject to the legal provisions in force on the date of formulation.
ARTICLE 33
Elaboration and review of internal procedures
Within 45 days from the date of entry into force of this Law, the public authorities and institutions responsible for the implementation of this Law shall have the obligation to elaborate or, as the case may be, to review, in accordance with the provisions of this Law, the applicable internal procedures. Within the same time limit, the President of the Agency shall approve the order referred to in Article 13 (4) of this Law.
ARTICLE 34
Establishment of the specialised structure within the Agency
- The structure provided for in Article 16 shall be established within 45 days from the date of entry into force of this Law, by amending the organization and functioning regulation of the National Integrity Agency.
- Within the period provided for in para. (1) the number of positions to be occupied by integrity inspectors with attributions of management of reports on violations of the law shall also be established.
ARTICLE 35
Reporting to the European Commission
- The Agency shall provide the European Commission, on an annual basis, with the available statistical data required under Article 27para. (2) of Directive (EU) 2019/1.937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting on breaches of Union law.
- The competent authorities referred to in article 3, points 15 letter (a) and (c) shall transmit annually to the Agency statistical data on the reports. The effective arrangements for carrying out this obligation and the reporting indicators shall be laid down by order of the President of the Agency.
ARTICLE 36
Entry into force
The obligation to identify or establish internal reporting channels according to chapter. III - Reporting through internal reporting channels, regarding private legal entities that have between 50 and 249 employees, enters into force on December 17, 2023.
ARTICLE 37
Repeal of previous legal provisions
At the date of entry into force of the law, the Law no. 571/2004 on the protection of personnel in public authorities, public institutions and other units that report violations of the law, published in the Official Gazette of Romania, Part I, no. 1214 of December 17, 2004, is repealed.
ARTICLE 38
Annexes
*
This Law transposes Directive (EU) 2019/1.937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting on breaches of Union law, published in the Official Journal of the European Union, L series, no. 305 of 26 November 2019.
This law was adopted by the Parliament of Romania, under the conditions of art. 77 para. (2) , in compliance with the provisions of Article 75 and Article 76 para. (1) of the Constitution of Romania, republished.
|
p. PRESIDENT OF THE CHAMBER OF DEPUTIES, VASILE-DANIEL SUCIU |
p. PRESIDENT OF THE SENATE, ALINA-ŞTEFANIA GORGHIU |
Bucharest, December 16, 2022.
No. 361.
ANNEX No. 1
EU regulations
- Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Regulations (EC) No 1.321/2007 and (EC) No. Commission Regulation (EC) No 1.330/2007;
- Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC;
- Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving the settlement of securities in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012;
- Regulation (EU) No 1.286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents relating to structured and insurance-based individual investment products (PRIIPs);
- Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1.781/2006;
- Regulation (EU) 2015/2.365 of the European Parliament and of the Council of 25 November 2015 on the transparency of financing operations under financial instruments and on the transparency of re-use, and amending Regulation (EU) No 648/2012;
- Regulation (EU) 2017/1.129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market and repealing Directive 2003/71/EC.
Laws
- Law no. 297/2004 on the capital market, with subsequent amendments;
- Law no. 204/2006 on optional pensions, with subsequent amendments and completions;
- Law no. 74/2015 on alternative investment fund managers, with subsequent amendments and completions;
- Law no. 237/2015 on the authorization and supervision of the insurance and reinsurance activity, with subsequent amendments and completions;
- Law No 276/2015 establishing measures for the implementation of Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps;
- Law no. 165/2016 on the safety of offshore oil operations, with subsequent amendments and completions;
- Law no. 24/2017 on issuers of financial instruments and market operations, republished, with subsequent amendments and completions;
- Law no. 162/2017 on the statutory audit of the annual financial statements and of the consolidated annual financial statements and amending some normative acts, with subsequent amendments;
- Law No 210/2017 establishing measures for the implementation of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;
- Law no. 126/2018 on markets in financial instruments, with subsequent amendments and completions;
- Law no. 236/2018 on insurance distribution, with subsequent amendments and completions;
- Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for the amendment and completion of some normative acts, with subsequent amendments and completions;
- Law no. 1/2020 on occupational pensions, with subsequent additions.
Government Emergency Ordinances
- Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007, with subsequent amendments and completions;
- Government Emergency Ordinance no. 32/2012 on undertakings for collective investment in securities and investment management companies, as well as for the amendment and completion of Law no. 297/2004 on the capital market, approved with amendments and additions by Law no. 10/2015, with subsequent amendments and completions.
Government Decisions
Government Decision no. 811/2010 on port state control, with subsequent amendments and completions.
Acts of the central specialized public administration
- Regulation of the National Securities Commission no. 31/2006 on completing some regulations of the National Securities Commission, in order to implement some provisions of the European directives;
- Order of the National Securities Commission no. 99/2012 on the approval of Regulation No 6/2012 for the application of Article 41 of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps;
- Order of the Minister of Transport no. 1.135/2015 on measures for the application of Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and of Commission Regulations (EC) No 1.321/2007 and (EC) No 1.330/2007 , as amended;
- Order of the Minister of Transport no. 1.225/2015 regarding the compliance with the obligations incumbent on Romania as a flag state according to the provisions of the Maritime Labour Convention (MLC 2006);
- Order of the Minister of Transport No 931/2019 on measures for the application of Article 16 of Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and of Commission Regulations (EC) No 1.321/2007 and (EC) No 1.330/2007.
ANNEX No. 2
- PUBLIC PROCUREMENT
Laws
- Law on cadastre and real estate advertising no. 7/1996, republished, with subsequent amendments and completions;
- Law no. 96/2000 on the organization and functioning of the Export-Import Bank of Romania EXIMBANK - S.A., republished, with subsequent amendments and completions;
- Law on electricity and natural gas no. 123/2012, with subsequent amendments;
- Law no. 98/2016 on public procurement, with subsequent amendments and completions;
- Law no. 99/2016 on sectoral procurement, with subsequent amendments and completions;
- Law no. 100/2016 on works concessions and service concessions, with subsequent amendments and completions;
- Law no. 101/2016 on remedies and remedies in the field of awarding public procurement contracts, sectoral contracts and works concession and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints, with subsequent amendments and completions;
- Law no. 203/2018 on measures to streamline the payment of contravention fines, with subsequent amendments and completions.
Government Emergency Ordinances
- Government Emergency Ordinance no. 114/2011 on the award of certain public procurement contracts in the fields of defense and security, approved with amendments and additions by Law no. 195/2012, with subsequent amendments and completions.
- Government Emergency Ordinance no. 80/2016 for the establishment of measures in the field of central public administration, for the extension of the term provided for in article 136 of law no. 304/2004 on the judicial organization and for the amendment and completion of certain normative acts, approved with amendments by Law no. 80/2017;
- Government Emergency Ordinance no. 98/2016 for the extension of certain terms, the establishment of new terms, regarding some measures for the completion of the activities included in the contracts concluded under the Loan Agreement between Romania and the
International Bank for Reconstruction and Development for the financing of the Project on the reform of the judiciary, signed in Bucharest on January 27, 2006, ratified by Law no. 205/2006
, as well as for the amendment and completion of some normative acts, approved with amendments and completions by Law no. 111/2017, with subsequent amendments;
- Government Emergency Ordinance no. 70/2020 on the regulation of certain measures, starting with May 15, 2020, in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, for the extension of some deadlines, for the amendment and completion of Law no. 227/2015 on the Tax Code, of the National Education Law no. 1/2011, as well as of other normative acts, approved with amendments and additions by law no. 227/2015 on the Tax Code, the Law on National Education no. 1/2011, as well as other normative acts, approved with amendments and additions by law by Law no. 227/2015 No. 179/2020, with subsequent amendments.
Government Ordinances
Government Ordinance no. 6/2019 on the establishment of tax incentives, with subsequent amendments and completions.
Government Decisions
- Government Decision no. 394/2016 for the approval of the Methodological Norms for the application of the provisions on the award of the sectoral contract / framework agreement of the Law no. 99/2016 on sectoral procurement, with subsequent amendments and completions;
- Government Decision no. 395/2016 for the approval of the Methodological Norms for the application of the provisions on the award of the public procurement contract / framework agreement of the Law no. 98/2016 on public procurement, with subsequent amendments and completions.
- SERVICES, PRODUCTS AND FINANCIAL MARKETS AND THE PREVENTION OF MONEY LAUNDERING AND THE PREVENTION OF TERRORIST FINANCING
EU regulations
- Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps;
- Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;
- Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds;
- Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds;
- Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;
- Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements for the statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC ;
- Regulation (EU) No .../... Regulation (EC) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012;
- Regulation (EU) 2016/1.011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014;
- Regulation (EU) 2020/1.503 of the European Parliament and of the Council of 7 October 2020 on European business crowdfunding providers and amending Regulation (EU) 2017/1.129 and Directive (EU) 2019/1.937.
Laws
- Law no. 297/2004 on the capital market, with subsequent amendments;
- Law no. 411/2004 on private pension funds, republished, with subsequent amendments and completions;
- Law no. 503/2004 on financial recovery, bankruptcy, dissolution and voluntary liquidation in the insurance activity, republished, with subsequent amendments;
- Law no. 204/2006 on optional pensions, with subsequent amendments and completions;
- Law no. 93/2009 on non-banking financial institutions, with subsequent amendments and completions;
- Law no. 187/2011 on the establishment, organization and functioning of the Fund for guaranteeing rights in the private pension system, with subsequent amendments and completions;
- Law no. 287/2011 on certain measures related to the organization of the activity of enforcement of claims belonging to credit institutions and non-banking financial institutions;
- Law no. 74/2015 on alternative investment fund managers, with subsequent amendments and completions;
- Law no. 237/2015 on the authorization and supervision of the insurance and reinsurance activity, with subsequent amendments and completions;
- Law no. 246/2015 on insurers' recovery and resolution, as subsequently amended;
- Law no. 311/2015 on deposit guarantee schemes and bank deposit guarantee fund, with subsequent amendments and completions;
- Law no. 312/2015 on the recovery and resolution of credit institutions and investment firms, as well as for the amendment and completion of certain normative acts in the financial field, with subsequent amendments and completions;
- Law no. 24/2017 on issuers of financial instruments and market operations, republished, with subsequent amendments and completions;
- Law no. 209/2019 on payment services and for the amendment of some normative acts;
- Law no. 210/2019 on the activity of issuing electronic money;
- Law no. 158/2020 amending, supplementing and repealing certain regulatory acts, as well as establishing measures for the implementation of Regulation (EU) 2017/2.402 of the European Parliament and of the Council of 12 December 2017 establishing a general framework on securitisation and establishing a specific framework for a simple, transparent and standardised securitisation and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU, as well as Regulations (EC) No 1.060/2009 and (EU) No 648/2012.
Government Emergency Ordinances
- Government Emergency Ordinance no. 25/2002 on the approval of the Statute of the National Securities Commission, approved with amendments and completions by Law no. 514/2002, with subsequent amendments and completions;
- Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and completions by Law no. 227/2007, with subsequent amendments and completions;
- Government Emergency Ordinance no. 32/2012 on undertakings for collective investment in securities and investment management companies, as well as for the amendment and completion of Law no. 297/2004 on the capital market, approved with amendments and additions by Law no. 10/2015, with subsequent amendments and completions;
- Government Emergency Ordinance no. 93/2012 on the establishment, organization and functioning of the Financial Supervisory Authority, approved with amendments and additions by Law no. 113/2013, with subsequent amendments and completions;
- Government Emergency Ordinance no. 52/2016 on credit agreements offered to consumers for real estate, as well as for amending and supplementing Government Emergency Ordinance no. 50/2010 on credit agreements for consumers, with subsequent amendments.
Acts of the central specialized public administration
- Regulation of the National Securities Commission no. 3/2006 on the authorization, organization and functioning of the Investor Compensation Fund, with subsequent amendments and completions;
- Regulation of the National Securities Commission no. 31/2006 on the completion of some regulations of the National Securities Commission, in order to implement some provisions of the European directives;
- Order of the President of the Insurance Supervisory Commission no. 5/2008 for the implementation of the Norms on the authorization and supervision of reinsurers;
- Regulation of the National Commission for Real Estate No. 10/2012 for amending and supplementing some regulations of the National Securities Commission;
- Regulation of the National Bank of Romania no. 17/2012 on certain credit conditions, with subsequent amendments and completions;
- Regulation of the Financial Supervisory Authority no. 10/2015 on the management of alternative investment funds, with subsequent amendments and completions;
- The norm of the Financial Supervisory Authority no. 38/2015 on the technical reserves established for the insurance activity, the method of their calculation for the purpose of drawing up the annual financial statements and the special register of assets covering them;
- Financial Supervisory Authority Norm no. 7/2016 on transparency rules in case of application by the Financial Supervisory Authority of resolution instruments;
- Regulation of the Financial Supervisory Authority no. 5/2018 on issuers of financial instruments and market operations, with subsequent amendments and completions;
- Regulation of the Financial Supervisory Authority no. 1/2019 on the assessment and approval of the members of the management structure and of the persons holding key positions within the entities regulated by the Financial Supervisory Authority, with subsequent amendments and completions;
- Regulation of the National Bank of Romania no. 4/2019 on payment institutions and providers specialized in account information services, with subsequent amendments and completions;
- Regulation of the National Bank of Romania no. 5/2019 on electronic money institutions, with subsequent amendments and completions.
- PRODUCT SAFETY AND CONFORMITY
EU regulations
Regulation (EU) 2019/1.020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and product conformity and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.
Laws
- Law no. 245/2004 on general product safety, republished;
- Law no. 295/2004 on the regime of weapons and ammunition, republished, with subsequent amendments and completions;
- Law no. 363/2007 on combating unfair practices of traders in relation to consumers and harmonising regulations with the European legislation on consumer protection, with subsequent amendments and completions.
Government Emergency Ordinances
Government Emergency Ordinance no. 158/1999 on the control regime of exports, imports and other operations with military products, republished.
Government Ordinances
- Government Ordinance no. 78/2000 on the approval, issuance of the vehicle identity card and certification of the authenticity of road vehicles for placing on the market, making available on the market, registration or registration in Romania, as well as market surveillance for them, approved with amendments and additions by Law no. 230/2003, with subsequent amendments and completions;
- Government Ordinance no. 80/2000 on the approval and certification of products and operating materials used in road vehicles, in order to be placed on the market or made available on the market in Romania, as well as market surveillance for them, approved with amendments and additions by Law no. 671/2002, with subsequent amendments and completions.
Acts of the central public administration
- Order of the Minister of Transport, Construction and Tourism no. 2.135/2005 for the approval of the Regulations on the approval and certification of products and operating materials used in road vehicles, as well as the conditions for their placing on the market - NRTR 4, with subsequent amendments and completions;
- Order of the Minister of Transport, Infrastructure and Communications no. 2.224/2020 for the approval of the Regulations on the type approval and issuance of the identity card of road vehicles, as well as the type approval of the products used in them - NRTR 2.
- TRANSPORT SAFETY
EU regulations
- Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (Text with EEA relevance);
- Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of an accident (Text with EEA relevance);
- Regulation (EC) No 1.071/2009 of the European Parliament and of the Council of 21 October 2009 laying down common rules on the conditions to be met in order to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC ;
- Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of civil aviation accidents and incidents and repealing Directive 94/56/EC (Text with EEA relevance).
Laws
- Law No 277/2007 on minimum safety requirements for tunnels located on national sections of the trans-European road network;
- Law no. 265/2008 on the management of traffic safety on road infrastructure, republished, with subsequent amendments and completions.
Government Emergency Ordinances
- Government Emergency Ordinance no. 87/2011 for carrying out technical investigations on safety in case of accidents in the maritime transport sector;
- Government Emergency Ordinance no. 73/2019 on railway safety, approved by Law no. 71/2020.
Government Ordinances
Government Ordinance no. 9/2022 on port facilities for taking over waste from ships.
Government Decisions
- Government Decision no. 1.326/2009 on the transport of dangerous goods in Romania, as subsequently amended;
- Government Decision no. 811/2010 on port state control, with subsequent amendments and completions;
- Government Decision no. 1.016/2010 for establishing the Information and Monitoring System for the traffic of maritime vessels entering/leaving/from the national navigable waters of Romania, with subsequent amendments and completions;
- Government Decision no. 432/2017 on marine equipment, with subsequent amendments.
Acts of the central public administration
- Order of the Minister of Public Works, Transport and Housing no. 727/2003 on the approval of harmonized requirements and procedures for the safe loading and unloading of bulk carriers, with subsequent amendments and completions;
- Order of the Minister of Transport, Construction and Tourism no. 218/2006 for the approval of the Norms regarding the registration of persons on board passenger ships operating to or from Romanian seaports, with subsequent amendments;
- Order of the Minister of Transport and Infrastructure no. 84/2010 on the publication of the acceptance of the Code of International Standards and Recommended Practices for the Investigation on Safety in Case of Maritime Accidents or Incidents (Code of Investigation of Accidents), adopted by the International Maritime Organization through Resolution MSC.255
(84) of the Maritime Security Committee of May 16, 2008;
- Order of the Minister of Transport and Infrastructure No 358/2012 for the approval of the Guidelines on measures to improve traffic safety on road infrastructure, with a view to applying Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management, as amended;
- Order of the Minister of Transport no. 1.472/2018 for the approval of the technical requirements for inland waterway vessels, with subsequent amendments and completions;
- Order of the Minister of Transport, Infrastructure and Communications no. 926/2020 on mandatory inspections of Ro-Ro passenger ships, as well as of high-speed passenger ships operating on regular service.
- ENVIRONMENTAL PROTECTION
EU regulations
- Council Regulation (EC) No 1.936/2001 of 27 September 2001 laying down certain control measures applicable to fisheries for certain highly migratory fish stocks;
- Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships;
- Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures for by- catches of cetaceans in fishing activities and amending Regulation (EC) No 88/98;
- Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European pollutant emissions and transfer register and amending Council Directives 91/689/EEC and 96/61/EC ;
- Regulation (EC) No 1.907/2006 of the European Parliament and of the Council of 18 December 2006 on the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1.488/94
, as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC ;
- Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems on the high seas against the harmful effects of bottom fishing gears;
- Regulation (EC) No 1.005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;
- Regulation (EC) No 1.007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products;
- Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and derived products on the market;
- Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 on the export and import of hazardous chemicals;
- Regulation (EU) No 1.257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1.013/2006 and Directive 2009/16/EC;
- Regulation (EU) No 1.143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species;
- Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport and amending Directive 2009/16/EC;
- Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 .
Laws
- Law no. 17/1990 on the legal regime of the inland maritime waters, of the territorial sea, of the contiguous zone and of the exclusive economic zone of Romania, republished, with subsequent additions;
- Law No 8/1991 for the ratification of the Convention on Long-Range Transboundary Air Pollution, concluded in Geneva on 13 November 1979, as amended;
- Water Law no. 107/1996, with subsequent amendments;
- Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished, with subsequent amendments and completions;
- Law on hunting and protection of hunting fund no. 407/2006, with subsequent amendments and completions;
- Law nr. ANRE President's Order no. 220/2008 for establishing the system for promoting the production of energy from renewable energy sources, republished, with subsequent amendments and completions;
- Law no. 123/2012 on electricity and natural gas, with subsequent amendments and completions;
- Law no. 278/2013 on industrial emissions, with subsequent amendments;
- Law no. 121/2014 on energy efficiency, with subsequent amendments and completions;
- Law no. 122/2015 for the approval of some measures in the field of promoting the production of electricity from renewable energy sources and on the amendment and completion of some normative acts, with subsequent amendments;
- Law no. 34/2017 on the installation of infrastructure for alternative fuels;
- Law no. 264/2017 on the establishment of technical requirements for limiting the emissions of volatile organic compounds (VOCs) resulting from the storage of gasoline and its distribution from terminals to gasoline distribution stations, as well as during the supply of vehicles to petrol stations;
- Law no. 188/2018 on the limitation of emissions to air of certain pollutants from medium combustion plants;
- Law no. 292/2018 on the assessment of the impact of certain public and private projects on the environment;
- Law no. 293/2018 on the reduction of national emissions of certain air pollutants;
- Law no. 121/2019 on the assessment and management of ambient noise, with subsequent amendments and completions;
- Law no. 90/2021 amending and supplementing certain normative acts, in order to transpose some legal acts of the European Union in the field of environmental protection.
Government Emergency Ordinances
- Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and completions by Law no. 265/2006, with subsequent amendments and completions;
- Government Emergency Ordinance no. 196/2005 on the Environmental Fund, approved with amendments and completions by Law no. 105/2006, with subsequent amendments and completions;
- Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, conservation of natural habitats, wild flora and fauna, approved with amendments and additions by Law no. 49/2011, with subsequent amendments and completions;
- Government Emergency Ordinance no. 68/2007 on environmental liability with reference to the prevention and repair of environmental damage, approved by Law no. 19/2008, with subsequent amendments and completions;
- Government Emergency Ordinance no. 80/2018 for establishing the conditions for placing gasoline and diesel on the market, introducing a mechanism for monitoring and reducing greenhouse gas emissions and establishing methods for calculating and reporting the reduction of greenhouse gas emissions and for amending and supplementing Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, approved with amendments by Law no. 311/2018, with subsequent amendments and completions;
- Government Emergency Ordinance no. 71/2021 on the promotion of clean road transport vehicles, in support of a low-emission mobility, for the repeal of government emergency ordinance no. 40/2011 on the promotion of clean and energy-efficient road transport vehicles and law no. 37/2018 on the promotion of ecological transport, approved by Law no. 123/2022;
- Government Emergency Ordinance no. 92/2021 on waste regime, with subsequent amendments and completions.
Government Decisions
- Government Decision no. 856/2002 on the record of waste management and for the approval of the list of waste, including hazardous waste, with subsequent completions;
- Government Decision no. 343/2004 on the provision of information on fuel consumption and CO2 emissions of new cars, intended for buyers at sale;
- Government Decision no. 878/2005 on public access to information on the environment, with subsequent amendments;
- Government Decision no. 780/2006 on the establishment of the greenhouse gas emission allowance trading scheme, with subsequent amendments and completions;
- Government Decision no. 219/2007 on the promotion of cogeneration based on the useful heat demand, with subsequent amendments and completions;
- Government Decision no. 1.143/2007 on the establishment of new protected natural areas;
- Government Decision no. 1.284/2007 on the declaration of special avifaunistic protection areas as an integral part of the European ecological network Natura 2000 in Romania, with subsequent amendments and completions;
- Government Decision no. 1.061/2008 on the transport of hazardous and non-hazardous waste on the territory of Romania;
- Government Decision no. 1.461/2008 for the approval of the Procedure for the issuance of guarantees of origin for electricity produced in high-efficiency cogeneration;
- Government Decision no. 1.215/2009 on establishing the criteria and conditions necessary for the implementation of the support scheme for the promotion of high-efficiency cogeneration based on the useful heat demand, with subsequent amendments and completions;
- Government Decision no. 935/2011 on the promotion of the use of biofuels and bioliquids, with subsequent amendments and completions;
- Government Decision no. 994/2013 on the approval of measures to reduce the number of green certificates in the situations provided for in Article 6 para. (2) letters a), c) and f) of law no. 220/2008 for establishing the system for promoting the production of energy from renewable energy sources;
- Government Decision no. 122/2015 for the approval of the National Action Plan in the field of energy efficiency;
- Government Decision no. 570/2016 on the approval of the Program for the gradual elimination of discharges, emissions and losses of priority hazardous substances and other measures for the main pollutants;
- Government Decision no. 663/2016 on the establishment of the protected natural area regime and the declaration of special avifaunistic protection areas as an integral part of the European ecological network Natura 2000 in Romania;
- Government Decision no. 942/2017 on the approval of the National Waste Management Plan;
- Government Decision no. 87/2018 for the approval of the Strategy on the National Policy Framework for the development of the market with regard to alternative fuels in the transport sector and for the installation of the relevant infrastructure in Romania and the establishment of the Inter-ministerial Coordination Council for the development of the market for alternative fuels;
- Government Decision no. 203/2019 on the approval of the National Action Plan in the field of energy efficiency IV.
Acts of the central specialized public administration
- Order of the Minister of Environment and Water Management no. 207/2006 on the approval of the content of the Natura 2000 Standard Form and its completion manual;
- Order of the Minister of Environment and Water Management and of the Minister of European Integration no. 1.364/1.499/2006 approving the regional waste management plans, as amended;
- Order of the Minister of Environment and Sustainable Development no. 1.798/2007 for the approval of the Procedure for issuing the environmental permit, with subsequent amendments and completions;
- Order of the Minister of Environment and Sustainable Development no. 1.964/2007 on the establishment of the protected natural area regime of sites of Community importance, as an integral part of the European ecological network Natura 2000 in Romania, with subsequent amendments;
- Order of the Minister of environment and sustainable development no. 410/2008 for the approval of the Procedure for the authorization of harvesting, catching and/or acquisition and/or marketing, on the national territory or for export, of mine flowers, plant fossils and fossils of vertebrate and invertebrate animals, as well as of plants and animals in the flora and, respectively, wildlife and their import, as amended and supplemented;
- Order of the Deputy Prime Minister, Minister of Regional Development and Public Administration, no. 3.466/2013 on the inventory of heated and / or cooled buildings, owned and occupied by the central public administration, and making the inventory available to the public, as well as the establishment of specific data banks on energy efficiency;
- Order of the Minister of Regional Development and Public Administration no. 263/2015 on the inventory of heated and / or cooled buildings, owned and occupied by the central public administration, with a total useful area between 250 sqm and 500 sqm, and making the inventory available to the public;
- Order of the Minister of Regional Development and Public Administration no. 2.008/2015 on the approval of the Instruction for the uniform application of the provisions of Article 6 para. (1) of the Law no. 121/2014 on energy efficiency;
- Order of the Minister of Environment, Water and Forests no. 1.534/2016 on the approval of the Procedure for issuing certificates of origin for biomass coming from forestry and related industries and used in the production of electricity from renewable energy sources, with subsequent amendments and completions;
- Order of the President of the National Energy Regulatory Authority no. 157/2018 for the approval of the Methodology for establishing the mandatory annual quotas for the acquisition of green certificates, with subsequent amendments and completions;
- Order of the President of the National Energy Regulatory Authority no. 179/2018 for the approval of the Regulation amending, suspending, interrupting and withdrawing the accreditation granted to power plants for the production of electricity from renewable energy sources, as well as establishing the rights and obligations of accredited electricity producers, with subsequent amendments and completions;
- Order of the President of the National Energy Regulatory Authority no. 160/2019 for the approval of the Regulation on the functioning of the centralized market for electricity from renewable sources supported by green certificates, with subsequent amendments;
- Order of the Minister of the Environment, Water and Forests no. 1.090/2019 on the transposition into national law of Appendices A-I of the Annex to Commission Directive (EU) 2015/996 of 19 May 2015 establishing common methods of noise assessment, in accordance with Directive 2002/49/EC of the European Parliament and of the Council, with subsequent amendments and additions;
- Decision of the Head of the Department for Energy Efficiency no. 2.794/2014 on the approval of the Regulation for the certification of energy managers and the approval / authorization of companies providing energy services and of the Regulation for the authorization of energy auditors in industry, with subsequent amendments and completions (issued by the National Energy Regulatory Authority);
- Decision of the Head of the Department for Energy Efficiency no. ANRE President's Order no. 366/2019 on the approval of the models for the declaration of total annual energy consumption and for the energy analysis questionnaire of the energy consumer.
- RADIOLOGICAL PROTECTION AND NUCLEAR SAFETY
EU regulations
- Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of foodstuffs and feedingstuffs following a nuclear accident or any other case of radiological emergency and repealing Regulation (Euratom) No .../... 3.954/87 of the Council and of Regulations (Euratom) No 3.954/87. 944/89 and (Euratom) No 944/89 and (Euratom) No 944/89. Commission Regulation (EC) No 770/90;
- Council Regulation (EC) No 1.493/93 of 8 June 1993 on the transport of radioactive substances between Member States.
Laws
- Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished, with subsequent amendments and completions;
- Law No 105/1999 for the ratification of the Joint Convention on the Safe Management of Spent Fuel and on the Safe Management of Radioactive Waste, adopted in Vienna on 5 September 1997;
- Law no. 24/2000 on the rules of legislative technique for the elaboration of normative acts, republished, with subsequent amendments and completions;
- Law No 86/2000 for the ratification of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, signed in Aarhus on 25 June 1998;
- Law no. 544/2001 on free access to information of public interest, with subsequent amendments and completions;
- Law no. 52/2003 on decisional transparency in public administration, republished, with subsequent amendments;
- Law no. 329/2009 on the reorganization of some public authorities and institutions, rationalization of public expenditures, support of the business environment and compliance with the framework agreements with the European Commission and the International Monetary Fund, with subsequent amendments and completions;
- Law no. 301/2015 on establishing the requirements for the protection of the health of the population regarding the radioactive substances in drinking water.
Government Emergency Ordinances
- Government Emergency Ordinance no. 21/2004 on the National Emergency Management System, approved with amendments and completions by Law no. 15/2005, with subsequent amendments and completions;
- Government Emergency Ordinance no. 96/2012 on the establishment of reorganization measures within the central public administration and for the amendment of certain normative acts, approved with amendments and completions by Law no. 71/2013, with subsequent amendments and completions;
- Government Emergency Ordinance no. 121/2021 on the establishment of measures at the level of the central public administration and for the amendment and completion of certain normative acts, with subsequent amendments and completions.
Government Ordinances
- Government Ordinance no. 7/2003 on the promotion, development and monitoring of nuclear activities, republished, with subsequent amendments and completions;
- Government Ordinance no. 11/2003 on safe management of radioactive waste, republished, with subsequent amendments and completions.
Government Decisions
- Government Decision no. 332/1995 for the approval of the Agreement between the Government of Romania and the Government of the Hellenic Republic on the rapid notification of a nuclear accident and the exchange of information on nuclear installations;
- Government Decision no. 541/1997 for the approval of the Agreement between the Government of Romania and the Government of the Republic of Hungary on the rapid notification of nuclear accidents, signed in Bucharest on May 26, 1997;
- Government Decision no. 734/1997 for the approval of the Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the rapid notification of a nuclear accident and the exchange of information on nuclear installations, signed in Kozloduy on May 28, 1997;
- Government Decision no. 766/1997 for the approval of some regulations on quality in constructions, with subsequent amendments and completions;
- Government Decision no. 422/2002 for the approval of the Agreement between the Government of Romania and the Government of the Slovak Republic on the rapid notification of a nuclear accident and the exchange of information on nuclear installations, signed in Bucharest on February 19, 2002;
- Government Decision no. 423/2002 for the approval of the Agreement between the Government of Romania and the Government of the Russian Federation on the rapid notification of a nuclear accident and the exchange of information on nuclear installations, signed in Moscow on February 21, 2002;
- Government Decision no. 1.076/2004 on establishing the procedure for carrying out the environmental assessment for plans and programs, with subsequent amendments;
- Government Decision no. 1.490/2004 for the approval of the Organization and Functioning Regulation and of the organizational chart of the General Inspectorate for Emergency Situations, with subsequent amendments and completions;
- Government Decision no. 1.491/2004 for the approval of the Framework Regulation on the organizational structure, attributions, functioning and endowment of committees and operational centers for emergency situations, with subsequent amendments;
- Government Decision no. 1.492/2004 on the principles of organization, functioning and duties of professional emergency services, with subsequent amendments and completions;
- Government Decision no. 2.188/2004 for the approval of the Agreement between the Government of Romania and the Cabinet of Ministers of Ukraine on the rapid notification of nuclear accidents and the exchange of information in the field of nuclear and radiological safety, signed in Vienna on September 22, 2004;
- Government Decision no. 878/2005 on public access to information on the environment, with subsequent amendments;
- Government Decision no. 355/2007 on the health surveillance of workers, with subsequent amendments and completions;
- Government Decision no. 1.080/2007 on the way of setting up and managing the financial resources necessary for the safe management of radioactive waste and the decommissioning of nuclear and radiological installations;
- Government Decision no. 1.038/2008 for the approval of the Agreement between the Government of Romania and the Government of the Republic of Turkey on the rapid notification of a nuclear accident, signed in Bucharest on March 3, 2008;
- Government Decision no. 1.437/2009 on the approval of the Organization and Functioning Regulation and the organizational structure of the Nuclear and Radioactive Waste Agency, as subsequently amended;
- Government Decision no. 94/2014 on the organization, functioning and composition of the National Committee for Special Emergency Situations, with subsequent amendments and completions;
- Government Decision no. 557/2016 on the management of risk types, as subsequently amended;
- Government Decision no. 668/2017 on establishing the conditions for the marketing of construction products;
- Government Decision no. 526/2018 for the approval of the National Radon Action Plan;
- Government Decision no. 729/2018 on the organization and functioning of the National Commission for the Control of Nuclear Activities;
- Government Decision no. 102/2022 for the approval of the National Medium and Long- Term Strategy on the safe management of spent nuclear fuel and radioactive waste.
Acts of the central specialized public administration
- Order of the President of the National Commission for The Control of Nuclear Activities no. 127/2002 for the approval of the Radiological Safety Norms regarding the operational radiation protection in the mining and preparation of uranium and thorium ores, with subsequent amendments;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 202/2002 for the approval of the Norms on the issuance of permits for the exercise of nuclear activities and the appointment of experts accredited in radiological protection, with subsequent amendments and completions;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 56/2004 on the approval of the Fundamental Norms for the safe management of radioactive waste and spent nuclear fuel, republished, with subsequent amendments and completions;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 156/2005 for the approval of the Norms on the classification of radioactive waste;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 221/2005 for the approval of the Norms on the limitation of the releases of radioactive effluents into the environment;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 275/2005 for the approval of the Norms on monitoring of environmental radioactivity in the vicinity of a nuclear or radiological installation;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 276/2005 for the approval of the Norms on the monitoring of radioactive emissions from nuclear and radiological installations;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 372/2005 on the prohibition of the use of medical radiological fluoroscopy installations without image enhancer;
- Order of the President of the National Commission for the Control of Nuclear Activities, of the Minister of Health and of the President of the National Authority for Scientific Research no. Order of the Minister of Public Health no. 66/300/9.112/2006 on approval of specific Regulations on medical exposures to ionizing radiation for medical and/or biomedical research;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 184/2006 for the approval of the Radiological Safety Norms regarding the decommissioning of the mining and/or preparation installations of uranium and/or thorium ores;
- Order of the Minister of Public Health and of the President of the National Commission for the Control of Nuclear Activities no. 1.272/266/2006 for the approval of the Norms regarding the expert in medical physics;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 443/2008 for the approval of the Norms on the supervision and control of international shipments of radioactive waste and spent nuclear fuel involving the territory of Romania;
- Order of the Minister of Administration and Interior, the President of the National Commission for the Control of Nuclear Activities and of the Vice-President of the National Agency for Fiscal Administration no. 117/89/21.707/2010 for the approval of the Norms on radiological monitoring of recyclable metallic materials throughout the collection, marketing and processing cycle;
- Order of the President of the National Commission for The Control of Nuclear Activities no. 61/2014 for the approval of the Norms on the issuance of exercise permits for the operating personnel, management personnel and specific training personnel in nuclear power plants, research reactors and other nuclear installations;
- Order of the Minister of Health no. 1.255/2016 for the approval of the Norms on the registration, centralization and reporting of information on the medical exposure of the population to ionizing radiation;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 14/2018 for the approval of the Procedure regarding the requirements for issuing approvals for the radiological protection training programs;
- Order of the Minister of Health, minister of national education and president of the National Commission for Control of Nuclear Activities no. Order of the Minister of Public Health no. 752/3.978/136/2018 for the approval of the Norms on the basic radiological safety requirements;
- Order of the Minister of Internal Affairs and of the President of the National Commission for the Control of Nuclear Activities no. 61/113/2018 for the approval of the Regulation on the management of emergency situations specific to nuclear or radiological risk, with subsequent amendments and completions;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 144/2018 for the approval of the Norms on the regulated control of radioactive sources and the safe management of orphan sources;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 145/2018 for the approval of the Norms on the estimation of effective doses and equivalent doses due to internal and external exposure;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 146/2018 for the approval of the Norms on the prevention, preparation and response in case of emergency situations for the emergency preparedness category I, the emergency preparedness category II and the emergency preparedness category III;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 147/2018 for the approval of the Norms on prevention, preparation and response in case of emergency situations for the emergency preparedness category IV and the category of emergency preparedness VI;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 155/2018 for the approval of the Norms on authorization procedures;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 316/2018 for the approval of the Norms on radiological safety requirements for natural radiation sources;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 336/2018 for the approval of the Norms on the authorization of nuclear installations;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 11/2019 for the approval of the Norms on radiological safety requirements at the final disposal of radioactive waste;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 179/2019 for the approval of the Radiological Safety Norm on the conduct of the practice of non-destructive control with ionizing radiation;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 237/2019 for the approval of the Norms on the procedure for the designation of laboratories for the nuclear field;
- Order of the President of the National Commission for the Control of Nuclear Activities no. 180/2020 for the approval of the Norms of individual dosimetry and radon;
- Order of the Minister of Health no. 961/2021 for the approval of the Specific Regulations on dose constraints and recommendations for persons involved in the care and support of patients who are subject to medical exposure to ionizing radiation;
- Order of the Minister of Health no. 1.096/2021 for the approval of the Norms on the medical surveillance of workers professionally exposed to ionizing radiation;
- Order of the Minister of Health no. 1.245/2021 for the approval of the Specific Regulations on the establishment, revision and use of reference levels in diagnosis for medical exposures to ionizing radiation;
- Order of the Minister of Health, interim, of the Minister of Education and of the President of the National Commission for the Control of Nuclear Activities no. 2.195/5.622/200/2021 for the approval of the Specific Regulations on the requirements of schooling and training in radiological protection of the medical staff.
- FOOD SAFETY, ANIMAL HEALTH AND WELFARE
EU regulations
- Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in the field of food safety;
- Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1.255/97;
- Council Regulation (EC) No 1.099/2009 of 24 September 2009 on the protection of animals at the time of killing;
- Regulation (EC) No 1.069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules on animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1.774/2002 (Regulation on animal by- products);
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the field of animal health ('Animal Health Law');
- Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out in order to ensure the application of
food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1.069/2009, (EC) No 1.107/2009, (EU) No 1.151/2012, (EU) No 652/2014, (EU) No 2016/429 and (EU)
2016/2.031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1.099/2009 and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC of the Council and repealing Council Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC of
the Council and of Council Decision 92/438/EEC (Regulation on official controls).
Laws
- Law on zoos and public aquariums no. 191/2002, with subsequent additions;
- Law no. 43/2014 on the protection of animals used for scientific purposes, with subsequent amendments and completions.
Acts of the central specialized public administration
- Order of the President of the National Sanitary Veterinary and Food Safety Authority No. 75/2005 for the approval of the Sanitary Veterinary Norm on the protection of farm animals;
- Order of the Minister of Environment and Sustainable Development no. 1.798/2007 for the approval of the Procedure for issuing the environmental permit, with subsequent amendments and completions.
- PUBLIC HEALTH
EU regulations
- Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products;
- Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency;
- Regulation (EC) No 1.901/2006 of the European Parliament and of the Council of 12 December 2006 on paediatric medicinal products and amending Regulation (EEC) No 1.768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004;
- Regulation (EC) No 1.394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004;
- Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on interventional clinical trials involving medicinal products for human use and repealing Directive 2001/20/EC;
- Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC.
Laws
- Patient's Rights Law no. 46/2003, with subsequent amendments;
- Law no. 282/2005 on the organization of blood transfusion activity, donation of blood and blood components of human origin, as well as ensuring the quality and health safety, for their therapeutic use, republished, with subsequent amendments and completions;
- Law no. 95/2006 on health reform, republished, with subsequent amendments and completions;
- Law no. 201/2016 establishing the conditions for the manufacture, presentation and sale of tobacco and related products and amending Law no. 349/2002 on preventing and combating the effects of tobacco products consumption, as amended.
Government Ordinances
Government Ordinance no. 79/2004 for the establishment of the National Transplant Agency, approved with amendments and completions by Law no. 588/2004, with subsequent amendments and completions.
Government Emergency Ordinances
Government Emergency Ordinance no. 68/2014 amending and supplementing certain normative acts, approved with amendments by Law no. 265/2015.
Government Decisions
Government Decision no. 304/2014 for the approval of the Methodological Norms on cross- border healthcare, as subsequently amended.
Acts of the central specialized public administration
- Order of the Minister of Public Health no. 1.226/2006 for the approval of the Norms on the collection, biological control, preparation, preservation, distribution and transport of human blood and blood components, with subsequent amendments and completions;
- Order of the Minister of Health no. 613/2014 for the approval of the information procedures for the exchange of human organs for transplantation between Romania and the other Member States of the European Union;
- Order of the Minister of Health no. 1.527/2014 on the methodological norms for the application of Title VI "Performing the procurement and transplantation of organs, tissues and cells of human origin for therapeutic purposes" of the Law no. 95/2006 on health reform, with subsequent completions;
- Order of the Minister of Public Health no. 1.242/2007 for the approval of the Standards on donor selection and evaluation of tissues and/or cells of human origin, alert systems and emergency procedures, qualification of personnel in tissue and cell banks of human origin, quality system, import and export of tissues and/or cells of human origin, relations between tissue banks and cells of human origin and third parties and procedures verification of equivalent standards of quality and safety of imported tissues and/or cells of human origin, as amended and supplemented;
- Order of the Minister of Health no. 329/2018 on the approval of the Norms and Requirements of good practice regarding the standards and specifications for the implementation of the quality system in the health units that carry out activities in the field of blood transfusion;
- Order of the Minister of Health no. 714/2018 for the approval of the Norms on the reporting procedure on ingredients and emissions of tobacco products, herbal products for smoking, electronic cigarettes and refill containers, as subsequently amended.
I. CONSUMER PROTECTION
Laws
- Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers, republished, with subsequent amendments and completions;
- Law no. 449/2003 on the sale of products and the guarantees associated with them, republished, with subsequent amendments and completions;
- Law no. 363/2007 on combating unfair practices of traders in relation to consumers and harmonization of regulations with european legislation on consumer protection, with subsequent amendments and completions;
- Law no. 258/2017 on the comparability of fees related to payment accounts, change of payment accounts and access to payment accounts with basic services;
- Law no. 126/2018 on markets in financial instruments, with subsequent amendments and completions;
- Law no. 209/2019 on payment services and amending certain normative acts.
Government Emergency Ordinances
- Government Emergency Ordinance no. 50/2010 on credit agreements for consumers, approved with amendments and completions by Law no. 288/2010, with subsequent amendments and completions;
- Government Emergency Ordinance no. 52/2016 on credit agreements offered to consumers for real estate, as well as amending and supplementing Government Emergency Ordinance no. 50/2010 on credit agreements for consumers, as subsequently amended;
- Government Emergency Ordinance no. 34/2014 on consumer rights within contracts concluded with professionals, as well as for amending and supplementing certain normative acts, approved with amendments by Law no. 157/2015, with subsequent amendments and completions;
- Government Emergency Ordinance no. 140/2021 on certain aspects related to contracts for the sale of goods;
- Government Emergency Ordinance no. 141/2021 on certain aspects related to contracts for the supply of digital content and digital services.
Government Ordinances
Government Ordinance no. 85/2004 on consumer protection at the conclusion and execution of distance contracts on financial services, republished, with subsequent amendments and completions.
Government Decisions
Government Decision no. 947/2000 on the method of indicating the prices of products offered to consumers for sale, republished, with subsequent amendments and completions.
J. PROTECTION OF PRIVACY AND PERSONAL DATA AND SECURITY OF NETWORK AND INFORMATION SYSTEMS
EU regulations
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Laws
- Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent amendments and completions;
- Law no. 362/2018 on ensuring a high common level of security of networks and information systems, with subsequent amendments and completions.
Acts of the central specialized public administration
- Order of the Minister of Communications and Information Society no. 599/2019 on the approval of the Methodological Norms for the identification of operators of essential services and providers of digital services;
- Order of the Minister of Communications and Information Society no. 601/2019 for the approval of the Methodology for establishing the significant disruptive effect of incidents on networks and information systems of operators of essential services.
ANNEX No. 3
EU regulations
- Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps;
- Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds;
- Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds;
- Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;
- Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council, and Regulations (EC) No 1.321/2007 and (EC) No. Commission Regulation (EC) No 1.330/2007 ;
- Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements for the statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC ;
- Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC;
Regulation (EU) No .../... Regulation (EC) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012;
Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;- Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving the settlement of securities in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012;
- Regulation (EU) No 1.286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents relating to structured and insurance-based individual investment products (PRIIPs);
- Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1.781/2006;
- Regulation (EU) 2015/2.365 of the European Parliament and of the Council of 25 November 2015 on the transparency of financing operations under financial instruments and on the transparency of re-use, and amending Regulation (EU) No 648/2012;
- Regulation (EU) 2016/1.011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014;
- Regulation (EU) 2017/1.129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC;
- Regulation (EU) 2020/1.503 of the European Parliament and of the Council of 7 October 2020 on European business crowdfunding providers and amending Regulation (EU) 2017/1.129 and Directive (EU) 2019/1.937.
Laws
- Oil Law no. 238/2004, with subsequent amendments;
- Law no. 297/2004 on the capital market, with subsequent amendments;
- Law no. 204/2006 on optional pensions, with subsequent amendments and completions;
- Law no. 74/2015 on alternative investment fund managers, with subsequent amendments and completions;
- Law no. 237/2015 on the authorization and supervision of insurance and reinsurance activity, with subsequent amendments and completions;
- Law No 276/2015 establishing measures for the implementation of Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps;
- Law no. 311/2015 on deposit guarantee schemes and the Bank Deposit Guarantee Fund, with subsequent amendments and completions;
- Law no. 312/2015 on the recovery and resolution of credit institutions and investment firms, as well as for the amendment and completion of some normative acts in the financial field, with subsequent amendments and completions;
- Law no. 165/2016 on the safety of offshore oil operations, with subsequent amendments and completions;
- Law no. 24/2017 on issuers of financial instruments and market operations, republished, with subsequent amendments and completions;
- Law no. 162/2017 on the statutory audit of the annual financial statements and of the consolidated annual financial statements and amending some normative acts, with subsequent amendments;
- Law No 210/2017 on the establishment of measures for the implementation of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;
- Law no. 126/2018 on markets in financial instruments, with subsequent amendments and completions;
- Law no. 236/2018 on insurance distribution, with subsequent amendments and completions;
- Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for the amendment and completion of some normative acts, with subsequent amendments and completions;
- Law no. 209/2019 on payment services and for the amendment of some normative acts;
- Law no. 210/2019 on the activity of issuing electronic money;
- Law no. 1/2020 on occupational pensions, with subsequent completions;
- Law no. 158/2020 for the amendment, completion and repeal of certain normative acts as well as for the establishment of measures for the implementation of Regulation (EU) 2017/2.402 of the European Parliament and of the Council of 12 December 2017 establishing a general framework on securitisation and establishing a specific framework for a simple, transparent and standardised securitisation and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU, as well as Regulations (EC) No 1.060/2009 and (EU) No 648/2012.
Government Emergency Ordinances
- Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007, with subsequent amendments and completions;
- Government Emergency Ordinance no. 32/2012 on undertakings for collective investment in securities and investment management companies, as well as for the amendment and completion of Law no. 297/2004 on the capital market, approved with amendments and additions by Law no. 10/2015, with subsequent amendments and completions;
- Government Emergency Ordinance no. 52/2016 on credit agreements offered to consumers for real estate, as well as for amending and supplementing Government Emergency Ordinance no. 50/2010 on credit agreements for consumers, as subsequently amended;
- Government Emergency Ordinance no. 111/2020 amending and supplementing Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for amending and supplementing certain normative acts, for completing article 218 of Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, for amending and supplementing Law no. 207/2015 on the Code of Fiscal Procedure, as well as for the completion of Article 12 para. (5) of the Law no. 237/2015 on the authorization and supervision of the insurance and reinsurance activity, approved with amendments and additions by Law no. 101/2021.
Government Ordinances
Government Ordinance no. 26/2009 on the establishment, organization and functioning of the Center for Investigations and Analysis for Civil Aviation Safety, approved with amendments by Law no. 55/2010, with subsequent amendments and completions.
Government Decisions
- Government Decision no. 2.075/2004 on the approval of the Methodological Norms for the application of the Petroleum Law no. 238/2004, with subsequent amendments and completions;
- Government Decision no. 811/2010 on port state control, with subsequent amendments and completions;
- Government Decision no. 688/2017 on the approval of the Regulation for the organization and functioning of the Competent Authority for Regulating Offshore Oil Operations at the Black Sea.
Acts of the central specialized public administration
- Order of the National Securities Commission no. 106/2006 for the approval of Regulation no. 31/2006 on the completion of some regulations of the National Securities Commission, in order to implement some provisions of the European directives;
- Regulation of the National Bank of Romania no. 17/2012 on certain credit conditions, with subsequent amendments and completions;
- Order of the National Securities Commission no. 99/2012 on the approval of Regulation No 6/2012 for the application of Article 41 of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps;
- Order of the National Securities Commission no. 136/2012 on the approval of Regulation no. 10/2012 amending and supplementing some regulations of the National Securities Commission;
- Order of the Minister of Transport no. 1.135/2015 on measures for the application of Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and of Commission Regulations (EC) No 1.321/2007 and (EC) No 1.330/2007 , as amended;
- Order of the Minister of Transport no. 600/2016 for the approval of the Romanian Civil Aeronautical Regulation on the reporting of civil aviation events - RACR-REAC, with subsequent amendments;
- Regulation of the Financial Supervisory Authority no. 5/2018 on issuers of financial instruments and market operations, with subsequent amendments and completions;
- Order of the President of the Competent Authority for The Regulation of Offshore Oil Operations at the Black Sea no. 15/2019 for the approval of the Framework Agreement on the establishment of the annual expenses agreed with the operators, for the development of the prevention and /or response capacity in case of major accidents, the monitoring of environmental factors, knowhow, expertise, legislation and impact studies, technology transfer and professional development;
- Order of the Minister of Transport No 931/2019 on measures for the application of Article 16 of Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on reporting, analysis and follow-up on civil aviation events, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and of Commission Regulations (EC) No 1.321/2007 and (EC) No 1.330/2007.
Workshops and seminars on whistleblowing
Workshops for NGOs on whistleblowing
Seminars for students on whistleblowing
Trainings for public servants on whistleblowing
The National Integrity Agency is an external reporting channel. Complete information about the role and the activity of the National Integrity Agency are available on the institution website.









