Considering the present situation and the needs identified in the field of tourism, this Law Project aims to regulate the issues regarding tourism, as follows:
– to define the specific responsibilities of central government authority for tourism, and to extend and clarify the responsibilities of local councils, in terms of tourism;
– to establish specific duties and responsibilities in charge of central and local authorities of public administration in tourism, in view of an integrated and holistic policy approach to the tourism sector;
– to ensure the legal framework for strengthening the communication and collaboration between the public and private sectors, to achieve a uniform and effective representation of the private sector;
– to establish responsibilities to operators of private or commercial sector, in order to ensure the sustainable management of tourism resources and products, as well as to ensure the provision of travel services to a quantitative, qualitative and safety standard;
– to impose liabilities and sanctions for all participants in activities in the field of tourism.
The Law Project establishes a classification of the tourism forms depending on the place of origin, method of trading of the holidays, tourist mobility, means of transport used, socio – cultural characteristics, content etc.
There are also regulated the duties and obligations of central and local public administration authorities responsible in the field of tourism, the Tourism National Council, and also establishing a new body under the Ministry of Resort respectively the Interministry Committee for Tourism, and also the features and content of tourism heritage, which includes: tourist resorts and parks. Not in the latest row, are set the provisions on ways to support and promote tourism activities, rights and obligations of participants in the tourism activities, and responsibilities and the penalties for violating the law.
Also, according to the Project Law are considered crimes and are punishable by imprisonment from 3 months to 3 years or a fine from 10,000 RON to 50,000 RON, the following acts:
a) execution in tourist areas without building permit or demolishing, or without complying with its provisions, of other construction or equipment than those allowed under the law;
b) continuing to execute the works after the interruption of the works by competent control bodies under the law.
In the category of offenses are included:
a) offering, marketing, selling of services and / or the travel packages by individuals or legal entities not authorized by the Authority
b) submission of false information in promotional materials, in offers, on the websites and signboards of tourist and travel agencies;
c) sale of travel services by travel agents who have not signed insurance contracts for repatriation of tourists and / or reimbursement of the amounts paid by them in the event of insolvency or bankruptcy;
d) development of tourism activities on the beach without having an authorization;
e) failure to fulfill the obligation regarding the free access and free movement of persons in the beach area;
The sanctions for the above – mentioned acts, is a fine of 10,000 RON to 50,000 RON;
f) Violation of the provisions regarding the daily maintenance and cleaning of the surface of rented beach;
g) Violation of the provisions regarding the maintaining the good condition of the beach endowments, including those recreational;
h) failure to ensure the sanitary conditions and environmental protection in bathing areas on the beach;
i) failure to arrange the beaches with tourist destination at the beginning of the summer tourist season;
j) failure to ensure the sewerage and water supply to the area bordering the beach;
k) failure to hold and ensure public service or aquatic rescue and first aid stations;
The sanctions for the above – mentioned acts is a fine of 10,000 lei to 30,000 lei;
l) enabling camping on the beach with tourist destination;
m) vehicle traffic or standing on the beach, except those that ensure timely interventions and machinery of beaches maintenance;
n) enabling the realization of peddling activities on the beach;
o) access on the beach with animals, except dogs from the endowment of the Ministry of Internal Affairs and working dog of persons with disabilities;
p) failure on removing of dangerous objects submerged on the beach and in the bathing area;
q) failure to put the instructions for use of the beach area and bathing water.
The sanctions for the above – mentioned acts is fine from RON 5,000 to RON 10,000;