Prevention Law, in first reading, on today’s Executive meeting

11 May

The draft prevention law, initiated by the Ministry for Business Environment, Trade and Entrepreneurship has received assent from Ministries with responsibilities in the control area, and has entered the agenda of the Executive’s meeting, in first reading.

The legislative document, built on the basic principles of Romania’s Economic Code, is structured on two essential pilalrs, namely creation of the optimum framework for training and information of economic operators and identification of the reasonabless area in the control act.

"This is the first measure of emancipation of the control act and a first step towards restoring a reliable framework - an essential element for a stable and healthy business environment. The prevention law will bring about the effect asked by entrepreneurs for a long time: normalization of the business environment - control authorities relationship based on trust, information - education, collaborative compliance, so that together we can contribute to the predictability and stability of the general business framework " Minister Alexandru Petrescu has stated.

The Ministry for the Business Environment, Trade and Entrepreneurship has integrated examples of contraventions presented by 17 ministries that have in their portfolio, structures with control responsibilities. Nearly 290 contraventions were introduced, at the proposal of ministries, falling under this law provisions. It is about deeds that do not refer to activities where the intent to infringe law is obvious, and which do not pose a high degree of social danger. These contraventions are from areas such as: tax area, labor legislation, agriculture, tourism, water and forests, environmental protection, communications, education, consumer protection, local government, and internal affairs.

The framework regulated by this legislative act grants the economic operators the possibility to remedy a deviation found at the first check, within maximum three months. The facility introduced for entrepreneurs is that, unlike the legislation currently in force, following an act of control, only a warning is issued, without applying the sanction prescribed by the law for the registered offence, and after deadline expires, following a new control, either contravention remedy is noticed, or the sanction is applied for non compliance.

At the same time, the operator which was identified as non-compliant, benefits from prevention a single time for each of contraventions within three years since the warning sanction is applied.

The prevention law is a core element of the pro-business regulatory policy, being a step in the business environment improvement strategy along with other important ministry projects: the lobbying law, public private partnership law, harmonization of trade legislation, contribution to the Economic Code by proposals to Law 31/1990 and many others.

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