Regarding the contracting method – within the projects with national/international financing - of the experts for which the costs were budgeted on the category of salary expenditures

– fees/incomes assimilated to salaries, we inform you that the National Agency for Public Procurement from Romania (NAPP) issued an official statement in which is specified that “closure of a copyrights transfer agreement by a contracting authority with a private individual is established as an exception of the applicability of legislation regarding public procurement, in line with the provision of art.29, paragraph 1, letter g from the Law no. 98/2016 regarding the public procurement”.

To support the indicated above it shows that the exception from the applicability of the legislation regarding the public procurement – specified in Art. 29, paragraph 1, letter g from the Law 98/2016 (service contracts, labor contracts) – is addressing the situation in which a labor contract is concluded (in line with the Labor Code) with a private individual, that is going to provide a service to the contracting authority , but, according to the Fiscal Code, the provision of services includes also operations that are referring to transfer of the intangible property (among which the transfer of copyrights) while, according to the Law 8/1996, the subject of author’s copyright is defined as a private individual or private individuals that created the work.

Published on 16.10.2018