HG No 745

DECISION No.
745 / 11th July 2007

regarding the approval of Regulation for license
grant
within
municipal services domain.
ISSUER: THE GOVERNMENT

PUBLISHED IN: Official Gazette No. 531 on 6 August 2007
Basis on art. 108, in the Constitution of Romania, republished,

and on art. 21, par. (3) in the Law of municipal services of public
utilities No. 51/2006 ,
The Romanian Government adopts present decision.
UNIQUE ARTICLE
Hereby is approved the Regulation regarding the license grant
for the communitarian services of public utilities, stipulated in
the appendix and being integrant part of this decision
PRIME-MINISTER
CĂLIN POPESCU-TĂRICEANU
Cosignatory:
──────────────
The Minister of Internal Affairs
and administrative transformation,
Cristian David
The Minister of Economy

and finances,
Varujan Vosganian
Bucureşti, 11 July 2007.

Nr. 745.
APPENDIX
REGULATION
for the communitarian services of public utilities license
grant.
CHAPTER. I
General dispositions
SECTION 1
Regulation field
ART. 1
Present regulation is elaborated compliant to provisions art. 1,
par. (3) in the Law of municipal services of public utilities
no. 51/2006.
ART. 2
The National Regulatory Authority for Municipal Services, is
empowered, as an adequately authority, to grant, modify, to
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interrupt, to redraw the licenses or to redraw the permission to
perform/ensure service/activities in a territorial administrative
unit for:
a) water supply and sewage public service;
b) water supply public service;
c) sewage public service;
d) local sanitation public service;
e) public lighting service;
f) thermal power supplying service except thermal power co-
generation
Application field
ART. 3
The present regulation applies to Romanian judicial persons
which are registered in other EC member states or to judicial
persons non EC members which request licenses grant for a service
for public utilities or for one or more activities belonging to the
field involved.
Goal
ART. 4
Present regulation stipulates:
a) general conditions regarding the licenses granted by National
Regulatory Authority for Municipal Services;
b) procedure of requesting and granting of licenses;
c) conditions to be accomplished for modifying the awarded
licenses and related conditions;
d) procedure for licenses’ interruption and redraw, as well as
for redrawing the permission to perform/ensure service/activities in
a territorial administrative unit for;
e) the tariffs for license documentation analyze, tariffs for
licenses’ granting as well as the yearly tariffs for license
maintenance which is to be paid to National Regulatory Authority for
Municipal Services by the applicants and the license holders.
Definitions and abbreviations

ART. 5
Considering the context of the present regulation provisions,
the abbreviations, terms and expressions below have following
meanings:
a) A.N.R.S.C. - National Regulatory Authority for Municipal
Services;
b) A.N.R.E. – National Authority of Regulation in the Energy
Domain;
c) license issuing comity – organized structure inside
A.N.R.S.C., who examines the requests’ accomplishment in order to
grant/ refuse, modify, interrupt or redraw the permission to
perform/ ensure service in a territorial – administrative unit;
d) license’s related conditions – appendix to license and
integrant part of it which establish the rights, obligations,
restrictions, sanctions, and the territorial – administrative units
where the license holder is allowed to perform/ ensure service for
public utilities or one or more specific activities in the field;
e) assimilation - act of recognizing the validity of some
certificates/licenses granted by other authorities in Romania or in
EC member states;
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f) license – technical and judicial document issued by
A.N.R.S.C., through they are recognized the quality
services/activities operator for public utilities as well as the
capacity and right to perform/ensure such a service or one or more
related activities.;
g) license’s alteration – decision of A.N.R.S.C. by which the
granted license is amended to comply to the present regulation;
h) alteration of the conditions related to license - decision of
A.N.R.S.C. by which the condition related to license are amended
according present regulation;
i) normalization – activity leading to eliminate causes which
permitted to the license holder to do not conform to the in force
legal provisions;
j) notification – license holder previous notice regarding the
license redraw decision;
k) operator – Romanian judicial person registered in another EC
member state or a judicial person non EC member having the
competence and capability, recognized by a license, to
ensure/perform a service of public utility or one or more specific
activities according the in force regulations and which directly
ensures administration and operating of the public utilities’ system
involved;
l) interested party – a person or a group of persons who are
affected by the services ensured/performed by the license’s holders;
m) procedure – detailed specification which stipulates precise
rules for performing an activity or a process;
n) authorized person – Romanian physical or judicial person
empowered to act in the name and behalf of a judicial person:
o) license redraw – an A.N.R.S.C. decision which redraws the
permission of a license holder to perform/ ensure the activities
which for he was licensed;
p) license interruption - an A.N.R.S.C. decision by which the
rights conferred by license are partially or totally redrawn for a
limited period of time the license holder being allowed to continue
the activity under supervision in order to do not affect the users’
interests;
q) license holder – judicial person owning a license issued by
the legal authority;
SECTION 2
General conditions regarding the licenses’ granting
ART. 6
(1) The specific activities of the water and sewage public
service for which A.N.R.S.C. grants licenses, complying to the
present regulation are followings:
a) crude sewage intake;
b) crude sewage treatment;
c) crude sewage intake and treatment;
d) drinking and/or industrial water transportation;
e) water storage;
f) drinking and/or industrial water distribution;
g) collecting, transportation, and evacuation of the waste water
from the end users to the waste water purification stations;
h) waste water purification and evacuation of the purified water
to the emissary;
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i) collecting, evacuating and adequate treatment of waste in the
pluvial water outlets and continuous operating maintenance;
j) evacuation, treatment and deposition of mud and of other
similar resulting waste from the sewage public service activities;
k) pluvial and river water evacuation from the towns;
l) drinking water supply.
(2) The sanitation public service specific activities which for

A.N.R.S.C. grants licenses, complying to present regulation, are
followings:
a) municipal wastage pre – collection , collection and
transportation including toxically and dangerous waste resulting
from domestic waste except the special ones;
b) municipal waste selection;
c) sweeping, washing, aspersion, and public roads maintenance;
d) snow cleaning and transportation from the public roads and
their maintenance including during frozen and glaze periods;
e) controlled storage of the municipality wastes;
f) creating the home waste stores and their management;
g) organizing treatment, neutralizing and material and
energetically of waste materials;
h) collecting, transportation and storage of waste materials
resulting from buildings and demolition;
i) debugging, disinfection and deratization.
(3) Public service specific activities for thermal power supply

for which A.N.R.S.C. issues the licenses, conform to this regulation
provisions, are followings:
a) thermal power production, except co-generation;
b) thermal power transportation, distribution, and supply;
(4) For public lighting service A.N.R.S.C. issues a single valid

license for all the service specific activities.
(5) For thermal power supply public service, A.N.R.S.C issues a

single valid license for all the service specific activities, except
the activities related to thermal power co-generation.
(6) A.N.R.S.C. issues separate licenses for activities mentioned

on par. (3) only if the thermal power production activity, in a
territorial – administrative unit , is organized to be performed/
supplied by more than one producers or by a single one or more
thermal power producers in a co-generating system.
(7) The license for water supply and sewage public service shall
be issued only if solicitors can prove technical – organizationally
capability, personnel qualification, and technical outfit at least
for the activities stipulated on art. (1) from par. c) to par. g).
(8)Public sanitation service license is issued only if

solicitors can prove technical – organizationally capability,
personnel qualification, and technical outfit at least for the
activities stipulated on art. (2), from par. a) to par. d).
ART. 7
The license issued by A.N.R.S.C. confers to the holder the right
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to participate to an unlimited No. of procedures of management
transfer for the services and activities stipulated in the issued
license, in territorial – administrative units complying to issued
license category.
ART. 8
(1) Judicial persons registered in other EC member states
holding licenses/authorizations issued in the origin countries, are
obliged to request A.N.R.S.C. licenses/authorizations validation and
equivalence
(2) Judicial persons registered in other EC member states not

licensed/authorized/ certified in the origin countries are obliged
to request licenses issue to A.N.R.S.C. in order to participate to
management transfer procedures of public utilities’
service/activities, according to present regulation provisions.
(3) In order to participate to management transfer of public

utilities’ service/activities, foreign judicial persons are obliged
to found a branch in Romania having judicial authority which shall
request license issue to A.N.R.S.C. according to present regulation
provisions.
(4) Judicial persons registered in other EC member states who

were granted a auction for management transfer of public utilities’
service/activities in Romania are obliged to found in Romania a
secondary headquarter and to request a license issue by A.N.R.S.C
according to present regulation provisions.
(5) Romanian secondary headquarter liquidation, during license

validity period, shall draw in license cancellation.
ART. 9
Licenses shall be issued to following solicitors categories:
a) local public administration authorities or a judicial
authority self structure;
b) communitarian development associations;
c) companies founded by the local public administrations or by
communitarian development associations, with subscribed capital of
territorial- administrative units.
d) companies with private or mixed subscribed capital.
ART. 10
Licenses are issued on three levels to the solicitors who are
not performing any public utilities’ service/activity belonging to
A.N.R.S.C. settlement system, but they have the necessary
capability, as well as to the suppliers/ performers ensuring the
service or one or more its specific activities in respect to the
served inhabitants, as follows:
a) class 1 – for a number larger or equal to 300.000
inhabitants;
b) class 2 - for a number between 50.000 and 300.000
inhabitants;
c) class 3 - for a number smaller or equal to 50.000 de
inhabitants.
ART. 11
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(1) License holders performing a public utilities’ service/
activity are entitled to participate to auction for service/
activity management transfer which are organized by the local public
administration authorities, in territorial – administrative units in
respect to the issued license class, if only the number of served
inhabitants add to those to be served in the future does not involve
a new higher class license.
(2) License holders remarking that they need a higher class

license, shall notify and request it to A.N.R.S.C., within at least
15 days before auction date, a new license issue, and attached to
the necessary documentation to certify the technical and financial
capabilities for a new higher class license, in respect to present
regulation provisions.
(3) When the term stipulated in par (2) is not appointed,

A.N.R.S.C. denies any obligation to analyze and evaluate the new
license issue request until the auction date.
ART. 12
(1) License validity period is:
a) one year, for the license conferring the holder but the right
to participate to an unlimited number of management cession
procedures for the public utilities’ service/ activities;
b) maximum 5 years, for the license conferring the holder the
permission to perform/supply public utilities’ service or one or
more of its specific activities;
c) during the licenses/ authorizations/certifies validity period
issued in the origin countries of the operators in EC but not more
than 5 years.
(2) License validity period stipulated in par. (1). point b)

shall not overcome the service/activities management cession
contract validity period.
ART. 13
(1) When the license validity expires the license holder shall
request for a new license issue.
(2) If the license holder wants to request a new license, the

demand and elaborated documentation conform to present regulation
provisions shall be submitted to A.N.R.S.C. within at least 60 days
before license validity expiration date.
(3) When the term stipulated at par. (2) is not observed

A.N.R.S.C. denies any obligation to analyze and evaluate the new
license issue request until license validity expiration date.
ART. 14
A.N.R.S.C. does not issue licenses if the solicitor situates in
one of the situations bellow:
a) bankruptcy or judicial procedure is in progress.
b) was sanctioned by A.N.R.S.C. by redrawing the license issued
for the service/activity subject of the new request within a period
of 2 years before the request registration date;
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c) presents non conform information in the presented
documentation in order to obtain the license;
d) does not accomplish minimal technical and financial
requirements provided in present regulation;
e) registered losses in his service/activity which for the
licenses was requested;
f) presents notices, agreements, specific authorizations for the
services/ activities supplied/performed which, according the in
force norms and regulation are out of validity because of self
imputable reasons;
g) services/ activities for which the license is requested, are
not mentioned in the activity field.
CHAPTER II
Licenses requesting and granting procedure.
SECTION 1
License request
ART. 15
(1) In order to issue a license to a Romanian judicial person
who does not perform public utilities’ service/activity belonging to
A.N.R.S.C. settlement system, the organization shall submit to
Registration Office of A.N.R.S.C., a documentation containing:
a) application form according to appendix 1;
b) ascertain certificate issued by the National Trade Register
Office within at most 15 days before the documentation submitting
day at the Registration Office of A.N.R.S.C., original or legalized
copies , from which must result the activity complying to public
utilities’ service/activity which for the license is requested, the
subscribed capital value, share owners structure, and organizing
type.;
c) copy of the registering certificate issued by the National
Trade Register Office;
d) financial ascertain certificate for judicial persons,
referring to State Consolidated Budget duties issued by the General
Managing Direction of Public Finances by its Public Finances’
Administration in the territorial area, in original or legalized
copy, valid on the submitting day;
e) financial ascertain certificate referring to local fees and
contributions for judicial persons, issued by Tax and Contribution
local Direction in the Local Council where the company is
registered, original or legalized copy and valid at the submitting
day;
f) financial situation copies, edited according in force
accountancy regulations referring to the prior financial balance,
new founded branches during the current year; main company financial
situations for the prior year balance shall be submitted;
g) declaration on one’s own responsibility, signed by the
company manager and stamped , in original, in which shall be
stipulated that solicitor is not subject of a judicial reorganizing
procedure, liquidation or bankruptcy, issued within at most 5 days
before documentation submitting day;
h) financial reliability letter issued by the solicitor bank
within at most 30 days before documentation submitting day;
i) evidence of analyzing tariff payment for the licensing
documents;
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j) vehicles’ ID cards copies and register certificates copies ,
respectively leasing and renting contract copies proving the minimal
necessary vehicle park in order to support service/ activity
performing/supplying for which the license is requested according
Appendix 10 or 11 as the case stands;
k) managing and organizing planning of the company activity
which shall be applied when, signed and stamped, and presenting at
least specialized, qualified, and authorized personnel to be
employed for performing/supplying the service/activity for which the
license was requested; the estimate maximum period for starting the
performing/supplying the service/activity for which the license was
requested; the estimate maximum period for starting the, in case of
an auction of service/activity management cession is granted;
organizing chart project; investments to be applied in order to
rehabilitate, modernize, and improve public systems, next five years
lagging, terms and estimated founds to obtain each type of letter of
advice, agreement and necessary authorization for performing the
service/activities for which the license was requested; terms and
necessary funds for implementing an Integrated Management System for
the service/activities for which the license was requested.
(2) The license holder who during validity period of the license
does not comply to the provision on the par. (1) point j) is obliged
to request to A.N.R.S.C. the license redraw
.
ART. 16
(1) For a license granting for a judicial person registered in
another EC member states who does not perform any public utilities’
service/ activity belonging to A.N.R.S.C. settlement system in the
communitarian countries, the judicial person shall submit to the
Registration Office of the A.N.R.S.C. a documentation which includes
all correspondent documents from the origin country which are
provided in art. 15 par (1) legally translated and registered by a
Romanian notary office.
(2) For the judicial persons registered in the EC member states

which are in the position provided by the par (1) shall be applied
the provisions of art 15 par (2).
ART. 17
Provisions in art 16 are applicable also for foreign non
communitarian judicial persons who do not perform any public
utilities’ service/activity belonging to A.N.R.S.C. settlement
system in the origin country if they founded a subsidiary judicial
person in Romania for which they demand license.
ART. 18
In order to get a license, a judicial person registered in
another EC member states who holds a license/authorization issued by
the origin country authority for a similar service/ activity for
which the license is requested, the judicial person shall submit to
the Registration Office of A.N.R.S.C. a documentation containing
following legalized translated documents, registered by a Romanian
notary office:
a) application form according to appendix 1;
8
b) copy of license/authorization issued by the foreign legal
authority;
c) copy of the registering certificate issued by the foreign
legal authority;
d) number of served inhabitants for which they provide the
service/activity licensed/authorized in communitarian countries;
e) a table presenting the technical equipment referring to type,
capacity and age of the owning or rented equipment;
f) presentation memoir, presenting at least the experience in
the field of managing services/activities similar to those for which
the license is requested, referring to the contracts, localities,
period and served persons’ number;
g) financial ascertain letter issued by the solicitor bank at
most than 30 days before the submission date.
h) evidence of analyzing tariff payment for the licensing
documents;
ART. 19
For granting a license to a judicial person registered in a
member state of EC who does not hold an license/authorization issued
in the origin country but who performs a public utilities’
service/activity belonging to A.N.R.S.C. settlement system in the
communitarian countries similar to the one for which the license is
requested, the judicial person shall submit to Registration Office
of A.N.R.S.C. a documentation containing following translated and
legalized documents. The documents must be legalized by a Romanian
Notary Office.
a) documents provided at art. 18, par. a), c), d), e), f), g)
and h);
b) copies of the financial situation of the prior financial
balance.
ART. 20
(1) Judicial persons found in the situation provided by art. 15,
16, 17, 18 and 19, who were granted an auction for service/activity
management cession based on a license, are obliged to request to
A.N.R.S.C. to issue a new license within 60 days since in force
coming of the contract for service/activity management cession,
according provisions in. 21 and 22 as the case stands.
(2) For the situation provided in par. (1), solicitors may

present in their licensing documentation notices/ agreements/
authorizations provided by art. 21 par. (2), (3), (4) and (5), as
the case stands, or the requests for obtaining them.
(3) In case that auction participation license holder does not

comply with condition in par. (1), A.N.R.S.C. is entitled to redraw
the license according hereby regulation.
ART. 21
(1) For granting a license to a Romanian judicial person who
performs a public utilities’ service/activity belonging to
A.N.R.S.C. settlement system, the judicial person shall submit to
Registration Office of A.N.R.S.C. a documentation containing
following documents:
a) documents provided in art. 15 par. (1) point a) to i), for
9
judicial persons;
b) documents provided in art. 15 par. (1) point. a) and i),,
for specialized departments non judicial authorized which are
organized in the mayor specialized system, with an attached copy of
the Local Public Administration Authority decision referring to
specialized department appointment;
c) copy of the decision to submit the service or activity
management adopted by Local Councils of Villages, Cities, Sections
of Bucharest Municipality, and District Councils or by General
Council of Bucharest Municipality, referring to the activity for
which the license is requested in case of direct management;
d) copy of the service management cession contract/contracts
concluded with Local Public Administration Authorities, in case of
management cession;
e) the inhabitants total number for whom the service or
activities are performed/supplied for which the license is
requested;
f) list of technical public works infrastructure items which
belong to public or private domain of the administrative –
territorial unit, afferent to service for which the license is
requested, and which shall contain the main technical
characteristics of plants and equipments of the system;
g) technological diagram of the exploited system including the
link to other operators, as the case stands;
h) personnel organizing chart, qualified and authorized, and
involved in the service/activity;
i) organization chart valid at the date when the license is
requested, presenting departments in charge to operate the
activities for which the license is requested;
j) technical and material endowment including data concerning
machineries and/or special vehicles dedicated to service, and
specifying type/ brand, working capacity, year of manufacturing and
number;
k) financial and economic indicators specific to
service/activity for which the license is requested, according
Appendix 7;
l) investment strategies, reflected in the investments’ planning
made for at least 3 years including proposed objectives, estimated
costs, financial resources and terms to accomplish;
m) integrated system management implementation strategy
providing terms and costs to comply;
n) prices/tariffs for performed/supplied service/activities for
each territorial – administrative unit for which license was
requested; type, number and date of the approval document to be
mentioned;
o) performance indicators of the service/ service levels
approved by the Local Public Administration Authority for which the
license was requested to be compulsory digitally presented.
(2) For the activities specific for water supply and sewage
public service, the documentation must contain besides the documents
provided in par.(1) following documents, for each territorial –
administrative unit which for license is requested, must be added;
a) branch metering degree;
b) copy of the valid water utilization
authorization/authorizations;
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c) copy of valid environment authorization/authorizations, for
performing/supplying activities for which the license is requested;
d) copy of the drinking water Quality Control monitoring
program/programs confirmed by the District Public Health Authority
respectively Bucharest Authority, for the water supply public
service;
e) copy of the drinking water quality audit monitoring
program/programs confirmed by District Public Health Authority
respectively Bucharest Authority, for the water supply public
service;
f) copy of Sanitary Authorization for producing and distribution
of drinking water;
g) copy of waste water quality monitoring program/programs
confirmed by the District Public Health Authority respectively
Bucharest Authority, for the waste water public service;
h) copy of complying planning/ planning’s regarding the drinking
water confirmed by the District Public Health Authority respectively
Bucharest Authority, for the water supply public service;
i) copy of registration certificate issued by Ministry of Public
Health for the proper laboratories where the drinking water is
monitories;
j) copies of the contracts concluded for performing water
bacteriological and physic and chemical analyzes in approved
laboratories, in case that solicitor does not have his own.
(3) For the activities specific to thermal power supply public

service, the documentation shall contain, besides the documents
provided at par. (1), for each territorial – administrative unit for
which the license is requested, following documents:
a) branch metering degree;
b) copy of the valid water utilization
authorization/authorizations;
c) copy of valid environment authorization/authorizations, for
performing/supplying activities for which the license is requested;
(4) For the activities specific to localities sanitation public
services the documentation shall contain, besides the documents
provided at par. (1), for each territorial – administrative unit for
which the license is requested, following documents:
a) copy of the authorization/ authorizations for performing
services involving phytosanitary products, issued by the District
Public Health Authority respectively Bucharest Authority for
debugging, disinfection, and deratization activities;
b) copy of the environment authorization for each performed
activity;
c) copy of the environment advice/authorization/agreement, for
building and administrating garbage yards;
d) appendix No. 9 filled with information referring to the
exploited infrastructure and technical endowment of the solicitor,
for the activities specific to public sanitation;
e) closing terms and closing funds generating status, for the
solicitors administrating/exploiting non conform waste yards;
f) copy of the contract concluded with the operator
administrating/exploiting the waste yard.
(5) For the activities specific to public lighting service,

documentation shall contain, besides the documents provided in par.
11
(1), copy of the certificate for design or execution of the electric
plant connected to the National Power Supply System, issued by
A.N.R.E.
(6) In case when there are decisions for granting administration

or contracts of cession of the management of the licensed
services/activities which are in progress for a period longer than
the license validity, the license holders shall apply to
Registration Office of A.N.R.S.C. in order to obtain a new license,
together with following documents:
a) copy of the registration certificate issued by the National
Trade Register Office;
b) copy of the decision to granting
administration/contract/contracts of cession of the management of
the licensed services/activities;
c) financial and economic indicators specific to
service/activity for which the license is requested, according
Appendix 7;
d) copy of the financial situation of the prior year financial
e) copy of all valid authorization/advices/agreements/
certificates necessary for service/activity process for which the
license is requested.
ART. 22
Provisions of art. 21 applies both to judicial persons
registered in the EC member states and to non communitarian judicial
persons performing a service/activity of public utilities in Romania
belonging to A.N.R.S.C. settlement system.
ART. 23
(1) Judicial persons found in the situations provided by art. 21
and 22, who were granted a auction for service/activity management
cession are obliged to apply to A.N.R.S.C. for accordingly amendment
of the license related conditions, in the sense of granting
permission to operate in respectively territorial – administrative
units, within 90 days since the service/activity management cession
contract conclusion, according provisions in art. 53.
(2) In case that license holder does not comply the term
provided in par. (1), A.N.R.S.C. is entitled to redraw the issued
license.
ART. 24
(1) For the documents provided in art. 15, 18, 19, 20 and 21,
A.N.R.S.C. may request clarifications, completions or integral
presentation of one or more documents.
(2) The documentation shall have attached the documents’ list.
(3) The necessary documents for license granting may be
presented on optical support except request form and those which for
the original, original signature or notary legalized copy must be
presented.
SECTION 2
Analyze of the solicitor presented documents.
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ART. 25
A.N.R.S.C., by its specialized direction, analyzes the documents
submitted by the solicitor, in order to issue the license and, if
necessary, notifies solicitor that he is obliged to complete,
correct or clarify the request and submitted documents within 30
days from documentation registration day.
ART. 26
submitted by the solicitor, in order to modify the license or the
license related conditions and, if necessary, notifies solicitor
that he is obliged to complete, correct or clarify the request and
submitted documents within 15 days from documentation registration
day.
ART. 27
submitted by the solicitor, in order to redraw license, respectively
to redraw the permission to perform/supply a service in a
territorially – administrative and, if necessary, notifies solicitor
that he is obliged to complete, correct or clarify the request and
submitted documents within 5 days from documentation registration
day.
ART. 28
In case that within 30 days from the notification of completion
date, the solicitor does not submit the entire documentation
provided in present regulation, including all notified completion,
A.N.R.S.C. shall return documentation to solicitor and shall delete
the solicitor application from the license granting procedure and
notify solicitor about.
ART. 29
Based on the presenting manner and to contained information
complexity in the submitted documentation, A.N.R.S.C. may decide:
a) convoke at A.N.R.S.C. headquarter the solicitor authorized
representatives in order to clarify some of the aspects resulting or
not from the submitted documents;
b) verifying at site the validity of the in the solicitor data
in the submitted documentation ; resulting findings shall be
notified in a protocol concluded between A.N.R.S.C. and solicitor
authorized representatives.
ART. 30
(1) A.N.R.S.C., by its specialized direction, shall issue a
special report which includes the justified proposal for license
granting/refuse, license or its related conditions amendment,
license interruption or redraw, respectively redraw of permission to
perform licensed service/services in a territorial – administrative
unit.
(2) The issued special report shall be submitted to Licensing

Comity Secretary who will present it to be analyzed by the Licensing
Comity of A.N.R.S.C., who shall decide, in a special convoked
meeting, about the resolving manner.
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(3) Date and place of the meeting shall be notified to solicitor
within 3 working days before by phone advice, fax message, e –mail
or post mail.
ART. 31
(1) The proposal of granting/refuse, modifying, interrupting,
redrawing a license or a permission to perform/ supply service in a
territorial administrative unit shall be subject of vote of the
Licensing Comity members appointed by decision issued by the
A.N.R.S.C. president.
(2) Licensing Comity consists of 5 members, a president, a vice

president and 3 members.
(3) Licensing Comity is assisted by the comity secretary and a

assessor from A.N.R.S.C, having no vote right.
(4) At these meetings can be invited, as advisors, without vote

right, representatives of:
a) Ministry of Internal Affairs and Administrative Reform;
b) Ministry of Environment and Lasting Development;
c) Ministry of Public Heath;
d) Ministry of Labor, Family and Equal Chances;
e) National Authority for Customer Protection;
f) professional associations or of other institutions or bodies
as the case stands.
(5) At these meetings may participate special reports authors as

well as other interested persons.
(6) Persons provided in par. (2), (3) and (4) are not
remunerated for their activity inside the Licensing Comity body
(7) Invitation and solicitor participation to Licensing Comity

meetings is not compulsory.
ART. 32
Licensing Comity is legal constituted if 3 members are present
which from one must be the president or the vice-president. In case
of equal vote the president or vice-president vote is final.
ART. 33
(1) Decisions of the Licensing Comity shall be stipulated in the
minute of meeting signed by all its members.
(2) Discrepancies an separate opinions of the participants shall

be stipulated in the minute of meeting.
ART. 34
Secretary of the Licensing Comity has following
responsibilities:
presents the special report to be analyzed by the Licensing Comity
elaborates the Licensing Comity meeting plan;
c) convoke comity members and advisors;
d) issues the minutes of meeting ;
e) verifies payment of financial fees for license granting.
14
SECTION 3
License Granting
ART. 35
A.N.R.S.C. decides upon granting/refuse of a license within 60
days since the documentation registered at the A.N.R.S.C.
headquarters or within 30 days since requested completions
submission according art. 25.
ART. 36
A.N.R.S.C. decides upon license amendment or upon license
related condition amendment within 30 days from documentation
registration date at A.N.R.S.C. headquarters or within 30 days since
requested completions submission according art. 26.
ART. 37
(1) A.N.R.S.C. decides upon license redraw or upon redrawing the
permission to perform/supply a service in a territorial –
administrative unit, within 15 days since the date of solicitor
appliance registration or within 15 days since requested completions
submission according art. 27.
(2) In case of license redrawing decision, the license holders

are excepted from the fees payment for license maintenance starting
on the date of application registration to A.N.R.S.C.
ART. 38
(1) Granting/refuse is made by A.N.R.S.C. president mandate
which shall be notified to solicitor within maximum 5 days since the
issuing date using telephone notice or fax message.
(2) Within 30 days since A.N.R.S.C. notification date, about

license granting acknowledgement the solicitor shall provide the
license granting tariff payment voucher.
(3) In case of fail to accomplish the term provided in par. (2),

A.N.R.S.C. shall proceed to issued license redraw according to
provisions in art. 31 and 32.
(4) Licenses become valid starting on the issuing date.
ART. 39
(1) The A.N.R.S.C. president mandate referring to license grant
shall be submitted to solicitor after tariff payment submission
attached to following documents:
a) license, which models is the one in Appendix 12.
b) license related conditions , are integrant part of it.
(2) In case of license granting refuse as well as in case o

license redraw A.N.R.S.C. shall submit to solicitor, respectively to
license holder
a) A.N.R.S.C. president mandate referring to license application
refuse or to license redraw as the case stands;
b) reasons of refuse, respectively redraw.
15
ART. 40
(1) Operators for which the license was redraw are published on
the web page of A.N.R.S.C.
(2) In case of license refuse solicitor may submit a new

licensing documentation after 6 month since the refusing advice
registered date.
ART. 41
The mandate notifying the license grant, amendment,
interruption, redraw or refuse may be sent law at The Court of
Appeal in Bucharest according the provisions of Administrative
Contentious Law No. 554/2004, modified.
ART. 42
The license related conditions for the license holders not
performing/ supplying any service/activity of public utilities
belonging to A.N.R.S.C. settlement system must contain at least:
a) license holder name;
b) license objective, respectively service/activity for which
the license is granted according license types as they are defined
as per art.6;
c) validity period of the license;
d) license holders rights;
e) license holder’s responsibilities;
f) interdictions, restrictions and charges for the license
holder in order to maintain a normal computational environment in
the field, to avoid market unbalance and anti computational
practice;
g) provisions concerning the license holder control and guidance
made by A.N.R.S.C. and related to license related conditions and
other regulation compliances.
h) conditions concerning license redraw;
i) cases for which A.N.R.S.C. is entitled to apply penalties
against license holder.
ART. 43
License related conditions for the license holders
performing/supplying in Romania a service/activity of public
utilities which belongs to A.N.R.S.C. settlement system, must
contain, besides the provisions in art. 42, at least:
a) territorial – administrative delimitation for which the
license holder may perform service/activities subject to license,
respectively is entitled to perform/supply the licensed service/
activities;
c) demands concerning public health assurance;
d) demands concerning the safety and sure area delimitation as
the case stands;
e) demands concerning optimal operating assurance, in conditions
of safety and performance of the buildings and in operation plants,
complying to the in force legislation and regulations;
f) demands of complying to the specifications concerning the
methods to establish, adjust and modifying the prices and tariffs
for the public services, for their optimal, profitable, for
promoting economic efficiency inside the public services and
protection of the users’ interests, provided for the settled domain.
16
g) obligation to present to A.N.R.S.C. correct and complete
information referring to the licensed service/activity;
h) demands concerning an Integrate Management System
implementation for the licensed service/activity
i) demands concerning the license or license related condition
amendments
j) demands concerning license interruption;
k) demands concerning the redraw of permission to perform/supply
the licensed service/activity in a territorial – administrative unit
in case that license holder performs activities in more than one
territorial – administrative unit;
ART. 44
The license related conditions are integrant part of the license
and its’ appendix
ART. 45
(1) Licenses are registered in a unique register book where they
are registered in the order of their issue.
(2) The license number is the order number in the above
mentioned register book. (3) The license is issued in two copies
which from one is given to the holder and one remains to A.N.R.S.C.
ART. 46
The A.N.R.S.C. president mandate of license grant is published
based on license holder fees in the Official Gazette Part IV.
SECTION 4
Licenses granting criteria
ART. 47
The license granting based on following compulsory criteria:
a) possibility that solicitor to become a license holder, if he
is not in one of the situations provided by art.14;
b) the existence of the decision to grant the management of
service/activity for which the license is requested and is issued by
the Local Public Administration Authority in case of direct
management;
c) existence of valid contracts concluded with Local Public
Administration Authorities, based on which the solicitor
performs/supply the service/activities for which the license was
requested, in case of transferred management.
d) service/activity management transfer contracts presented by
solicitors were granted according in force laws;
e) providing the technical and material endowment with the necessary
tools and machineries for performing the service/activity for which
the license is demanded.
CHAPTER III
License and its’ related conditions amendment
SECTION 1
License Amendment
ART. 48
(1) Upon holder request, according to the form in appendix No.
17
2, or by its’ own decision, A.N.R.S.C. may decide license amendment
in following situations:
in case of license holder identification data modifications;
in order to extend the license validity period, as a result of
longer validity period of the contracts for licensed
service/activity management cession;
in case that new norms are coming into force modifying the
legislation referring to the settled domain;
(2) For the situation provided in par. (1) point a), the
appliance for license amendment, according the form in the appendix
No. 2 shall have in attach the copies of the ascertain and
registering certificates issued by the National Trade Register
Office.
(3) For the situation provided by par. (1) point b), the
appliance for license amendment, according the form in the appendix
No. 2 shall have in attach the copy of the transfer contract of the
licensed service/ activity and copies of all authorizations/
advices/ certificates necessary for performing the service/activity.
(4) For the situation provided by par. (1) point c), the license
amendment shall be operated by A.N.R.S.C. initiative, who shall
notify the license holders about the made amendments and shall issue
for them amended licenses complying the in forcer regulation and
equal treatment according to the nature of the situation that
imposed amendment.
ART. 49
For the situation provided by par. 48 point (1) a), within 30
days since new situation appearance, the license holder shall apply
for the license amendment and A.N.R.S.C. may decide:
a) license accordingly amendment, and modified license issue if
appliance proves to be legal;
b) license redraw, if A.N.R.S.C. can not proceed to license
amendment.
SECTION 2
Amendment of the license related conditions
ART. 50
Upon holder appliance, according form in Appendix 3, A.N.R.S.C.
may decide to modify the license related conditions in following
situations:
a) in case that, certain licensed service/activity cession
contracts cession contracts viability period, ends;
b) in case of extend of the viability period of licensed
service/activity cession contracts;
c) in case of certain decisions to grant administration of
licensed service/activity
d) in case of granting certain cession contract for licensed
service/activity.
ART. 51
(1) For the situation provided by par. 50 points a) and b), the
license holder shall demand to A.N.R.S.C., within 30 days since the
18
new situation appeared, to accordingly modify the license related
conditions.
(2) The request for license related conditions amendment,

according form in Appendix No. 3 shall have in attach the copy of
the out of validity contract or the Amendment doc. to the contract
of transferring the licensed activity/service.
(3) A.N.R.S.C. decides within 30 days since the registration

date of the demand for issuing certain amendments to the license
related conditions.
(4) In case that the license holder does not comply the term
provided by par. (1), A.N.R.S.C. may decide by self initiative to
interrupt license.
ART. 52
In the situation provided by par. 50 point a), the license
holder is obliged to ensure the continuity of the licensed
service/activities up to the moment that those are assumed by a new
operator but no more than 90 days.
ART. 53
(1) For the situation provided by par. 50 points c) and d),
the license holder shall demand to A.N.R.S.C., within maximum 90
days since the issuing date of the decision of granting
administration or conclusion of the contract for cession the
management of a service/activity, to modify accordingly the license
related conditions.
(2) Demand of amendment of license related conditions, according

to form in the Appendix No. 3, shall have attached copy of decision
to grant management/ contract of management cession for service
/activities and the copied of all notices/agreements/authorizations
necessary to perform service/activity or of applications in order to
obtain them.
(3) Within 30 days since the written request registration,

A.N.R.S.C. decides:
a) issuing certain amendments to license related conditions, if
licensing documentation is complete;
b) request of completion and clarify if licensing documentation
is not complete.
(4) In the situation provided by par. 50. (3) point b), the
license holder is obliged to submit the completion document within
maximum 3 days since completion request.
(5) In case that the license holder doer not fulfill the term
provided in art. (1) or (4), as the case stands, A.N.R.S.C. may
decide from self initiative to interrupt the license.
ART. 54
License and license related conditions amendment must be done
according provisions in art. 30, 31 and 32.
ART. 55
19
The A.N.R.S.C. president mandate for license amendment,
respectively license related conditions amendment shall be notified
to the license holder within maximum 5 days since issuing date.
ART. 56
The A.N.R.S.C. president mandate for license amendment shall
be published on license holder costs in the Official Gazette, Part
IV.
CAHPTER IV
The procedure of license interruption and redraw and of the

permission of performing /supply a service/activity in a territorial
administrative unit.
SECTION 1
License interruption
ART. 57
A.N.R.S.C. decides license interruption by its self initiative
or as a result of certain claims issued by interested parties in
following situations:
a) in cases stipulated in present regulation;
b) in cases stipulated in license related conditions;
c) in case of major professional mistakes which might affect
life and public health, respectively environment protection and
preservation, and grant of a maximum 6 month if the created
situation may be normalized;
d) in case of disrespect of certain measures of complying
imposed by the A.N.R.S.C ascertaining representatives;
e) in case of refuse to submit to A.N.R.S.C. data and
information concerning the licensed service/activity.
ART. 58
(1) License interruption is made for a maximum 6 month period
and comes in force on A.N.R.S.C. president mandate issuing date;
(2) A.N.R.S.C. must prove the written notification in order to
permit to license interruption proposed operators to participate to
Licensing Comity meetings. Their presence is not compulsory.
(3) The operator whose license was interrupted is excepted from

the payment of the license yearly maintenance fees for the entire
interruption period starting on the date of the license interruption
A.N.R.S.C. president mandate
SECTION 2
License redraw
ART. 59
(1) A.N.R.S.C. decides, upon license holder request, to redraw
the license, in following conditions:
a) in case of licenses conferring to holder but the right to
participate to procedures for management cession of the licensed
service/activity/activities;
b) as a result of ended validity or cancellation of the
contracts for management cession for licensed service/activity, in
20
case that license holder performed/supplied the service/activity but
in one territorial – administrative unit and he intends to not
participate to procedures for management cession of the licensed
service/activity;
c) in case of judicial reorganizing procedure starting or in
case of bankruptcy;
in case when the license holder intends to cease
performing/supplying the licensed service/ activity
(2) In the situation provided by par. (1) points b) and c), the
license holder is obliged to ensure the continuity of the licensed
service/activities up to the moment that those are assumed by a new
operator but no more than 90 days.
(3) In situation provided by par. (1) point d), the license

holder must prove that he notified the Local Public Administration
Authority and A.N.R.S.C. about his intention to cease
performing/supplying licensed service/activity within at least 6
month before registration of license redraw demand to A.N.R.S.C.
(4) The license redraw demand, according form in Appendix 4,

shall have attached the reason which for such appliance is made.
ART. 60
A.N.R.S.C. decides the license redraw, by its self initiative or
as a result of claims from interested parties, in following cases:
a) in cases stipulated in present regulation;
b) in cases stipulated in license related conditions;
c) in case of major professional mistakes which might affect
life and public health, respectively environment protection and
preservation, and grant of a maximum 6 month if the created
situation may be normalized;
d) when license validity period ends if created situation can
not be normalized;
in case that license holder accomplishes the license interruption
conditions and he was penalized two times by license interruption;
in case of disrespect of certain measures of complying imposed by
the A.N.R.S.C ascertaining representative in situation provided by
art. 57 point c);
in case of false data, documents, information or declarations
presented in the licensing documentation based on which the license
was granted;
in case that license holder refuse the control or to submit to
A.N.R.S.C. representatives data and information during audit and
control action;
in case of judicial reorganizing or bankruptcy.
ART. 61
(1) In the situation provided in art. 59, if license redraw wad
applied upon license holder request, he is no longer entitled to
apply for a new license within 6 month since the issuing date of the
license redrawing mandate issued by the A.N.R.S.C. president.
(2) In situation provided in art. 60, if the license redraw was

applied by A.N.R.S.C., self initiative, the license holder is no
longer entitled to apply for a new license within 2 years since the
21
issuing date of the license redrawing mandate issued by the
A.N.R.S.C. president.
ART. 62
In case that the license redraw was applied by A.N.R.S.C., self
initiative that shall notify the operator within at least 90 days
before, and in this period the operator is obliged to perform/supply
the service in the conditions of the giving to administrate or of
the contract of management cession of the service/activity.
ART. 63
License redraw involves revoke of the giving to administrate
decision or of the contract of management cession of the
service/activity, as thee case stands and leads to a new selection
procedure to be organized in order to select a new operator.
ART. 64
In case that the operator to whom the license was redrawn is a
specialized public service with or without judicial authority,
organized under subordination of Local Public Administration
Authority, that has the obligation to organize an auction for the
service/ activity performed/supplied by the former license holder
complying to legal norms in force.
ART. 65
The A.N.R.S.C. president mandate of license interruption
respectively redraw, shall be submitted to organization within
maximum 5 days since issuing date and shall be published on the web
page of A.N.R.S.C.
SECTION 3
Redrawn of a permission to perform/supply a service/activity in
a territorial administrative unit.
ART. 66
In case of that the license holder performs/supplies licensed
service/activity in more than one territorial – administrative
units, A.N.R.S.C. decides, upon license holder request, redrawn of
permission to perform/supply a service /activity in a territorial –
administrative unit in following conditions:
a) as a result of cancellation of a management cession contract
for a licensed service/activity in that territorial – administrative
unit;
in case that license holder intends to do not perform/supply any
more the licensed service/activity in that territorial –
administrative unit;
ART. 67
(1) In the situation provided in art. 66 point a), the license
holder is obliged to demand to A.N.R.S.C. to redraw the permission
to perform/supply the service/activity in that territorial –
administrative unit within maximum 15 days since contract
cancellation.
(2) In case that license holder disrespect the term provided in

par. (1), A.N.R.S.C. may decide, from self initiative or upon
22
request of an interested person, the redraw of the permission to
perform/supply the service/activity in that territorial –
administrative unit and license interruption.
(3) In the situation provided in art. 66 point a), the license

holder is obliged to ensure continuous performing/supplying of the
service/activity until a new operator shall undertake the
service/activity, but not more than 90 days.
ART. 68
In the situation provided in art. 66 point b), the license
holder must prove that he notified The Local Public Administration
Authority and A.N.R.S.C. about the intention of ceasing
performing/supplying the licensed service/activity in the
territorial – administrative unit, within at least 6 month before
registering to A.N.R.S.C. its request of redraw of permission to
perform/supply the service/activity in a territorial –
administrative unit.
ART. 69
Request of redraw of permission to perform/supply a
service/activity in a territorial – administrative unit according
form in Appendix 5 shall include the reasons for which such a
request was applied.
ART. 70
In case when a license performs/supplies a licensed service/
activity in more than one territorial – administrative units,
A.N.R.S.C. decides, from self initiative or as a result of a claim
from an interested party, the redrawn of the permission to
perform/supply service/activity in a territorial – administrative
unit in following situations:
a) in cases stipulated in license related conditions;
b) in case of not applying certain measures of complying
requested by the in force authority, in order to normalize the
performed, supplied activities in a territorial – administrative
unit;
c) in case of major professional mistakes which may affect life
and public health and respectively environment protection and
preservation from that territorial – administrative unit.
ART. 71
In case when the redrawn of the permission to perform/supply a
service/activity in a territorial – administrative unit is applied
by A.N.R.S.C. initiative, that shall be notified to license holder
within at least 90 days before, in this period the operator is
obliged to perform/supply activity/service as are stipulated in the
contract for service/activity management cession.
ART. 72
Redrawn of the permission to perform/supply a service/activity
in a territorial – administrative unit involves revoke of the
decision of granting the contract of service/activity management
cession and leads to organize a new procedure for operator
selection.
23
ART. 73
In case of redrawn of a permission to perform/supply a
service/activity in a territorial – administrative unit, A.N.R.S.C.
decides certain amendments issuing for license related conditions.
ART. 74
The A.N.R.S.C. president mandate of redrawn a permission to
perform/supply service/activity in a territorial – administrative
unit, shall be submitted to the license holder within 5 days since
issuing date ad shall be published on the web page of A.N.R.S.C.
ART. 75
License interruption/redrawn, respectively redrawn of permission
to perform/supply a service/activity in a territorial –
administrative unit shall comply with provisions of art. 30, 31
and 32.
CHAPTER V
Final and transitory dispositions
ART. 76
(1) Licensed granted by A.N.R.E. to the operators of public
services for thermal power supply produced centralized, which
entered under A.N.R.S.C. settlement system, shall be modified in
respect with this regulation conditions.
(2) In respect to modifications, the license holders shall

submit to A.N.R.S.C., within 90 days since coming into force date of
the present regulation, following documents:
a) demand form according Appendix No.6;
b) copy of ascertain certificate issued by National Trade
Register Office no longer than 15 days before documentation
submitting day to A.N.R.S.C;
c) copy of the registering certificate issued by National Trade
Register Office;
d) copy of the decision of giving to administrate the
service/activity in case of direct management;
e) copy of the contract of management cession for
service/activity concluded with Local Public Administration
Authority, in case of management cession;
f) copy of financial situations afferent to prior year financial
balance;
g) total number of inhabitants for whom they perform/supply a
service or activities for which the license is requested;
h) branch metering degree;
i) list of technical public works infrastructure items which
belong to public or private domain of the administrative –
territorial unit, afferent to service for which the license is
requested, and which shall contain the main technical
characteristics of plants and equipments of the system;
j) technological diagram of the exploited system including the
link to other operators, as the case stands;
k) personnel organizing chart
l) personnel structure qualified and authorized, and involved in
the service/activity;
m) technical and material endowment in order to perform the
24
activity for which the license is requested;
n) water utilization valid authorization for performing the
activities for which the license is requested;
o) environment valid authorization , qualified and authorized,
and involved in the service/activity;
p) investments’ strategy for the next 3 years in order to
establish the thermal power producing and transportation systems;
q) in original declaration, on one’s own responsibility, signed
by the general managing director and stamped which from to result
that solicitor is not subject of a judicial reorganizing,
liquidation or bankruptcy, issued within at most 5 days before
application and documentation submitting date to A.N.R.S.C.;
r) copies of licenses and license related conditions/ licenses
issued by A.N.R.E., for the activities of producing, transportation,
distribution , and supplying of the co generated thermal power;
s) prove of licensing documentation analyze tariff payment.
(3) A.N.R.S.C. may request further information, completions or
documents beside those provided in par. (2).
ART. 77
(1) The amendment of the licenses issued by A.N.R.E. shall not
be performed if the holder is in one of the situations bellow:
a) closed the activity subject of the license object;
b) it was started the judicial reorganizing or bankruptcy;
(2) For the situations provided in par. (1), A.N.R.S.C. shall

proceed to license redraw.
ART. 78
The licenses issued by A.N.R.E. for a period longer than the one
provided by the regulation shall be modified accordingly.
ART. 79
A.N.R.S.C., by its specialized direction, decides the A.N.R.E.
issued license amendment in order to assimilate them and the issuing
of a new license, according provisions in art.. 25, 30, 31, 32
and 35.
ART. 80
(1) The license granting mandate of the A.N.R.S.C. president
shall be notified to solicitor in within maximum 5 days since the
issuing date.
(2) The A.N.R.S.C. president mandates provided in par. (1) shall

be published on holder’s own charge in the Official Gazette of
Romania, Part IV.
ART. 81
The auction participation authorizations and temporally
operating authorizations issued by de A.N.R.S.C. according this
regulation provisions concerning issuing the licenses and
authorizations for the public service system of town management,
licenses’ interruption, redraw or modifying conditions, approved by
Order of Public Administration Ministry No. 140/2003 published in
the Official Gazette of Romania, Part I, No. 119 bis on 25 February
2003, is still valid until the expire date.
25
ART. 82
(1) the licenses issued by A.N.R.S.C. before entering into force
of the present regulation keep their validity until their expire
date.
(2) Provisions of the present regulation referring to license or

license related conditions amendment, to license interruption/redraw
or to permission to perform service/activity in a territorial
administrative unit redraw, apply also to the holder of licenses
issued by A.N.R.S.C. before entering into force of the present
regulation.
(3) Licensing/authorizing documentations registered to

Registration Office of A.N.R.S.C. until 21st Match 2007 and
elaborated according the regulation provisions referring the
licenses and authorizations granting for public services of town
management, their interruption, redraw or amendment conditions,
shall be analyzed and evaluated according criteria provided in
present regulation.
ART. 83
List of tariffs for licenses issuing and maintenance
respectively for licensing documentations analyze is presented in
Appendix No.8. Tariffs provided in Appendix No. 8 shall be yearly
modified upon A.N.R.S.C. president issued mandate, pending of
evolution of consumption price coefficient and shall be published in
the Official Gazette of Romania, Part I.
ART. 84
(1) For modifying the licenses issued by A.N.R.E., A.N.R.S.C.
does not request payment for license issuing.
(2) Solicitors for whom the licenses issued by A.N.R.E. are out
of validity, are obliged to apply to la A.N.R.S.C. for obtaining a
license according to present regulation provisions.
ART. 85
(1) Starting with the second year of validity of the license,
the holder shall pay a maintenance yearly tariff equal to the
license issuing tariff’s value.
(2) Exception from provisions in par. (1) are admitted for

license holders for whom A.N.R.S.C. modified the A.N.R.E. issued
licenses according this regulation provisions, whom shall pay an
yearly maintenance tariff equal to the license issuing tariff’s
value established in Appendix No. 8 starting with the first year of
license validity.
(3) License maintenance yearly tariff is payable, considering

the conditions provided in par. (1), starting on the first day of
the license issuing month. Payment of the maintenance tariff shall
be made in equal quarterly tranches, with payment term on 20th of the
first month from the current trimester for the prior trimester.
26
(4) For modifying the license, respectively the license related
conditions, A.N.R.S.C. does not request payment.
(5) Delay of payments involves penalties similar to those

provided for the general consolidated budget according Government
Ordinance No. 92/2003 referring the Financial Procedure Codex
republished and including last modifications and completions.
(6) The cancellation order of the depts. to the A.N.R.S.C.

budget form the license yearly maintenance tariff and from delaying
penalties is the one provided in the Financial Procedure Codex.
ART. 86
(1) Encashment resulting from appliance of the tariffs provided
in present regulation shall become incomings to A.N.R.S.C. budget
and do not enter in the VAT system appliance.
(2) The tariffs livable to each license holder shall enter in

A.N.R.S.C. bank account.
ART. 87
Licenses are not subject of integral or partial cession. Any
effected cession is attacked by nullity de facto and involves
immediate license redraw.
ART. 88
Changes of the license category may be done only upon written
request and, respectively, a new license issuing according to
present regulation provisions.
ART. 89
License duplicate issuing shall be made upon solicitor request,
after payment of a 10% from tariff price for license issuing.
ART. 90
(1) Appendixes No. 1 to 12 are integrant part of the present
regulation.
(2) Appendixes No. 1 to 12 shall be modified only upon
A.N.R.S.C. president mandate. The A.N.R.S.C. president mandate shall
be published in Official Gazette of Romania, Part I.
27
APPENDIX 1
───────
to regulation
─────────────
PETITION
for license issuing
To
National Regulatory Authority for Municipal Services
The undersigned, ......../(first and last name)...., as….
......./ (manager/managing director)..... of ......./(denomination
of company/town hall) ...... located in country .........., locality
........., st. ....... no. ...., block. ...., entrance. ...., floor.
...., apartment ...., section/district ....., telephone ....., fax
...., identification/unique code/ VAT code/etc ......, account
......., opened at bank ....., branch…. ......, I apply for license
issue, category ...... for ......../(service) ...... respectively
for activity/activities of ………. ....... in following/followings
territorial administrative unit/units ………………........./
(municipality/town/village in the district of)
.....................................
Date ........... First name and last name

Signature and stamp
APPENDIX 2
───────
to regulation
─────────────
PETITION
for license amendment
To
The undersigned , ......../(first and last name)...., as….
......./ (manager/managing director).....of......./(denomination of
company/town hall) ...... located in country.........., locality
...., apartment. ...., section/district ....., telephone ....., fax
...., identification unique code ...., I apply for license
amendment, category ........ no. .... issued on ........... granted
to ....../(name of the license holder) ////.............. .

Signature and stamp
28
APPENDIX 3
───────
to regulation
───────────
PETITION
for license related conditions’ amendment
To
...., identification unique code ......, I apply for the amendment
of the license related conditions’ appendix to license category
...... no. ........ issued on ......... for
.........../(service/activity)...................... as a result of
restraint/expand/extend of service/activity performing/supplying in
following/followings territorial – administrative
unit/units......../........... (municipality/town/village in the
district of) .....................................

Signature and stamp
APPENDIX 4
───────
to regulation
─────────────
PETITION
for license redraw
To

...., identification unique code ......, I apply for the redraw of
license category ....... No. ........ issued on ......... for
.........../(service/activity)......................

Signature and stamp
29
APPENDIX 5
───────
to regulation
─────────────
PETITION
for redraw the permission of performing/supplying service/activity
in a territorial-administrative unit
To

...., identification unique code ......, I apply for the redraw of
the permission of performing/supplying service/activity in the
territorial-administrative unit…………………….

Signature and stamp
APPENDIX 6
───────
to regulation
─────────────
To

...., identification unique code......., account ............ opened
at bank ............, branch ..........., I apply for the amendment
of the A.N.R.E. issued license/licenses
No ............... issued on ........... for .............,
No. ............. issued on ........... for .............,
No. ............. issued on ........... for .............,
No. ............. issued on ........... for .............,
in license category ........, for
...../(service/activity)........ respectively activities
................................................ in
following/followings territorial administrative
unit/units…………../municipality/town/village in the district of)
.....................................
The number of inhabitants for whom the service/activity shall be
provided subject of license is of ...................... .
30
Signature and stamp
APPENDIX 7
───────
to regulation
─────────────
FINANCIAL AND ECONOMIC FIGURES

The financial and economic figures specific to service/activity
for which the license is requested shall be presented separately
from other economical or service activity figures according to table
below.
*T* RON
Pos. Indicator Value
1 Incomings from exploiting Year
n-2 n-1 n*)
2 Result from exploiting profit

loss
3 Depts. current
residual
4 Depts. to consolidated current
state budget residual
5 Book depts. current
residual
*ST*
_________
*) n represents the current year, in case that documentation is
submitted to A.N.R.S.C. in the second semester of the current year,
respectively prior year, in case that documentation is submitted in
the first semester of the current year.
31
32
APPENDIX 8
───────
to regulation
─────────────
TARIFFS
for licenses issuing and maintenance
A.1. The tariffs for license issuing and maintenance, respectively yearly tariffs for license
maintenance, are presented in the table below
RON
───────────────────────────────────────────────────────────────────────────────
Pos.
License
Service/activity ────────────────────────────
categ. 1 categ. 2 categ. 3

───────────────────────────────────────────────────────────────────────────────
1. public service for water supply and sewage
22.500 10.000 1.200
───────────────────────────────────────────────────────────────────────────────
2. public service for water supply
15.000 7.500 1.000
───────────────────────────────────────────────────────────────────────────────
3. crude water caption and treatment
10.000 5.000 700
───────────────────────────────────────────────────────────────────────────────
4. crude water caption
4.000 2.000 700
───────────────────────────────────────────────────────────────────────────────
5. crude water treatment
6.000 3.000 1.000
───────────────────────────────────────────────────────────────────────────────
6. drinking and/or industrial water transport
6.500 3.250 450
33
───────────────────────────────────────────────────────────────────────────────
7. drinking and/or industrial water distribution
6.500 3.250 450
───────────────────────────────────────────────────────────────────────────────
8. sewage public service
9.000 3.000 600
───────────────────────────────────────────────────────────────────────────────
9. collecting and transport of the waste water from
end users to the purification stations
4.500 1.500 300
───────────────────────────────────────────────────────────────────────────────
10. waste water purification and evacuation of the
purified water to the emissary
4.500 1.500 300
───────────────────────────────────────────────────────────────────────────────
11. collecting, evacuating and adequate treatment of waste in the pluvial water outlets
and continuous operating maintenance
1.800 600 300
───────────────────────────────────────────────────────────────────────────────
12. pluvial and river water evacuation from the towns
1.800 600 300
───────────────────────────────────────────────────────────────────────────────
13. evacuation, treatment and deposition of mud and of other similar resulting waste from
the sewage public service activities
1.800 600 300
───────────────────────────────────────────────────────────────────────────────
14. drinking water supply
1.000 700 300
───────────────────────────────────────────────────────────────────────────────
15. The sanitation public service of localities
30.000 15.000 1.500
───────────────────────────────────────────────────────────────────────────────
16. pre collecting, collecting, transport and
20.000 10.000 1.200
34
municipality waste storage
───────────────────────────────────────────────────────────────────────────────
17. creating the home waste stores and their management
10.000 5.000 1.000
───────────────────────────────────────────────────────────────────────────────
18. collecting, transportation and storage of waste materials resulting from
buildings and demolition
3.000 1.000 500
───────────────────────────────────────────────────────────────────────────────
19. organizing treatment, neutralizing and material and energetically of waste materials
6.000 3.000 500
───────────────────────────────────────────────────────────────────────────────
20. sweeping, washing, aspersion, and public roads maintenance
7.000 3.500 500
───────────────────────────────────────────────────────────────────────────────
21. controlled storage of the municipality wastes
5.000 2.500 500
───────────────────────────────────────────────────────────────────────────────
22. snow cleaning and transportation from the public roads and their maintenance
including during frozen and glaze periods
8.000 4.000 600
───────────────────────────────────────────────────────────────────────────────
23. municipal waste selection
8.000 4.000 500
───────────────────────────────────────────────────────────────────────────────
24. debugging, disinfection and deratization
10.000 5.000 800
───────────────────────────────────────────────────────────────────────────────
25. public service for centralized produced thermal power distribution
10.000 5.000 1.000
───────────────────────────────────────────────────────────────────────────────
26. centralized produced thermal power
35
8.800 4.400 880
───────────────────────────────────────────────────────────────────────────────
27. transport, distribution and supply of centralized produced thermal power
6.600 3.300 550
───────────────────────────────────────────────────────────────────────────────
28. local public lighting service
30.000 12.000 2.000
───────────────────────────────────────────────────────────────────────────────
*ST*
A.2. Licensing documentation analyzing tariff is 50 RON.

A.3. License holders ensuring service for less than 5.000 inhabitants shall pay for license issuing a
unique tariff of 300 RON and a yearly maintenance tariff of 100 RON.
36
APPENDIX 9
───────
to regulation
─────────────
CONTROL
of the technical capability of the solicitor
I. License for the activity of pre- collecting, collecting and transport of the municipality waste
shall be granted only if is accomplished condition:
*T*
N x I(m) i=n
──────── Σ a(i) x b(i) x c(i) x d(i) x e(i) + a(j) + b(j) + d(j) x e(j),
p i=1
*ST*
where :
N – number of the locality inhabitants;
I(m) – average coefficient of garbage production to be counted is 0,8 kg/inhabitant/day, if not
otherwise established by direct measurements and statistically registrations;
p – specific weight of garbage is of 350 kg/m3, if not otherwise established by direct measurements
and statistically registrations;
a(i) – number of auto compacting trucks of the same capacity and same compacting level;
b(i) – transport capacity; [m3]
c(i) – compacting level;
d(i) – number of effected road races/shift;
e(i) – number of shifts/day;
i – number of auto compacting trucks;
a(j) – number of auto containers at similar capacity;
b(j) - transport capacity; [m3]
d(j) – number of effected road races/shift;
e(j) - number of shifts/day;
j – number of auto containers.
i = n
i = 1
37
II. License for sweeping, washing, aspersion, and
public roads maintenance is granted only if following cumulative conditions are accomplished:
II. 1. For sweeping activity
*T*
H x N(u) x V x l x 1.000
S(m) ≤ ──────────────────────────[mp]
n
*ST*
where:
S(m) – total surface of streets to be swept; [m]
H – number of working hours of the machine/shift, usually it is considered to be 6.5 hours if not
otherwise results from specific conditions of activity performance;
N(u) – number of machines used for performing the activity;
V – machine speed; [km/h]
l – machine active width; [m]
n – number of courses/shift.
II. 2. For the activity of washing and aspersion public roads
*T*
H x N(u) x V x l x 1.000
S(s) ≤ ───────────────────────────[mp]
n
*ST*
where:
S(s) – total surface of washed and aspersed public roads;
H - number of working hours of the machine/shift, usually it is considered to be 5.5 hours if not
N(u), V and n au have the above significance.
III. License for activity of snow cleaning and transporting from the public roads and they maintenance
during frozen and glazed periods shall be granted only if following cumulative conditions are
38
accomplished:
III. 1. For the activity of snow cleaning
*T*
H x N(c) x V x l x 1.000
S(c) ≤ ───────────────────────────[mp]
n
*ST*
where:
S(c) - total surface of public roads on which snow is cleaned; [mp]
H - number of working hours of the machine/shift, usually it is considered to be 7.5 hours if not
N(c) - number of machines used for performing the activity of snow cleaning;
V - machine speed; [km/h]
l - machine active width; [m]
n - number of courses on the same street/shift.
III. 2. For the activity of snow transportation

*T*
i=n
Σ N(i) x b(i) x d(i) x e(i)
i=1
S(c) ≤ ──────────────────────────────[mp]
2 x h(m)
*ST*
where:
S(c) - total surface of public roads on which snow is cleaned; [mp]
N(i) – number of similar capacity machines used for snow transportation;
h(m) – average multiyear height of the snow bed according the information supplied by the
Meteorological National Administration; [m]
b(i) – transport capacity; [m3]
39
d(i) - number of courses/shift;
e(i) - number of shifts/day.
i = n
i = 1
III. 3. For the activity of road maintenance during frozen and glaze periods.
*T*
H x N(p) x V x l x 1.000
S(p) ≤ ─────────────────────────── [m2],
n
*ST*
where:
S(p) – total road surface for which glaze is prevent; [mp]
H – number of machine active hours/shift usually it is considered to be 5.5 hours if not otherwise
results from specific conditions of activity performance;
N(p) - number of machines used for performing the activity of glaze prevention;
V - machine speed; [km/h]
l - machine active width; [m]
n - number of courses on the same street/shift.
40
APPENDIX 10
────────
to regulation
──────────────
MINIMAL ENDOWMENT
of special trucks an special machineries in order to obtain the licenses for performing municipalities
sanitation public service:
Machines ACTIVITY
needed on Collecting Public roads Snow cleaning Ecological Debugging,
type of and sweeping and and storehouse disinfection,
activity transporting washing transportation administration and
waste deratization
License A B C D E F G H I J K L M N O P R S
type
1st 10 1 4 4 6 4 20 6 10 4 3 2 2 1 12 6 6
category
2nd 5 - 2 3 3 2 10 3 5 2 2 1 1 1 6 3 3
category
3rd 2 - - 1 1 1 2 1 1 1 - - - - 3 1 1
category
Legend:
────────
A = Garbage compacting truck
B = Container truck
C = Special truck for container truck washing
D = Collecting and sweeping truck

E = Aspersion and road washing truck
F = Transporting means (garbage truck, tractors with attachments),
G = Frontal loader
41
H = Plough for snow
I = Anti slipping material spreading vehicle
J = Transport means (dump cars tractors with attachments etc.)
K = Frontal loader
L = Bulldozer
M = Self compacting truck
N = Transport means (garbage truck, tractors with attachments, dump cars)
O = Frontal loader
P = Spreader
R = Atomizer
S = Transport means
*ST*
APPENDIX 11
────────
to regulation
─────────────
MINIMAL TECHNICAL ENDOWMENT

in order to obtain the license for water supply and sewage, thermal power supply, and lighting public
services
*T*
ACTIVITY
Machines
Public
needed for Water supply
Sewage Thermal power supply lighti
service
ng
License type A B C D E F G H I J K L M N O P R S
1st category 3 5 3 3 2 2 - 2 2 3 5 3 3 3 2 3 3 3
2nd category 2 3 2 2 1 2 - 1 1 2 3 2 2 2 1 2 2 2
3rd category 1 2 1 1 - 1 1 - - 1 2 1 1 1 1 1 1 1
42
Legend:
────────
A = Dozer
B = Pump
C = End to end welding device
D = Transport means (dump cars tractors with attachments etc.)
E = Crane track
F = Asphalt cutting machine
G = Scooping truck
H = Special truck for cleaning sewage networks and scooping system
I = Asphalt cutting machine
J = Dozer
K = Pump
L = Transport means (dump cars tractors with attachments etc)
M = Acetylene welding device
N = Arc welding manual device
O = Crane track
P = Asphalt cutting machine
R = Bottom carriage truck PRB
S = Transportation means (passenger vehicle, specialized truck.)
*ST*
43
APPENDIX 12
────────
to regulation
──────────────
[Romanian
Blazon] ROMANIAN GOVERNMENT
NATIONAL REGULATORY AUTHORITY FOR MUNICIPAL SERVICES
═══════════════════════════════════════════════════════════════════════════════
Based on A.N.R.S.C. president mandate No. _____ dated ______,
it is granted:
LICENSE
No. ____ dated ______
CLASS _______
to company __________________________________________________
headquarter in __________________________________________________
for ________________________________________________________
_______________________________________________________________
Present license is valid according related conditions, until _________________ .
PRESIDENT,
44
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HG No 745

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DECISION No.

745 / 11th July 2007

ISSUER: THE GOVERNMENT

Basis on art. 108, in the Constitution of Romania, republished,

The Romanian Government adopts present decision.

The Minister of Economy

Bucureşti, 11 July 2007.

Definitions and abbreviations

(2) The sanitation public service specific activities which for

(3) Public service specific activities for thermal power supply

(4) For public lighting service A.N.R.S.C. issues a single valid

(5) For thermal power supply public service, A.N.R.S.C issues a

(6) A.N.R.S.C. issues separate licenses for activities mentioned

(8)Public sanitation service license is issued only if

(2) Judicial persons registered in other EC member states not

(3) In order to participate to management transfer of public

(4) Judicial persons registered in other EC member states who

(5) Romanian secondary headquarter liquidation, during license

(2) License holders remarking that they need a higher class

(3) When the term stipulated in par (2) is not appointed,

(2) License validity period stipulated in par. (1). point b)

(2) If the license holder wants to request a new license, the

(3) When the term stipulated at par. (2) is not observed

(2) For the judicial persons registered in the EC member states

(2) For the situation provided in par. (1), solicitors may

(3) In case that auction participation license holder does not

(3) For the activities specific to thermal power supply public

(5) For the activities specific to public lighting service,

(6) In case when there are decisions for granting administration

(2) The issued special report shall be submitted to Licensing

(2) Licensing Comity consists of 5 members, a president, a vice

(3) Licensing Comity is assisted by the comity secretary and a

(4) At these meetings can be invited, as advisors, without vote

(5) At these meetings may participate special reports authors as

(7) Invitation and solicitor participation to Licensing Comity

(2) Discrepancies an separate opinions of the participants shall

(2) In case of license redrawing decision, the license holders

(2) Within 30 days since A.N.R.S.C. notification date, about

(3) In case of fail to accomplish the term provided in par. (2),

(4) Licenses become valid starting on the issuing date.

(2) In case of license granting refuse as well as in case o

(2) In case of license refuse solicitor may submit a new

(2) The request for license related conditions amendment,

(3) A.N.R.S.C. decides within 30 days since the registration

(2) Demand of amendment of license related conditions, according

(3) Within 30 days since the written request registration,

The procedure of license interruption and redraw and of the

(3) The operator whose license was interrupted is excepted from

(3) In situation provided by par. (1) point d), the license

(4) The license redraw demand, according form in Appendix 4,

(2) In situation provided in art. 60, if the license redraw was

(2) In case that license holder disrespect the term provided in

(3) In the situation provided in art. 66 point a), the license

(2) In respect to modifications, the license holders shall

(2) For the situations provided in par. (1), A.N.R.S.C. shall

(2) The A.N.R.S.C. president mandates provided in par. (1) shall

(2) Provisions of the present regulation referring to license or

(3) Licensing/authorizing documentations registered to

(2) Exception from provisions in par. (1) are admitted for

(3) License maintenance yearly tariff is payable, considering

(5) Delay of payments involves penalties similar to those

(6) The cancellation order of the depts. to the A.N.R.S.C.