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Law No. 51/2006 of community services of public utilities.

Pays/Territoire
Roumanie
Type du document
Législation
Date
2006 (2021)
Source
FAO, FAOLEX
Sujet
Eau, Déchets et substances dangereuses
Mot clé
Égouts Eaux usées/déversement Monitorage Collectivité locale Taxe/impôt Approvisionnement en eau Lutte contre la pollution Pollution des eaux douces
Aire géographique
Mer Noire, Europe de l'Est, Europe, Europe et Asie Centrale, Pays de l'Union Européenne
Résumé

This Law establishes the unitary legal and institutional framework, objectives, competences, attributions and specific instruments necessary for the establishment, organization, management, financing, exploitation, monitoring and control of the provision/regulated provision of community public utility services. Within the meaning of this Law, community public utility services, are defined as all the activities regulated by this Law and by special laws, which ensure the meeting of the essential needs of utility and general public interest of a social nature of local communities, regarding: (a) water supply; (b) sewerage and sewage treatment, including waste water processing within administrative-territorial units through an alternative intelligent public service; (c) collection, channelization and drainage of rainwater; and (d) supply of thermal energy in a centralized system. Public utility services are subject to specific public service obligations in order to ensure a high level of safety and accessibility, quality, equal treatment, promotion of universal access and user rights, and have the following particularities: (a) have an economic-social character; (b) respond to requirements and needs of public interest and utility; (c) have a technical-building character; (d) have a permanent nature and continuous operation regime; (e) the operating regime may have monopoly characteristics; (f) assume the existence of an adequate technical-building infrastructure; (g) the coverage area has local dimensions: communal, city, municipal or district; (h) are under the responsibility of local public administration authorities; (i) are organized on economic and efficiency principles in conditions that allow them to fulfill their missions and specific public service obligations; (j) the management modality is established by decisions of the deliberative authorities of the local public administration; (k) are provided on the "beneficiary pays" principle; (l) the recovery of operating and investment costs is done through prices and tariffs or taxes and, as the case may be, from budget allocations. The measure may involve elements of the nature of state aid, in which case the local public administration authorities request the opinion of the Competition Council. The local public administration authorities have exclusive competence, in accordance with the law, in everything regarding the establishment, organization, management and operation of public utility services, as well as regarding the creation, development, modernization, rehabilitation and exploitation of public or private property of administrative-territorial units that make up the public utility systems. This Law contains VII Chapters divided into 55 Articles. Chapter I lays down general provisions. Chapter II defines authorities and powers. Chapter III regards organization and operation of public utility services. Chapter IV establishes operators and users. Chapter V regards financing of public utility services. Chapter VI establishes liability and penalties. Chapter VII lays down transitional and final provisions.

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