In the Official Gazette with number 251 of 27 March 2023 was published the MADR Order no.278 of 21 February 2023 for the modification of the Annex no.2 to the Order of the Deputy Prime Minister, M.A.D.R., of the Deputy Prime Minister, M.D.R.A.P., of the Minister of A.N. and of the Deputy Prime Minister, M.C., no. 719/740/M.57/2.333/2014 on the approval of the methodological norms for the application of Title I of the Law no.17 /2014 on some measures regulating the sale of agricultural land located in the countryside and amending Law No. 268/2001 on the privatization of companies holding in administration public and private land owned by the State for agricultural use and the establishment of the State Property Agency.
Annex No 2 to Order No 719/740/M.57 of the Deputy Prime Minister, Minister for Agriculture and Rural Development, the Deputy Prime Minister, Minister for Regional Development and Public Administration, the Minister for National Defence and the Deputy Prime Minister, Minister for Culture. /2.333/2014 on the approval of the methodological rules for the application of Title I of Law No. 17/2014 on some measures regulating the sale of agricultural land located in the countryside and amending Law No. 268/2001 on the privatization of companies holding in administration public and private land owned by the State for agricultural use and the establishment of the State Property Agency, published in the Official Gazette of Romania, Part I, No. 401 of 30 May 2014, with subsequent amendments and additions, is amended as follows:
The specific opinion of the Ministry of National Defence shall be issued by the Defence Staff, exclusively in the case of alienation by sale of agricultural land located in the extravilan, based on the request made by the seller thereof, according to the model of specific opinion, favourable or negative, provided in Annexes 2A and 2B.
The specific opinion is issued after consultation by the Ministry of National Defence, through the Defence Staff, with its own structures, as well as with the internal specialised structures of the Ministry of Internal Affairs, the Ministry of Justice, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Security Service.
The procedure for consultation by the Ministry of National Defence of the internal specialised structures of the Ministry of Internal Affairs, the Ministry of Justice, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Security Service and the Special Telecommunications Service, as well as the deadlines or other elements related to the issuance of the specific opinion shall be established by joint protocol.
The seller’s request for the issuance of the specific notice must be accompanied by the following documents:
a) an application containing the applicant’s identification data, the mailing address and the identification data of the potential buyer; the model application is provided in Annex 2C – for the natural person seller, respectively in Annex 2D – for the legal person seller;
b) the document of ownership of the land that is the object of the sale offer (as the case may be: sale-purchase contract, donation contract, handing over-receipt protocol, final and irrevocable civil judgment/decision, title deed, certificates of heirship, exchange contract, act of liquidation of patrimony, etc.), in a copy certified by the notary public or the court, as the case may be, or certified for conformity by the city officials;
c) original extract from the land register and the location and delimitation plan of the property, in the national projection system “Stereographic 1970”;
d) the inventory of coordinates, in copy, if it is not included in the plan of location and delimitation of the building, in the national projection system “Stereographic 1970”;
e) the opinion provided for in Article 9 paragraph (2) of Law No 17/2014 on some measures regulating the sale of agricultural land located in the countryside and amending Law No 268/2001 on the privatization of companies holding in administration public and private land owned by the State for agricultural use and the establishment of the State Property Agency, with subsequent amendments and additions, hereinafter referred to as the Law;
f) the sale offer, in copy;
g) in case of representation, the notarial power of attorney, respectively the delegation, the decision of the general meeting of the associates, the decision of the sole associate, the decision of the representative of the associative form, as the case may be, in original, as well as a copy of the ID/CI of the authorized natural person or a copy of the passport for the authorized natural person residing abroad;
h) the certificate from the trade register or the act on the basis of which it carries out its activity, in the case of the legal entity seller, in copy;
i) the resolution of the general meeting of shareholders, the decision of the sole shareholder, the decision of the representative of the association form, as the case may be, in copy, from which the agreement on the sale of the property owned by the company is obtained, in case of the legal entity seller;
j) other documents that the seller considers relevant.