The
Authority appointed to supervise the electronic archive is the Ministry of
Justice, according to article 3 of the Regulations for the organization and
functioning of the electronic archive for secured transactions, passed by
Government Resolution no. 802/1999. It controls the activity of the Body of
Operators and of the authorized agents, and the functioning of the archive, in
view of ensuring the compliance with the provisions of Title VI of the Law
no.99/1999 and the Regulations.
In this
respect, the Supervising Authority has the following duties:
a) authorizes the operators in view of recording the
certificates of deposit as collateral into the archive;
b) supervises the registration activity carried out by the
operators and their agents ;
c) manages and maintains the safety of the archive by means of
the computer system located at the offices of the Ministry of Justice;
d) may register
certificates of deposit as collateral into the archive in emergency cases, when
the authorized operators are in impossibility to satisfy the applications for
registration and when this situations will lead to more than 3 days delay in
carrying out the registrations;
e) controls the activity of the operators and authorized
agents, as well as the functioning of the archive;
f) may issue decisions for the enforcement of the legal
provisions, having a binding characters upon the operators and their agents;
g) reviews any complaint with regard to the non-compliance, by
the operators, archive managers or their representatives, of the legal
provisions, and takes the necessary measures for the correction of such
situations;
h) supervises the activity of the operators and their agents,
in conformity with the rules on fair competition, notifying the Competition Authority when it
has enough evidence thereon;
i) cooperates with the operators
and their agents, respectively the Body of Operators, in view of improving the
archive’s performance and technical capacities, of its administration and
operation;
j) ensures direct and free of charge access of people to the
reading and copying of the information registered into the archive;
k) finds, by its specialized bodies, the perpetration of the
offences specified by the applicable laws, and enforces the appropriate
penalties;
In
case the operators or their authorized agents repeatedly break the legal
provisions or the decisions of the Supervising Authority, it may suspend or
forfeit the right of the operator/agent to operate the archive.
In
addition, the Supervising Authority has the power to request the operator to
submit documents or information, which the latter has the obligation to provide
within the terms set, under the penalty of the temporary banning of the
operator’s right to perform registrations into the archive, and of arresting
all the operator’s documents, in case it finds serious and repeated breaches of
law.
