The mines law 85/2003 updated version

The mines law 85 2003 published in the Official Monitor no. 197/27th March 2003
The mines law updated by:
Governmental Decision 71/2011 for the modification of some norms in order to eliminate the provisions regarding
the stimulus for the budgetary personnel Official Monitor 637/2011
Governmental Decision 101/2007 for the modification and the completion of the Mines Law no. 85/2003 and the
Petrol Law no. 238/2004 Official Monitor 648/2007
Governmental decision 101/2007 for the completion and the modification of the Mines Law no. 85/2003 and the
Petrol Law no. 238/2004 684/2007
The law 284/2005 regarding the completion of Mines Law no. 85/2003 Official Monitor 917/2005
Law 237/2004 for the modification of the Mines Law no. 85/2003 Official Monitor 553/2004 the Romanian
Parliament passes the present law
The present law regulates the development of the mining activities from Romania, stimulating the turning into account
of the mining resources, the state public property. The law assures the maximum transparency of the mining law and
the fair competition, without discrimination between the property forms, the capital origin and the operators
nationality.
The investments in the mining field are encouraged by fiscal and administrative facilities, being free of any constraint
in which regards the recovery of investments and the usage of the realized benefit.
CHAPTER I
General provisions
Article 1
The mineral resources situated on the surface and in the underground of the country and in the continental plateau in
the economic area of Black Sea belonging to Romania, limited in conformity with the international right principles and
the regulations from the international agreements to which Romania is part of, make the exclusive object of the public
property and belong to the Romanian state.
CHAPTER I
General provisions
Article 2
(1)
The mineral resources that are the object of the present law are: coal, ferrous and non ferrous, aluminum,
ores, noble metals, radioactive, rare and disperse soils, halide salts, non metal substances, profitable rocks, gems,
semi precious rocks, peats, the mud, the therapeutic peats, bituminous rocks, incombustible gases, geothermal
water, the natural mineral water (sparkling and potable water), the therapeutic mineral water and also the mining
residual product from the dumps and ponds.
(2)
The provisions of the present law are applied also to the underground potable water and industrial water for
the prospection activities, determination and deposits evidence.

CHAPTER I
General provisions
Article 3
For the understanding of the present law, the used terms are defined as follows:
1.

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

2.
Administration the right granted by the state, by the competent authority to a public institution to effectuate
mining activities in the basis of a license or a permit;
3.
Administrator public institution that executes mining works in the basis of a license or a permit;
4.
Competent authority National Agency for Mineral Resources, that represents the interests of the state in
the mineral resources field, as per the law established attributes;
5.
Extracting land register special land register, representing a sub-system of evidence and systematic
inventory of the real estate afferent to the mining activities (fields, constructions and installations from the surface
and underground) under the technical, juridical, economic aspects and other information regarding the established
perimeter.
6.
Mining book component of the extracting land register, that includes all the dates regarding the legal
system of the surfaces afferent to prospection perimeter, exploration and exploitation, the property, the
topographical dates of the afferent mining activities, the deposits/the mineral reserves and the production situation.
7.
Concessioner the empowered competent authority to grant the administration or the concession;
8.
The mining concession the juridical operation by which, the state, represented by the competent authority,
as concessioner, sends for a definitive period of time to a person, as concessionaire, the right and obligation to
execute on its expenses and risk, mining activities having as object the mineral resources that are under the
incidence of the present law, in the exchange of a mining royalty for exploitation and a tax for the prospection
activity, exploration and exploitation of the mining resources;
9.

Concessionaire the owner to whom is granted the mining concession;

10.
Development the works assembly that consist in the mines and pits realization, the construction and the
mounting of the specific installations, equipments and other necessary utilities for the extraction, processing,
transport and the mining products temporarily stock.
11. exploitation ensemble of works executed in the underground and/or at the surface in order to extract the
mineral resources, their manufacturing and delivery in specific forms;
12. exploration ensemble of studies and activities in order to identify the deposits, their qualitative and quantitative
evaluation and also the determination of the technical and economic conditions for their capitalization
13. the national geological fund the totality of the dates regarding the resources and the mineral reserves obtained
from mining and petrol activities, irrespective of the stocking support.

14. National found for resources/reserves the totality of the resources/reserves revealed and registered by the
competent authority for each type of mineral resource of the country, determined in conformity with the specific
regulations
15. force majeure the unforeseeable event, inevitable and insurmountable that generates the execution temporary
or definitive, partial or total of the mining activities.
16. financial guarantee for the environmental restoration the obligation and the liability of the companies or
individuals that are developing mining activities in the basis of a license or exploitation permit in order to assure the
financial founds necessary for the environmental restoration and which can be as a banking deposit, irrevocable bank
guarantee letter or other modalities provided by the law;
17. license the juridical document by which is granted the assignment/ or giving in the administration the
exploration/exploitation mining activities;
18. Environmental assemly of activities and natural events, defined as per the law of environmental protection no.
137/1995, republished, with the further modifications and completions, that could be affected by the mining activities;
19. Radioactive ore accumulation of uranium, thorium, as chemical natural compounds;
20. Resort ministry the specialized department of central public administration with attributions and competences in
the field of mining activities, as per the present law;
21. prospection, exploration and exploitation perimeter the area corresponding to the surface of the outline of the
crust part in which interior, on a determined depth interval are executed prospection, exploration and respectively
exploitation works, and also the necessary surfaces for the development of the processing, preparation of the mineral
resources and stocking of the mining residual products stocking;
22. exploitation permit the juridical document issued by the competent authority by which is granted the right to
exploitation of a certain quantities determined by profitable rocks, peat and alluvial gold, under the conditions of
articles 28 and 30;
23. Prospection permit the juridical document issued by the competent authority by which is granted the right to
effectuate the prospection works;
24. Safety pillar the part of the deposits/ mineral resources or from the surrounding rocks, that is not extracted in a
certain period or permanently and in which are not executed works, in the purpose to protect the underground mining
works, or at the surface of the exploitation perimeter, the water shores or other objectives from the surface;
25. plan for the activity ceasing the complex of technical, economic, social and environmental complex that
motivates the closure of the exploitation and contains the necessary actions for the assurance of financing and the
achievement measures for the activity ceasing;
26. environmental restauration plan the environmental restauration and reabilitation measures, taking into account
the options of local colectivities regarding the usage of the perimeter after closure, that includes also the technical
project for their accomplishment.
27. mining production the quantity of mining products that are extracted in order to be processed and/or their
marketing by the owner;

28. mining product the product resulted from the exploitation activity of a deposit, delivered individually or as sorts
resulted following a processing/ preparation technological process for being used as finished product or as raw
materials for the processing of other products;
29. mining residual product the remaining product deposited in the dumps and ponds, resulted from mineral
activities;
30. prospection the assembly of studies and surface works that are realised for the identification of the existence
possibilities for certain mineral resources accumulations;
31. the mining royalty (redevance) the amount due to the state budget by the owner for the concession/
administration of mining resources exploitation, state public field goods;
32. mineral resources the natural substance from the crust, formed following the geological processes, used as
such or by processing in the social economic activity;
33. reserve the part of the deposit quantitative and qualitative determined by exploration and exploitation works,
having established the technical and economic conditions for marketing;
34. owner any company or individuals, Romanian or foreign, that can effectuate mining activities in the basis of a
license or permit;
35. deposit the natural accumulation of resources/ mineral reserves, technical and economical that can be turned to
profit;
The Mines Law 85 2003 updated by:
Governamental Decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and Petrol
law no. 238/2004 from 04th October 2007, Official Monitor 648/2007;
CHAPTER I
General provisions
Article 4
(1) The mining activities are effectuated by companies that are registered, as per the law, and are specialized
and certificated in the development of such activities or are organized in this purpose. The issuing of the
technical economic documentation and the afferent expertises are made by individuals which are certified
for this purpose by the competent authority, as per the law.
(2) The exploitation mining activities can be performed by individuals, as pe rthe conditions of article 28 30.
(3) The mining activities are executed only within certain perimeters agreed in this purpose by the competent
authority, excepting the individuals that are performing mining activities for exploitation under the conditions
of article 29, in which case the perimeter authorization is not necessary.
CHAPTER I
General provisions
Article 5

(1) All dates and information, irrespective of the stocking modality, in which regards the Romanian mining
resources, determined in conformity with the article 1, shall be set to the disposal of the competent
authorities and belong to the Romanaian state, their evidence and management being made at national
level by the competent authority, as per the present law.
(2) The licenses or permits owners for the mining activities can use dates and information obtained only in their
own interest, for all the duration of the mining activity.
(3) The transmittal to other interested parts of the dates and information regarding the mineral resources from
Romania is made only with the agreement of the competent authorities and institutions with attributions in
the applicance of the present law provisions and have the obligation to keep the confidentiality towards the
dates and information sent to the licenses and/or permits owners, from whom are informed in the execution
of work attributions, on the whole duration of the mining activity, under the conditions provided by the law.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 6
The right to use the necessary fields for performing the mining activities from the exploration/ exploitation perimeter
is gained under the law conditions by:
a) Sales contract of the fields, and, as per the case, the constructions situated on the fields, at the agreed price
between the parties;
b) The field changing, accompanied by the relocation of the affected owner by the buildings reconstruction on
the new-granted field, on the expence of the owner that benefits of the released field, as per the convention
concluded between the parties;
c) The fields rention on a definite period of time, in the basis of contracts concluded between the parties
d) The expropriation for the public utility causes, as per the law;
e) The fields cession;
f)

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

g) Other procedures provided by the law

CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 7
(1) Towards the fields necessary for the access in the exploitation or exploration perimeters and other activities
that are involved are instituted in the favor of the owner a right of legal easement for passing;
(2) The right of legal easement for passing, established as per paragraph (1) is made by paying an annual rent
to the owners affected by this event, in the basis of the agreement concluded between the parts, by
observing the legal provisions, in a term of 60 days from the communication to the land owners a written
notification from the licenses/permits owners.
(3) In the case that the parts do not ge to an agreement in the term provided at paragraph (2) the establishment
of the sum of the rent is made by the instance, as per the law;

(4) The duration of the legal easement is the one of the mining activities, and the fields that follow to be affected
will be determined, in which regards the surfaces and the owners, as per the principle of the smaller
possible undetermine to the right of property.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 8
(1) The access to the fields affected by the legal easement is established by negotiations between the owner of
the mining activity and the fields owners, by observing the principle of treatment equality and equity.
(2) Any misunderstanding between the owners that are developing mining activities and the fields owners is
solved by the competent court of law, as per the law. The solving of such causes will be made by the
competent instances as a metter of urgency.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 9
The expropriation for the public usage cause of national interest is made under the law, under the coordination of the
Ministry of resort.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 10
In the case of sale the expropriated goods, under the provisions of article 6, letter d), the former owners or, as per the
case, their successors, have the right to preemtion, in which purpose will be informed in which regards the conditions
of sale in the administrative way and by publicity.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 11
(1) The execution of mining activities on the fields where are placed historical, cultural or religious monuments,
archaeological site, natural reserves, areas for sanitary protection and perimeters for hydrogeological
protections of the resources for water supply, and also the institution of the right to servitute for mining
activities for such field are strictly forbidden.
(2) Exceptions from the provisions of article (1) are established by the Government, with the agreement of the
competent authorities and by establishing the compensations and other compensatory measures.
CHAPTER II
The usage and the access gaining to the fields where are performed mining activities
Article 12

The right to property towards the field does not confere the right to preemtion towards the concession / administration
of the mining activities.
CHAPTER III
The mineral resources turning to advantage
Article 13
The mineral resources are turned to advantage by mineral activities that concession the Romanian or foreign
companies or are given for administration to the public institutions by the competent authority as per the present law.
CHAPTER III
The mineral resources turning to advantage
Article 14
(1) The prospection is made in the basis of a non exclusivity permit issued as per the law by the competent
authorities in the basis of receiving a written request for a perimeter defined by topographic and geodesic
coordinates. The form and the dimensions of the prospection perimeter are established by the competent
authorities.
(2) The prospection permit is issued for a period of maximum 3 years, without any right of prolongation, by a
anticipate payment, in every year, of the prospection tax.
(3) The owners of the prospection permits have the obligation to execute a volume of works with a minimum
value that will be established by negotiations with the competent authority, at the reviving of the prospection
permit correlated with the validity period of the permit and the surface of the prospection perimeter.
(4) The owners of the prospection permit are presenting to the authorities the semester and annual reports
regarding the annual works execution and capitalization, justified by documents. In a term of 60 days from
the expiry duration for which was issued the permit of prospection, the owner presents a final report
including the investigation methods that were applied, the executed works, the justification of the value of
the works and also the obtained results.
(5) The owner of the prospection permit that participates at the public bidding, organized for the granting of the
exploitation permit within the perimeter where was made the prospection, benefits of a supplementary score
at the evaluation established under article 15, paragraph 8.
CHAPTER III
The mineral resources turning to advantage
Article 15
(1) The exploration is executed in the basis of a license exclusively granted for any of the mineral resources
discovered within the perimeter, as per the request, to the Romanian of foreign companies.
(2) The exploration license is granted to the winner of an organized bidding, organized by the competent
authorities under the conditions of the present law for the mineral resources established by the order
provided by paragraph 4.
(3) The initiative to concession the mineral activities for exploration can belong to the Romanian or foreign
companies or to the competent authority.
(4) The list of the exploration perimeters is established by the competent authority by an order that is published
in the Official Monitor, part I.

(5) In order to participate at the public bidding, the Romanian or foreign companies will send the offer in a
definite period of time, established by the competent authority, provided at paragraph (4).
(6) The offers contain the exploration proposed program , the documentary evidence regarding the technical
capacity and financial of the bidder and other documents established by the competent authority.
(7) The exploration program that was proposed includes the exploration annual volume of work and the afferent
expenses,, that are mandatory to be realized.
(8) The conditions for organizing and development of the public bidding established at paragraph (2), the
criteria for selection and also the naming of the winner, the supplementary score granted to a permit owner
and other aspects shall be established by the competent authority through norms.
CHAPTER III
The mineral resources turning to advantage
Article 16
The exploration license is granted for a period of maximum 5 years, with the right of prolongation of
maximum 3 years, under the limits of the granted perimeter, by an anticipate payment, every year, the tax
for exploration activity and the constitution of a financial guarantee for the environmental restoration,
established by an environmental restoration plan.
(1) The agreed exploration program is to be fully executed, until the exploration license expiry.
(2) The surface of the perimeter, defined by coordinates, within are executed mining exploration works has a
form and specific dimensions in which regards the formations and the geological structures of the mineral
deposits that represent the object of the exploration license.
(3) The owner of the exploration license is obliged to present to the competent authority the semester and
annual reports regarding the developed activity and the afferent expenses, at the established dates, and a
final report including the applied methodology, the executed works, the expenses, the obtained result, in a
term of 60 days from the license expiry date.
(4) The owner has the right to reduce the surface of the exploration perimeter, by the agreement of the
competent authority, in the basis of stage documents, offering proves that on the surface that renounces
were executed all the works necessary for the remaking of the environmental, with the obligation to execute
the works provided for the first year of contract.
CHAPTER III
The mineral resources turning to advantage
Article 17
(1) At the request of the exploration license owner, it has the right to obtain the exploitation license for any of
the mineral resources that were discovered, under the conditions of article 18, paragraph (2) letter a) and
the article 20.
(2) The owner of the exploration license has the right to continue, until entering in force the exploitation license
granted under the article 18, paragraph (2), letter a) and article 20, the execution of the mining experimental
exploitation, preserving and maintaining the mining works executed in the exploration perimeter .
CHAPTER III
The mineral resources turning to advantage
Article 18
8

(1) The mining exploitation is made in the basis of an exclusive license, which is granted under the condition of
the present law.
(2) The license of exploitation is granted to:
a) Directly to the exploration owner, at his request, for any of the discovered resources, in a term of 90
days from the transmittal of the final report of exploration to the competent authority and their
acceptance;
b) To the winner of a public bidding organized by the competent authority under the conditions of the
present law, for the mineral resources established by the order provided at article 19, paragraph (2).
CHAPTER III
The mineral resources turning to advantage
Article 19
(1) The initiative for concession of the mining activities for the exploitation under the conditions provided at
article 18, paragraph (2) letter b) can belong to the competent authority or to the interested Romanian or
foreign companies.
(2) The list of exploitation perimeter under the conditions of the article 18, paragraph (2), letter (b) is established
by the competent authority by an order that is published in the Romanian Official Monitor, Part 1.
(3) In order to participate to the public bidding, the Romanian or foreign companies will send the offers in a
determined period of time, established by the competent authority by the order provided at paragraph (2).
(4) The offers will include prooving documents regarding the technical and financial capacity of the bidder and
also other documents established by the competent authority by the procedure of development of the
bidding.
(5) In order to be observed the necessary technical conditions for the protection of the underground waters will
be bidded for the concession of certain exploitation mining activities only the perimeters for which was
previously obtained the agreement from the competent authority from the waters sector.
(6) The conditions for organization and development of the bidding process established at article 18, paragraph
(2), letter b), the selection criteria and the winner naming, and also other aspects are going to be
established by derogation from the legislation regarding the concession, by the competent authority by
norms.
CHAPTER III
The mineral resources turning to advantage
Article 20
(1) The exploitation license is granted by negotiation, in the basis of a request accompanied by:
a) Feasibility study regarding the capitalization of the mineral resources and the deposit protection, that
will include the initial plan for the activity stopping, issued in conformity with the norms of the
competent authority
b) The exploitation development plan, issued in conformity with the technical instructions issued by the
competent authority;
9

c) The impact study towards the environmental and the environmental balance, as per the case, issued as
per the law;
d) The environmental remaking plan and the technical project, issued in conformity with the technical
instructions of the competent authority;
e) the evaluation social impact and the attenuation plan of the social impact, in conformity with the
technical instructions issued by the competent authority in the field of labor and social solidarity
together with the resort ministry.
(2) The exploitation license is granted for a period of maximum 20 years, with the right to be prolonged of
successive 5 years periods.
(3) The owner of the license of exploitation will annually pay a tax per the exploitation activity and a mining tax
(redevence), as per the law
(4) The owner of the exploitation license constitutes a financial guarantee for the environmental remaking, as
per the technical instructions of the competent authority.
CHAPTER III
The mineral resources turning to advantage
Article 21
(1) The license is concluded in written. For the exploration the license enters in force at the date of publication
of the president order from the competent authority and its approval in the Romanian Official Monitor, Part I;
for the exploration the license enters in force at the publication date in the Romanian Official Monitor, Part I,
at the Government decision for its approval.
(2) The existent legal provisions at the date of entering in force of the legislation are remaining valid on the
whole duration, excepting the appearance of eventual legal provisions favorable to the owner.
The mines law 85 2003 updated by:
Governmental Decision 101/2007 for the modification and completion of the Mines law no. 85/2003 and the Petrol
Law no. 238/2004 dated 04th October 2007, Official Monitor 648/2007
Governmental Decision 101/2007 for the modification and the completion of the Mines Law no. 85/2003 and Petrol
Law no. 238/2004 dated 04th October 2007, Official Monitor 648/2007;
CHAPTER III
The mineral resources turning to advantage
Article 22
(1) The beginning of the mining activities provided in the license are authorized in written by the competent
authority, in a term up to 180 days from entering in force of the license, after being presented by the owner
the following documents:
a) The proove of payment of the mining activity;
b) The proove that was constituted the financial guarantee for the environment restoration;

10

c) The fiscal attestation certificate, from which to result that the license owner does not register any
outstanding obligations towards the state budget.
d) The environmental agreement/authorization;
e) For the exploration the notice of the competent authority for the annual program of works; for the
exploitation the notice of the competent authority for the exploitation annual program.
f) The agreement from the owner or administrator of the field regarding the access to the surfaces necessary
for the execution of the mining activities provided in the annual exploitation program.
(2) The authorization for beginning the mining activities is made by the competent authority, in at most 30 days
from the submission of the documents provided at paragraph (1).
CHAPTER III
The mineral resources turning to advantage
Article 23
The foreign companies that obtained the right to perform mining activities are obliget to, in a a term of 90 days from
obtaining the license, to create and to maintain on whole the duration of the concession a branch in Romania.
CHAPTER III
The mineral resources turning to advantage
Article 24
(1) The owner of a license may transfer to other company the granted rights and the assumed obligations only
with the approval (in written and previously) of the competent authority. Any transfer made without the
written approval is null by right.
(2) In order to approve the transfer, the competent authority will take into account the criteria for approval, that
are established by norms.
(3) In the case that the owner of the license modifies its statute by reorganization, sale or any other reasons,
the license, as it was negotiated, will be granted by an annex to the legal succesors of the owner, in the
basis of the contract concluded between the parties or the decision of the court of law, presented to the
competent authorities.
(4) The license for granting in administration is not transferable.
CHAPTER III
The mineral resources turning to advantage
Article 25
Between the limits of exploration/ exploitation perimeter, the competent authority my grant, under the conditions of
the law, to certain companies, others than the owner of the license, the right to exploration and/ or exploitation for
other mineral resources, by the agreement of the owner.
CHAPTER III
The mineral resources turning to advantage
11

Article 26
The right obtained by concession, the right that is distinct to the property towards the fields, can be transmited by the
owner in the benefit of other company, only in the conditions of article 24.
CHAPTER III
The mineral resources turning to advantage
Article 27
The owner of the exploration/ exploitation license can make a contract for bank loan in order to execute the mining
activities, by certifying the concession existence by the competent authority.
CHAPTER III
The mineral resources turning to advantage
Article 28
(1) The rocks used in the construction and accumulation of peat can be extracted by the companies or
individuals in the establised quantities, in a term of up to 1 year and in the basis of a exploitation permit
issued by the competent authority. The permit is granted to the first solicitor.
(2) For the exploitation of sand and stones from the minor river beds the permits for exploitation are granted
after the obtaining of the agreement provided in the law in force in the field of water management.
(3) In order to obtain the exploitation permit, the solicitors are obliged to constitute the financial guarantee for
the environmental restoration, and also to the payment of the tax for the exploitation activity and mining tax,
as per the law. The constitution of the financial guarantee for the restoration of the environment and the
payment of the tax are to be made at the date of the permit issuing, and the mining redevance is paid under
the conditions of article 45, in steps, on the whole duration of the exploitation permit.
(4) At the documents handing over for obtaining or renewing of the license/ exploitation permits, the solicitors
will ask for a rebilitation agreement concluded with the local public admninistration authorities in the case
that the road transportation of the mineral resources affects the road infrastructure and the adjacent
buildings from the urban localities or village.
The Mines Law 85 2003 updated by:
Law 284/2005 regarding the completion of the Mines Law no. 85/2003 dated 11th October 2005, Official Monitor
917/2005.
CHAPTER III
The mineral resources turning to advantage
Article 29
(1) The rocks that can be used for building, the peat and the mineral waters, situated on the field surfaces being
in the property of the companies, can be used by the owner of the surface only if are not making the object
of an existent concession and only for personal needs, without any right of commercialize. The usage is
exempt from the taxes payment and the legal redevances, under the condition to inform the competent
authorities by their territorial departments.

12

(2) From the provisions of paragraph (1) benefit the childrens homes and retirement homes situated on the
fields surfaces being on their property.
CHAPTER III
The mineral resources turning to advantage
Article 30
(1) The recovery of gold from silts, executed besides the concessions, is made by companies and individuals,
in the basis of an exploitation permit issued by the competent authority.
(2) The authorized companies and individuals for the recovery activity of the gold from the silts are obliged to
pay the taxes and redevances provided by the law.
CHAPTER III
The mineral resources turning to advantage
Article 31
The mining concession or the miming administration ceases:
a) At the duration expiry for the period that was granted;
b) By the renouncement of the license owner, under the conditions established at article 32;
c) By the license/permit revoking by the competent authority as per the provisions of article 34 and 35
d) At the owner request, in the case of certain events appearance that constitutes a fact of force majeure and
which determinates the impossibility to accomplish the rights provided in the license and which are essential
for the activity development
e) At the finalization of the exploitable deposits, only in the case of concession of exploitation mining activities.
CHAPTER III
The mineral resources turning to advantage
Article 32
(1) The owner of the license/ permit can renounce on it if at the date of the renouncement to the competent
authority cummulative fulfills the following conditions:
a) Sets to the disposal of the competent authority the documents regarding the developed activity up to
the date of the renouncement notification, and also its results;
b) Sets to the disposal of the competent authorities the amount representing the counte value of the
works provided in the program of prospection/ exploration provided in the prospection permit/ the
exploration license, which has the maturity date at the notification date of the renouncement and the not
executed works that were not performed for reasons attributable to the owner. The resulted amounts
represent an income to the state budget;
c) Setting to the disposal of competent atuthorities the confirmation afferent to the works of environmental
restoration which was deteriorated as a result of the mining works developed up to the moment of the
renouncement, issued by the competent authority in the environmental field.
d) Sets to the disposal of the competent aithority the amount representing the countevalue of the works of
preservation/ the non executed closure, afferent to the mining activities developed until the

13

renouncement moment, and of the monitorring program of the environmental factors after the closure,
provided in the activity closure plan.
(2) The competent authority checks the fulfilment of the conditions provided at paragraph (1), in a term of 60
days from the date of the notification of renouncement afferent to the license/ permit;
(3) In a term of 60 days provided at paragraph (2) the concession/ administration ceases if the competent
authority did not communicated the refusal, being obliged to issue the decision of ceassing of the
administration or the concession, as an effect from the term fulfilment date.
(4) In the case that the competent authority refuses to issue the ceasing decision of the administration or
concession as a renouncement reason, the interested part, can address, in a term of 30 days from the
communication, to the competent instance, which is judging the litigation and decides, as per the law. The
decision of the instance is definitive and irrevocable. The previously procedure is not mandatory.
(5) The decision of the instance is fulfilled by the competent authority in a term of 15 days, under the sanction of
a fee of 5 milion of lei per day delay. The fees become an income to the state budget. Are applicalble also
the provisions of the law regarding the non execution of the juridical decision.
CHAPTER III
Operating system to turn in profit the mineral resources
Article 33
(1) The competent authority suspends the license/ permit when establishes that:
a) The owner of the license/permit do not observe a decision of a certain court of law regarding the
litigations that appeared during the mining activities execution;
b) The owner of the license/permit is under the procedure or juridical reorganization and/or insolvency;
c) To the owner was suspended the agreement and/or the authorization regarding the environmental
protection and/or the labor protection;
d) The owner jeopardize, by the execution method of the mining activities, the possibility of a future
exploitation of the deposit, it breaks the norms regarding the deposit safety protection and exploitation;
e) The owner breaks the norms regarding the labor health and safety, established by the competent
authorities in the field.
(2) The license/ permit suspension for any of the reasons provided by paragraph (1) has an effect towards the
owner from the communication made by the competent authority until the disappearance of the cause that
determined the suspension for a period of maximum 1 year.
CHAPTER III
Operating system to turn in profit the mineral resources
Article 34
The competent authority cancels the license/ permit in a term of 30 days from the receipt of the notification when:

14

a) The owner does not fulfill the obligations assumed regarding the authorization and the term regarding the
mining activities beginning;
b) The owner continues with the works stopping for a period longer than 60 days, without the competent
authorities agreement;
c) The owner uses methods and technologies for exploitation others than the ones provided in the
development plan, without the agreement of the competent authority
d) The owner executes mining activities by non observing the provisions of article 22, paragraph (1), letter e)
e) To the owner were cancelled the agreement and/or the authorization regarding the environmental protection
and the labor protection;
f) The owner supplies, knowingly, to the competent authority false dates and information in which regards the
mining activity or non observes the confidentiality clauses provided in the license
g) The owner do not pay in a term of 6 months from the eligibility date the taxes and the mining redevance that
has to pay to the state
h) The owner does not fulfill the conditions and does not observes the provisions from article 33, paragraph (2)
regarding the suspension of the license/ permit.
CHAPTER III
Operating system to turn in profit the mineral resources
Article 35
(1) In a term of 30 days from the notification date provided at article 33, paragraph (2), the owner can request to
the instance the revocation of the measure of suspension/ cancelation of the license/ permit.
(2) At the request of the owner and by the examination of the competent authority that disposed the measures
provided at paragraph (1), the instance may dispose the suspension of the taken measures until the
finalization of the court of law decision, by which the instance attests the legality and the validity of the
suspension/ cancelation.
(3) The procedural provisions provided at article 32, paragraphs (4) and (5) are properly applied.
CHAPTER III
Operating system to turn in profit the mineral resources
Article 36
(1) In the case that there interferes an event as the ones provided at article 31, letter d), the owner notifies to
the competent authority the situation in a term of 5 days from the event production, by presenting the
documents certifying the force majeure in a term of 15 days from its production, issued by the institution
legally empowered in this purpose. The ceasing of the concession or of the administration produces the
effect after 30 days from the force majeure notification date.
(2) If, between the limits of 30 days provided at paragraph (1), the competent authority notifies to the owner of
the license the refusal to accept the event invoked by the owner as being a cause of force majeure, causing
the definite impossibility to initiate or to continue the execution of the mining activities, not attributable, the
owner of the license can ask to the instance the pronouncement of the unilateral cancelation of the license
for a force majeure case, without the obligation for paying the recovery of damages.
(3) In the case of pronouncement of cancelation of license, after the irrevocable decision of juridical decision,
the competent authority will issue the ceasing decision of concession or administration.

15

(4) The procedural provisions provided at article 32 paragraphs (4) and (5) are correspondingly applied.
CHAPTER III
Operating system to turn in profit the mineral resources
Article 37
(1) The decision for the concession ceasing or of the administration granted by public bidding is published in
the Romanian Official Monitor, Part I, by mentioning the date when it produces the effects, and is written in
the Mining Book by the competent authority.
(2) In a term of 3 months from the concession or administration ceasing for any of the cases provide at article
31, letters a) d) the technical annexes and the dependencies of which dismantling may cause the works
security, are passing in the state property, without any compensation and without any tasks, whatever their
nature.
(3) The concessionaires or the administrators are liable from the financial and material until the remaking of all
the environmental factors that are affected by the mining activities, in conformity with the plan for the
environmental restoration approved by the competent authority.
(4) In a term of maximum 3 months from the concession ceasing or the administration, the competent authority
will establish the measures that follow to be taken regarding the exploration/ exploitation perimeter and the
afferent endowment.
(5) The owner of the license is kept, as per the extra contractual civil liability rules, repairing the prejudices
caused to other companies or individuals by its own fault by executed mining activities, effectuated up to the
date of expiry or renouncement, even if such prejudices are determined after the administration or
concession termination.
CHAPTER IV
The owners rights and obligations
Article 38
The owner of the license/ permit has the following rights:
a) To have access, under the law conditions, at the necessary lands in order to develop the mining activities
under the limits of the perimeter provided in the license/ permit;
b) To execute all the mining activities provided in the license/ permit under the limit of the granted perimeter;
c) To dispose towards the produced mining products;
d) To use, by observing the legal provisions from the waters management and the environmental protection,
surface water sources or underground necessary for the mining activities development;
e) To associate with other companies in order to execute the mining activities provided in the license, with the
previously approval from the competent authorities. The responsibility for the fulfillment of the obligations
from the license is exclusively to the associate that is the owner of the license. In order to issue the
association approval the competent authority will take into account at least the following elements: the
technical and financial capacity of the one with whom is closed the association, the object of the association,
the way to delimit the rights and obligations of the associates. The national companies and societies that
execute the mining activities will obtain the approval of the competent authorities only with the previously
agreement of the resort ministry.

16

f)

To obtain from the competent authority, under the law conditions, the dates and information necessary for
the development of the mining activities, to keep and to use these dates and information, and also the ones
obtained from its own activities, on the duration of validity of license/ permit;
g) To interrupt the activity for a period that exceeds 60 days, with the previous agreement of the competent
authority;
h) To build roads, bridges, railways, electrical networks, and also other infrastructure utilities necessary for the
mining activity, under the law conditions.
CHAPTER IV
The owners rights and obligations
Article 39
(1) The owner of the license/permit has the following obligations:
a) To observe the provisions of the present law, of the norms and instructions issued in its application and
the provisions of the license/ permit;
b) To elaborate, in the basis of the license/ permit, before the commencement and during the mining
activities, the technical documents for its accomplishment, documentations in order to obtain the
environmental agreement/ authorization as per environmental legislation in force, as per article 22
paragraph (1), letter d) and to send for approval to the competent authorities, as per the article 14-20,
28 and 30. In the case of the economic agents that are under the authority of the resort ministry is
necessary its previous notification.
c) To start the mining activities in a term of maximum 120 days from the licenses entering in force;
d) To obtain, to make, and to kept daily records, and to send to the competent authority, on due terms, the
dates, information and documents provided in the license/permit, with reference to the mining activities,
and also the obtained results, in order to be registered in the Mining Book, and also in the extracting
land register. In the case of radioactive ores, these dates are to be sent to the competent authority in
the domain, as per the legal provisions;
e) To inform the competent authority regarding the checks effectuated by local authorities for the
environmental protection and the labor protection;
f) To keep the confidentiality towards the dates and the obtained information, as per the law, from the
competent authority and the resort ministry, and also from the own activity and to transmit only in the
conditions provided in the license;
g) To update periodically the activity ceasing plan and to send for approval to the competent authorities;
h) To recover and to protect the mineral natural associations with an esthetic and scientific value named
mine flowers, met in the executed mining works, and to inform the competent authority;
i) In the case of ceasing by any of the moods provided at article 31, to hand over to the competent
authority the established perimeter, under the conditions provided at article 37 paragraph (2) and (5);
j) To fulfill in the established terms the measures that were disposed in written by the competent
authority, in the exercise of the attributions, as per the law;
k) To execute and to finalize the works for the environmental restoration in the perimeters affected by the
mining activities
l) To make to date the topographical measurements necessary and to fill in the working drawings of all
the works executed during the mining activities development, in conformity with the mining
Topographical Rule;
m) Not to transport, use or manipulate , and not to deposit in the executed works waste and dangerous
substances and / or toxic, radioactive or any polluting substances only by observing the laws
provisions;

17

n) To obtain the notice from the harbor authorities and the competent public authorities in the transport
field and the water management for the execution of the mining activities in the area of waterways;
o) To organize, besides the entrances in the mine, by which is made the access of personnel, and also
underground, medical services for first aid, endowed with equipments, personnel materials and special
instruments, as per the norms issued by the competent authority in the medical domain;
p) At the concession termination, to execute the preservation works and/ or the mine/ pit closing, as per
the activity ceasing plan, including the environmental factors after the closing;
q) To pay the expenses afferent to the technology transfer and professional training provided in the
license. The respectively amounts will be sent in a separate account of the competent authorities,
opened for this purpose, and shall be as such revealed;
r) To prepare and to finance the implementation of the measures included in the social impact plan
attenuation;
s) To maintain on the whole duration of exploitation the financial guarantee for the environmental
restoration;
t) To pay the taxes regarding the mining activity and the mining royalty (redevence) in the terms
established by the present law
(2) In the case that the owner of the license is a company or a national mining society, this has also the
following obligations towards the resort ministry:
a) To substantiate and to annual send, at the established terms, the necessary financing volumes for the
works provided in the annex;
b) To send the requested information in which regards the production and the investments that were
performed, and also the way of usage the founds granted by the state budget;
c) To send to the competent authority the dates and documents provided at letter a) and b), approved by
the ministry of resort, in order to be registered in in Mining Book and in the extracting land register;
d) To execute, in the case of privatization, the conservation/ mines or pits closing works and the
environmental restoration on the affected areas until the privatization moment;
CHAPTER V
Authorizations
Article 40
The procedures for the obtaining of authorizations, agreements and/ or environmental notices, necessary for the
mining activities development, shall be coordinated by each authority, as per the competences and the rules
established by the law in force.
CHAPTER V
Authorizations
Article 41
(1) The competent authority will inform in written, in a term of 10 days from entering in force the exploitation
license, the county councils, the local councils and the county prefectures in which area are the leased
perimeters, in which regards the mining activities and the leased perimeters by these licenses.
(2) In a term of 90 days from the information receiving provided at paragraph (1), the county councils and the
local councils will modify and/ or will update the territory improvement drawings and the existent general
urban drawings in order to allow the execution of all the operations necessary for the leased mining
activities development.
18

CHAPTER V
Authorizations
Article 42
(1) The authorizations, agreements and other approvals and notices necessary for the mining construction
mounting activities and other construction activities necessary in order to begin and develop the mining
activities are going to be issued for the assembly of these constructions and not separately for each
construction, as per the request of the licenses owners.
(2) The authorizations, agreements and other approvals and notices necessary for the mining construction
mounting activities and other construction activities necessary in order to start and development of the
mining activity may impose conditions regarding the parameters and characteristics of functioning of the
respectively installations and constructions.
CHAPTER V
Authorizations
Article 43
(1) Authorizations, agreements and other approvals and notices necessary for functioning of the mining activity
development are valid on the whole duration of the permits and the licenses in which basis are developed
these activities, in the case of modification of the conditions that were taken into account at the issuing of
authorizations, agreements and others notices and approvals necessary for the mining activity development,
the owners of these activities must request the issuing of new authorizations, agreements, notices and
approvals.
(2) The authorizations, agreements and other approvals and notices necessary for the mining activity
development are issued for the operations assembly necessary for the mining operations or separately for
each operation or category of operations, as per the request of the license owners.
(3) The observance of the conditions imposed by the authorizations, agreements and other approvals and
notices issued for the activity of construction montage of mines and other necessary constructions in order
to begin and development of the mining activity, as per article 42, paragraph (2) and the observance of the
conditions provided by the law in order to development of the mining activities are monitoring by the
licenses owners and are checked by the competent authorities in the field, during the technological trial
periods, that cannot exceed 6 months from the termination of the construction mounting operations.
(4) If is determined the observance of the provisions in conformity with the provisions of paragraph (3), the
authorizations, agreements and other approvals and notices for functioning necessary for the mining activity
are issued in a term of maximum 10 days from the finalization of the technological trials, in the case that the
law in force does not establishes in another manner.
CHAPTER VI
Taxes, mining royalty (redevances) and tariffs
Article 44
(1) The owners of the licenses/ permits are obliged to pay to the state budget a tax for the activity of
prospection, exploration and exploitation of mining resources, and also a mine royalty (redevance).
(2) The annual tax for the prospection activity is established at 250 lei/ km2.
19

(3) The annual tax for the exploration activity is established at 1.000 lei /km 2; it becomes double after 2 years
and becomes 5 times bigger after 4 years.
(4) The annual tax for the exploitation activity is established at 25.000 lei/km2
(5) The value of the tax provided at paragraphs (2) (4) will be annual updated, at the proposal of competent
authorities, by the Government decision, depending on the inflation rate.
(6) The taxes provided at paragraphs (2) (4) are owed each year and are prepaid for the next year, until 31st
of December of the current year.
Mines law 85 2003 updated by:
Government Decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and Petrol Law
no. 238/2004 dated 04th October 2007, Official Monitor 684/2007.
CHAPTER VI
Taxes, mining royalty (redevances) and tariffs
Article 45
(1) The mining royalty owed to the state budget is established, at the license issuing or at the issuing of the
exploitation permit, as follows:
a) A percentage of 4% from the mining production for coal, iron ores, nonferrous ore, aluminum, aluminifer
rocks, noble metals, radioactive, rare and disperse soils, gems, semi precious rocks, mining residuals
products, bituminous rocks, therapeutic mineral water, thermal mineral waters, geo-thermal water and
the gases that accompany, incombustible gases, therapeutic mud and peats.
b) The equivalent in lei of 0,70 EUR per mining production unit, for the non-metalliferous substances;
c) The equivalent in lei of 0,35 EUR per the mining unit production, for magma rocks, metamorphic rocks,
industrial and construction limestone, dolomite, hones and industrial tuffs;
d) The equivalent in lei of 0,40 EUR, per mining production unit for clay, loess, sand and stones, sand and
kaolin rocks;
e) The equivalent in lei of 0,55 EUR per mining production unit for industrial alabaster, pumice, nepheline
syenite, gypsum, chalk, siliceous sand, bentonite, kaolin sand, slate and diatomite;
f) The equivalent in lei of 2,0 EUR per the mining production unit for the ornamental basalt, ornamental
dacite, ornamental andesite, ornamental rhyolite, ornamental granite and ornamental granodiorit.
g) The equivalent in lei of 2,50 EUR, per mining production unit for the ornamental alabaster, ornamental
aragonite and ornamental silicon;
h) The equivalent in lei of 3,0 EUR per mining production unit, for the marble, ornamental limestone,
ornamental hone, travertine and ornamental tuffs;
i) The equivalent in lei of 0,80 EUR per mining production unit for the halide salts.
(11) The mining royalty provided at paragraph (1) are paid at the official exchange LEI/EUR in the first working day of
October from the previous year, published in the European Union Official Journal;
(2) The Mining royalty due to the state budget for the natural mineral water is established at the source, in the
equivalent in LEI of 4 EUR/1.000 l, at the exchange rate of Romanian National bank at the date of payment;
(3) Abrogated
(4) The mining royalty is due from the date of the commencement of the production and is to be paid quarterly,
with the maturity date until the 20th of the first month of the nest trimester.

20

The mines law 85 2003 updated by:

Government decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and Petrol Law no.
238/2004 dated 04th October 2007, Official Monitor 684/2007.
Government decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and Petrol Law
no. 238/2004 dated 04th October 2007, Official Monitor 684/2007.
CHAPTER VI
Taxes, mining royalty and tariffs
Article 46
The owners have the obligation to transmit to the competent authorities the dates and necessary information for the
calculation of the due mining royalty as per the law.
CHAPTER VI
Taxes, mining royalty and tariffs
Article 47
(1) The check of the accuracy of the dates and information in which basis is calculated the tax for the mining
activity and the mining royalty is made by the competent authority, and also by the public administration
departments that have attributes in the financial check field.
(2) For the nonpayment in due term of the taxes for the mining activity and/ or the mining royalty are due pay
increments and delay penalties, as per the fiscal legislation in force.
CHAPTER VI
Taxes, mining royalty and tariffs
Article 48
(1) For the documents issued for the attributes exercise: notices, exploitation and prospection permits,
exploration and exploitation licenses, reserves registry documents, decisions for the mining activity
termination, association approvals, license transfer, addendums to license, certificates, authorizations, or
other similar documents, and also for the consulting and the usage of certain documents and information
referable to the mining resources and the Mining Book, the competent authority charges fees established by
a competent authority president Order, published in the Romanian Official Monitor, Part I.
(2) The extra budgetary incomes obtained as per paragraph (1) by the competent authority are used for the
expenses financing for the data composition and the bidding starting, the organization of the conditions of
participation to bidding, the bidding and studies elaboration, expertise and technical consultancy and other
material expenses, endowments and also for the granting of stimulant to personnel.
(3) The extra budgetary incomes achieved as per paragraph (1) by the competent authority are used for the
financing of the expenses in order to compile the data base and the starting of the biddings, the organization
of the bidding conditions, the bidding holding and studies elaboration, expertise and technical consultancy
and other material expenses, and also for the endowments.
(4) The incomes that remained unused at the end of the budgetary year are taken as incomes for the next year,
at the disposal of competent authorities.
(5) The expenses categories that are financed from the extra budgetary incomes approved by the state budget
and the way of granting the stimulant are established by a order of the president of the competent authority.
21

(6) The categories of expenses that are financed from the extra budgetary incomes approved by the state
budget are established by an order of the president of the competent authority.
Mines law 85 2003 updated by:
Government decision 71/2011 for the modification of certain normative documents in order to eliminate the
provisions referable to the granting of stimulant for the personnel from the budgetary sector dated 31st August 2011,
Official Monitor 637/2011.
CHAPTER VI
Taxes, mining royalty and tariffs
Article 49
The payment of the taxes, tariffs and the royalty provided in the present law does not exempt the owner of the
license/permit of the payment of the budgetary obligations due to the fiscal legislation in force.
CHAPTER VI
Taxes, mining royalty and tariffs
Article 50
Abrogated
The mines law updated by:
Law 237/2004 for the modification of the Mines Law no. 85/2003 dated 7th June 2004, Official Monitor 553/2004.
CHAPTER VII
Mines closing
Article 51
(1) The mining activity for the exploration of a reserve terminates when:
a) The exploitable mineral resources finished;
b) The continuation of the exploitation became impossible due to natural causes flood, crumbling,
landslide or caused endogenous fires, gases explosion which effects cannot be removed by
technical interventions, under economic conditions;
c) The exploitation became economic unprofitable.
(2) When one of the causes listed at paragraph (1) is determined, the owner of the license requests the
competent authority the agreement for the exploitation ceasing.
(3) The competent authority agrees the definite or temporary closing of the exploitation activity in the basis of
the plan of activity ceasing. For the concession perimeters to the companies and national mining societies
the closing will be previously approved by the resort ministry.

22

CHAPTER
Mines closing
Article 52
(1) The initiative of termination of the activity of one mine or pit, that belongs to the owner of the license of
exploitation, that presents to the competent authority a request accompanied by the updated pan of activity
termination, including:
a) The motivation for the activity termination, based on a technical economic documentation;
b) The technical program for decommissioning or preservation of the exploitation, which will include the
environmental factors monitoring after the closure. In the case of the mining national companies and
societies, the program will be previously approved by the resort ministry;
c) The social protection of the personnel, by redistribution and/or professional conversion, financial
compensation and/or measures for regional development for creating new places of work, made in
conformity with the law, after consulting with the affected groups, and approved by the competent
authority in the social protection field. In the case of mining national societies and companies, this is
previously approved by the resort ministry.
d) The authorization for the water management and the environmental authorization for the mine of pit
closing;
e) The procedure of decommissioning and the land release;
(2) The mining activity terminates by the decision of the competent authority, after the analysis and acceptance
by the competent authority and the ministry of resort, as per the case, the activity termination plan and after
its implementation. The decision for preservation/closing of the mine or pit belonging to the mining national
companies and societies shall be approved by the Government, the preservation/closing following to be
financed also from budgetary founds.
(3) The mines closing and the environmental restoration in the cases of mines and pits, of the exploration works
that were stopped before entering in force of the present law and which do not make the object of a license
shall be made with the agreement of the competent authority, by the resort ministry, by special departments,
with budgetary founds.
(4) The perimeters of the mines with the exploitation activity temporary closed, noticed as per article 51,
paragraph (3) can be given to concession/administration to another owner after the activity was stopped. In
this purpose, the competent authority shall organize public biddings.
CHAPTER VII
Mines closing
Article 53
(1) The responsibility of the obligation fulfillment resulted from the activity ceasing of the mine or pit belongs to
the competent authority. For the companies and mining national societies this obligation checking will be
performed together with the resort ministry.
(2) During the implementation of the activity ceasing in the mine or pit the owner must fulfill the conditions
imposed by the legal authorities that granted the agreements.
(3) The implementation of the monitoring program of the environmental factors afferent to the after closing
period, will be performed by the owner, with its own founds. For the companies and national mining
societies the monitoring of the environmental factors after the closing will be made by the resort ministry, by
the special departments, with budgetary founds.
CHAPTER VIII
Competent authority

23

Article 54
The competent authority empowered for the application of the provisions of the present law is National Agency for
Mineral Resources, organized as a public institution of national interest, with juridical personality, main credit officer,
under the order of Government.
CHAPTER VIII
Competent Authority
Article 55
(1) National Agency for Mineral Resources has the following main attributes:
a) It manages the mineral resources and the national geologic found, being the state public property;
b) Established the provisions and the conditions of the licenses/permits provided by the law and regulates
the mining activity development by norms and technical instructions in which regards the mining activity
development, issued in the application of the present law;
c) Receives, checks and registers the dates and information regarding the resources and mineral reserves
and organizes the national geological found; it constitutes the national found of resources/mineral
reserves. The official dates regarding the resources/mineral reserves are the ones included in the
national found;
d) Establishes the tariffs provided at article 48 paragraph (1) under the law;
e) Follows and checks the production of mineral resources for the calculation of the royalty;
f) It checks the application of the measures established for the protection of the surface and underground
also after the termination of the mining activity, in conformity with the law provisions;
g) It checks the observing by the owner of the provisions from license/permit, and also from the norms and
instructions from the field and take measures for their imposing;
h) Notices the documentation regarding the mining activity execution, and also the documentation for
ceasing the mining activity, only with the provision and approval as per the law, of the environmental
protection measures and the ecological reconstruction;
i) Limits the perimeters for the hydro-geological for the underground mineral water, geothermal and
thermal- mineral waters, therapeutic clays and peats and agrees the sanitary protection perimeters;
j) In the exercise of the control activity, cooperates with the territorial authorities for the water
management, environmental protection and labor protection;
k) Disposes the executed mining activities suspension besides the established perimeter, the one without
approved technical documentation and also the ones that by the ongoing way may lead to unjustified
loses of reserves or leads to the degradation of the deposits, until the causes that produced removal;
l) Elaborates norms and technical instructions for the application of the present law, being assisted by the
interested ministries;
m) Elaborates and daily update the Mining Book and the Extracting land register, as is provided in the
application norms of the present law. The juridical papers and the documents that were not registered
in the Mining Book and in the Extracting land register are not opposable to third parties;
n) It determines and notifies the nonobservance of the present law;
o) It elaborates projects of law and Government decisions for the mining activities;
(2) The functioning and the organization of National Agency for Mineral Resources are established by the
Government decision;

24

CHAPTER IX
The responsibilities of the resort Ministry
Article 56
The resort ministry assures the development of the mining activities as per the present law, thus:
a) Elaborates strategies and politics in the field of mineral resources that are sent for approval to the
Government; follows and participate to its accomplishment, in conformity with the own competences. The
strategies and the politics elaborated are applied to the participants to the mining activities only in the
favorable sense.
b) It evaluates and approves the budget for the execution of the production of mineral resources at the
companies and mining national societies, as per article 39, paragraph (2);
c) It elaborates programs in the application of the strategies and politics provided at letter a), and also to the
budget provided at letter b), including the prospection programs that are executed with founds allocated
from the state budget;
d) Is main officer for credits for the budgetary allocations for the re-technology and development, prospection
programs, as are provided in the annual geologic plan issued in conformity with letter c), technological
research, protection and environmental restoration, reorganization, the preservation/ mines or pits closing,
as per letter k), the measures for social protection in the case of mines closing, as per letter j) and other
activities in the field of mineral resources;
e) Assures the studies issuing, on which basis, together with the competent authority in the field of finances,
selects the mining products which exploitation is realized with founds from the state budget, substantiates
their price, under the law;
f) Notices, together with the competent authority in the field of labor and social solidarity, the norms for the
labor protection in the mining field;
g) Notices together with the competent authority in the field of environmental protection, norms for
environmental protection specific to mining activity;
h) Elaborates, together with the competent authority in the field of labor and social solidarity and with the
employers organization and syndicate, programs for medical assistance and assurance for risks and
accidents, in order to rehabilitate and compensate the ones who suffered work accidents and professional
disease in the mining activity;
i) It notifies the feasibility studies and developing plans of the companies and national mining societies and
also the definite or temporary termination of the exploitation activities;
j)

It substantiates and elaborated national politics in the field of social problems from the areas wth mining
activity, together with the competent authority in the field of labor and social solidarity and with the
departments of the local public administration;
k) By special departments, assumes the execution of the preservation/ closing of the mines or pits belonging to
the companies and mining national societies, and also the mines and pits, the exploration works that were
stopped before entering in force the present law and which are not representing the object of a bidding and
assures the monitoring of the environmental factors after the closing;
l) Notices the law projects and the decisions projects of the Government for the mining activities.
CHAPTER X
Sanctions
Article 57

25

(1) The nonobservance by the permits and licenses owners of the obligation provided by the present law
constitutes offense, if, as per the penal law, does not constitute infraction and is sanctioned with a
contravention fine as follows:
a) From 30.000.000 lei to 60.000.000 lei for the breach of the obligations established by article 23 and article
39 paragraph (1), letters b), d), e), f), h) and i) and paragraph (2) letter c);
b) From 60.000.000 lei to 200.000.000 lei for the breach of the obligations established at article 39 paragraph
(1) letter a), c), g), j), l), n), o) and s);
c) From 200.000.000 lei to 500.000.000 lei for the breach of the obligations established by article 4 paragraph
(3) and article 39 paragraph (1), letters k), m), p) and t);
(2) The execution of mining activities without a permit or license, excepting the causes provided at article 29,
constitutes and infraction and is punished with jail from 6 months to 2 years;
(3) The determination of execution of activities without permit or license is made by the contract authority and is
informed to the competent state departments;
CHAPTER X
Sanctions
Article 58
(1) The commitment for the second time of one of the offenses sanctioned as per the provisions of article 57 is
sanctioned with the double of the maximum fine provided at article 57;
(2) The continuous nonobservance of the disposals for which are established the sanctions at article 57 leads
to the revoke of the license/ permit;
(3) To the offenses provided at article 57 are applicable in the measure that the present law does not states in
another manner, legal disposals regarding the juridical state of contraventions
(4) The value limits of the fees provided at article 57 shall be periodically updated, as per the provisions of
article 44, paragraph (5).
CHAPTER X
Sanctions
Article 59
(1) The offenses statement and the applicance of the sanctions is made by the empowered personnel of the
competent authority;
(2) The amount received from the fees become an income to the state budget, as per the legal provisions
regarding the juridical state of the offenses.
CHAPTER XI
Final and transitory provisions
Article 60
(1) The provisions of the license in force remain valid, on their whole duration, under the conditions that were
concluded;

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(2) The grantion of the facilities as state help for the owners of the licenses of exploration and/or exploitation,
concluded before entering in force of the present law, for the ones that are under approval by the
Government and for the new solicitors is made by observing the law in force regarding the state help.
(3) Repealed
(4) The direct grantion of the exploitation licenses will be made under the existent conditions at the date of
requests sending only for the public institutions, mining national companies and the commercial societies
that at 15th of June 2001 have handed over to the competent athority the necessary documentation for their
approval
The mines law 85 2003 updated by:
Government Decision 101/2007 for the modification and the completion of the Mines Law 85/2003 and the Petrol
Law no. 238/2004 dated 04th October 2007, Official Monitor 684/2007;
Government Decision 101/2007 for the modification and completion of the Mines Law no. 85/2003 and the Petrol
Law no. 238/2004 dated 04th October 2007, Official Monitor 684/2007;
The Law 237/2004 for the modification of the Mines Law no. 85/2003 date 07th June 2004, Official Monitor
553/2004;
CHAPTER XI
Final and transitory provisions
Article 61
The solving of the litigations in connection with the interpretation and the execution of the licenses/permits is of the
competence of the instances from Romania, if the parties did not agree the amicable solving, including the
international instances.
Chapter XI
Final and transitory provisions
Article 62
In a term of 90 days from the publication of the present law in the Official Monitor of Romania, Part I, the competent
authority will elaborate the application norms, that are approved by the Government decision.
CHAPTER XI
Final and transitory provisions
Article 63
The resort ministry together with the competent authority in the field of labor and social solidarity, with the consulting
of the syndicates and employers, will issue, in a term of 90 days from the publication of the present law in the Official
Monitor of Romania, Part I, the Statute of the personnel from the mining industry, that is approved by Government
decision.
CHAPTER XI
Final and transitory provisions
Article 64

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The resort ministry together with the competent authority, will elaborate, in a term of 90 days from the publication of
the present law in the Romanian Official Monitor, Part I, the Mining topography Rule
CHAPTER XI
Final and transitory provisions
Article 65
(1) For the rapid intervention in the cases of accidents and damages, the owner organises stations for mining
saving;
(2) The organization of the mining saving stations is made at the mines and pits or in the central units, on the
basisns or mining regions. The decision for organising belongs to the owner, that is obliged previously to
obtain the agreement from the territorial inspectorate for the labor protection and the territorial inspectorate
of environmental.
(3) The organization and functioning of the mining rescue stations are made as per the Romanian law in force
in the field of environmental protection and labor protection.
CHAPTER XI
Finl and transitory provisions
Article 66
(1) In the purpose of prevention of the mining activity accidents, and also for the recovery of the workforce
and/or the granting of compensation and aid to the legal succesors in the case of death, can be organized,
as per the law, professional associations, as legal persons without non-profit making.
(2) The associations provided at paragraph (1) are organised and function in conformity with the law in force.
(3) The obligation of the contribution of the licenses owners at the intervention founds of the association shall
me mentioned in their statute, and the amount of the contribution shall be agreed between the parties.
CHAPTER XI
Final and transitory provisions
Article 67
For the radioactive raw materials the National Commission for the Control of the Nuclear activity exercise the check
for the nuclear security, informs the National Agency for Atomic Energy, and this reports to the speciality international
organisms, as per the agreements and conventions in which Romania is part of.
CHAPTER XI
Final and transitory provisions
Article 68
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The present law enters in force at its publishment in the Official Monitor of Romania, Part I.
CHAPTER XI
Final and transitory provisions
Article 69
At the date of the entering in force of the present law is abrogated the Mines Law no. 61/1998, published in the
Official Monitor of Romania, Part I, no. 113, dated 16th March 1988, with the modifications and further completions,
and also other contrary disposals.

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