President Klauss Iohannis asks the Parliament for the reexamination of ports law that changes the provisions on ports’ administration and the manner in which the concessions are closed, saying that the measures are unclear and non-constitutional and they are an advantage for the ports’ operators, while hitting the ports’ administrators.
The law was previously declared non-constitutional and re-voted within the Parliament. The law for the change and completion of the Government Ordinance no 22/1999 regards the administration bill, the concession and the subconcession and the juridical form of rental/subconcession contracts for the areas where are placed over-structure ports, legally used by the economic operators.
At the same time, it includes the creation of the Surveillance Council from the seaport industry through this law, within the Competition Council, as an entity without legal capacity, formed of five members appointed and revoked via an order of the Competition Council president.
The law was adopted by the Parliament and it was challenged at the Constitutional Court by the former government led by Dacian Ciolos. The Parliament passed the bill once again with small changes that are now criticized by Iohannis, according to News.ro.
Iohannis says that the Surveillance Council from marine field needs to be regulated through primary norms, clear and predictable of a transparent procedure of selection of the members, of some conditions that they have to fulfill, some rules regarding the mandate end and the revoking from position or position vacancy, as well as the functioning rules of the Surveillance Council from the seaport industry.
He also believes that there is no coordination between the attributions regulated for the Competition Council, as autonomous administrative authority in competition field according to the law no.21/1996 and the Surveillance Council from the seaport industry, as entity without legal capacity.
Fondul Proprietatea, the closed-end fund managed by Franklin Templeton, had asked president Iohannis to reject the current version of the draft bill, claiming that the “losses incurred by capping rents at a ridiculously low level, established in relation to the tariffs currently paid by the top five port operators, would amount to EUR 26 million over the next decade”.