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The Embassy of China, reaction after the promulgation of Law 5G

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The Embassy of China reacted after the promulgation of the Law regarding the implementation of the 5G technology, warning that, in case the Chinese companies are excluded, the interests of the Romanian people and the cooperation between China and Romania both economic and commercial will suffer a lot. According to the diplomatic representative, deviation from the norms of industry and technical standards to judge cyber security is against the scientific spirit and it is a negation of the principles of market economy and loyal competition, its essence being the abuse of the concept of ‘ national security’ with a view to excluding certain countries and companies which represents a typical act of discrimination and political suppression.

 

 ‘The Chinese telecommunication companies have a good history of safety and have worked in Romania for a long time observing the law, they have contributed remarkably to the improvement of the communications industry, to economic development and the employment of the workforce and the welfare of the people. We are confident that if Romania keeps a friendly market environment, the investments of the Chinese companies in Romania will be extended and will bring several benefits to the Romanian citizens; in case the Chinese companies are excluded, the interests of the Romanian people and the cooperation between China and Romania both economic and commercial will be substantially affected’ the Embassy of China to Bucharest said.(http://www.chinaembassy.org.ro/rom/sgzcnew/sghdnew/t1883319.html)

 

China respects Romania’s right to make laws in the domain of cyber security, as the 5G legislation determines the possibility for the Chinese companies to enjoy or not a fair, open and transparent business environment, we are extremely preoccupied by this law, the embassy says.

 

According to the same source, the security of the 5G network is a general concern of the international community. The spiritual essence of the rule of law is equity and justice, say the representatives of the embassy.

 

 ‘Obviously, the discriminatory laws will not affect the development of the respective industries in the country under discussion, they will also affect the interests of the consumers, as well seriously undermine the business environment oriented to the free market, the observance of the rule of law in the respective country, they will reduce the appeal for foreign investment and the multinational companies will provoke a seriously negative impact on the image and the interests of the respective country’ the Embassy of China says.

 

 ‘The Chinese telecommunication companies have a good history of safety and have worked in Romania for a long time observing the law, they have contributed remarkably to the improvement of the communications industry, to economic development and the employment of the workforce and the welfare of the people’the Embassy says.

 

 ‘China and Romania have enjoyed traditional friendship and the achievement of cooperation gathered since the starting point of the diplomatic relations, of over seventy years, has not come easy. The bilateral cooperation on the basis of mutual respect, the mutual benefit and the common gain corresponding to the common interests of both countries. By adopting a long term perspective, we should promote the continuous development of the partnership of friendship and cooperation between the two countries found in this new situation. We appeal to the Romanian party to support the rule of law, to treat the Chinese companies in a fair way, non-discriminatory one and to include concrete actions to keep the general interests of the bilateral pragmatic cooperation. The Chinese government will   continue to protect the rights and legitime interests of the Chinese companies’ the representatives of the embassy conclude.

 

President Klaus Iohannis promulgated on Friday the Law regarding the adoption of measures referring to the informatics and communications infrastructure of national interest and the conditions for the implementation of the 5G networks.

 

The Senate adopted, as decision, on Monday the draft law which regulates the 

implementation of the 5G networks. There were 117 votes’ in favour’ , 13 ‘ against’ and one abstention.

 

The law says that the communications providers will be able to use for the 5G networks only technologies, equipment and software programmes from producers previously authorized through decision of the prime-minister, on the basis of the CSAT agreement. The senators extended from five years to seven years the period during which the technologies, equipments and software programmes which were not authorized according to the new law with the exception of certain parts.

 

The law gives the last decision to the Supreme Council for Defence of the Country (CSAT) as regards  the autorisation of the projects and excludes practically the Chinese company Huawei from the operations of making the equipments.

 

In order to be able to take part in the construction of the 5G telecommunications network in Romania, a company must meet several conditions: a) not to be under the control of a foreign government, with the lack of an independent judicial system; b) to have a transparent structure of the shareholders;c) to have no history of non-ethical conduct; d) to obey a judicial system which imposes transparent corporatist practices.

The Chinese company Huawei was, unfortunately, subject to sanctions on the part of the US for non-ethical corporatist conduct and is under the jurisdiction of China which does not impose transparent corporatist practices.

 

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