Law No. 17 Of August 7, 1990 On The Legal Regime Of Inland Maritime Waters, The Territorial Sea And The Contiguous Zone Of Romania

Original Language Title:  LEGEA nr. 17 din 7 august 1990 privind regimul juridic al apelor maritime interioare, al marii teritoriale şi al zonei contigue ale României

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070043/-legea-nr.-17-din-7-august-1990-privind-regimul-juridic-al-apelor-maritime-interioare%252c-al-marii-teritoriale-i-al-zonei-contigue-ale-romniei.html

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Law No. 17 of august 7, 1990 (republished) concerning the legal regime of the inland maritime waters, territorial sea, contiguous zone and the exclusive economic zones of Romania) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 252 of 8 April 2014-note *) Republished pursuant to art. 107 para. (3) of law No. 255/2013 for the implementation of law No. 135/2010 regarding the criminal procedure code and the modification and completion of some legislative acts containing the provisions of the criminal procedure law, published in Official Gazette of Romania, part I, no. 515 of 14 august 2013, posing a new texts.

Law No. 17/1990 was republished in the Official Gazette of Romania, part I, no. 765 on October 21, 2002 and subsequently amended and supplemented by:-Government Emergency Ordinance nr. 130/2007 modifying and completing law No. 17/1990 on the legal regime of maritime waters, territorial sea, contiguous zone and the exclusive economic zones of Romania, published in the Official Gazette of Romania, part I, no. 780 from November 16, 2007, approved by law No. 102/2008, published in the Official Gazette of Romania, part I, no. 371 of 15 May 2008;
-Government Emergency Ordinance nr. 51/2011 for the modification and completion of the law #. 17/1990 on the legal regime of maritime waters, territorial sea, contiguous zone and the exclusive economic zones of Romania, published in the Official Gazette of Romania, part I, no. 411 of 10 June 2011, approved by law No. 239, published in the Official Gazette of Romania, part I, no. 864 of 8 December 2011;
-Law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments.


Chapter I the territorial sea and inland waters of Romania Article 1 this law regulates the legal status of the inland maritime waters, territorial sea, contiguous zone and the exclusive economic zone in accordance with the provisions of the United Nations Convention on the law of the sea ratified by Romania by law No. 110/1996.


Article 2 (1) Romania's territorial Sea comprises the sea adjacent to the shoreline of the time, where appropriate, of the sea, given the breadth of 12 nautical miles (22,224 m), measured from the baselines.
  

(2) the lines are lines of reflux along the shoreline or, where appropriate, straight lines joining the points most of the shoreline, including the shoreline from the wide of the Islands, the mooring places, hydrotechnical planning and other port facilities.
  

(3) geographic coordinates of the points between which are drawn straight baselines are defined in the annex which forms an integral part of this law. In the case of developments likely to influence the objective points between which are drawn straight baselines, the coordinates of the points are laid down by the new decision made by the Government.
  

(4) the outer limit of the territorial sea is the line which takes each point located at a distance of 12 nautical miles, measured from the nearest point of the baselines.
  


Article 3 the territorial sea to Romania's territorial sea delineated to neighbouring States through agreements with each of those States, in accordance with the principles and norms of international law.


Article 4 the outer limits of the territorial sea and established in accordance with the provisions of art. 2 and 3, shall constitute the State border of Romania.


Article 5 Areas of water lying between the sea and the baselines established in art. 2 inland maritime waters constitute.


Article 6 (1) inland waters, territorial sea, soil and soil, as well as the airspace above them are part of the territory of Romania.
  

(2) In these spaces Romania exercises sovereignty in accordance with its national law with the provisions of international conventions to which it is party and taking account of the principles and norms of international law.
  


Chapter II the area contiguous to Romania Article 7 contiguous Area of Romania is the large adjacent territorial sea stretching towards the sea up to the distance of 24 nautical miles, measured from the baselines established in art. 2. Article 8 in its contiguous, controlling Romania for the prevention and suppression of violations, within its territory, of its laws and regulations in the field of customs, fiscal, health and crossing the State.


Chapter III of the exclusive economic zone in the Black Sea in article 9 (1) Romania's exclusive economic zone is established in the marine space of the Romanian Black Sea coast, located beyond the limits of the territorial sea and the adjacent waters, in which Romania exercises sovereign rights and jurisdiction over the natural resources of the seabed, its subsoil and the overlying water column and in terms of the various activities related to the exploration, exploitation, protection, preservation and management of their environment.
  

(2) The specific conditions determined by the dimensions of the Black Sea, the extent of the exclusive economic zones of Romania is determined through demarcation on the basis of the agreement concluded with neighbouring States whose shores are adjacent to or located face to face with the Romanian Black Sea coast, bearing in mind that the maximum width of the exclusive economic zone in accordance with the provisions of the United Nations Convention on the law of the sea , ratified by Romania by law No. 110/1996, can be 200 nautical miles measured from the baselines. 2. (3) Delimitation shall be in accordance with generally recognized principles of international law and in compliance with the Romanian legislation, applying, depending on the specific circumstances of each sector of the enclave, the principles and criteria generally recognized dividing, so as to reach a fair solution.
  


Article 10 (1) in the exclusive economic zone of Romania exercised sovereign rights): exploration and exploitation, protection, conservation and management of all natural resources, biological and/or biological and other resources that lie on the seabed, in the basement of the water column in the airspace above it;
  

b) sovereign rights with respect to other activities related to the exploration and exploitation of the area for economic purposes, such as producing energy by means of water, currents and winds;
  

c) exclusive rights regarding the location and use of artificial islands, installations and works intended for scientific research, exploration and exploitation of the natural resources in this area and other economic purposes;
  

d) jurisdiction relating to:-the location and use of artificial islands, installations and works;
-marine scientific research;
-the protection and conservation of the marine environment and marine fauna;

e) other rights provided for in this Act or other legislation of Romania and the generally recognized rules of international law.
  

(2) the sovereign rights and jurisdiction provided for in paragraph 1. (1) shall be in accordance with the laws of Romania.
  


Article 11 Romania can cooperate in its exclusive economic zone, through its competent organs, with the other States bordering the Black Sea, to ensure the conservation, exploration and rational exploitation of biological resources, the protection and defence of the marine environment, particularly in the sectors directly adjacent to this area, taking into account the specific characteristics of the Black Sea as the close-mid and high biological potential.


Article 12 (1) in the exclusive economic zone of Romania all riparian States, whether or not the coast, enjoy, in accordance with generally recognized rules of international law, the freedoms of navigation, survol and installing cables and pipes, as well as freedom to use lawful purposes sea internationally, relating to the exercise of these freedoms, in compliance with the terms and conditions the provisions of this law and other normative acts of Romania.
  

(2) on the route the cables and pipes mounted in high security areas shall be established and, stretching up to 1,000 meters from each other.
  


Article 13 (1) Romania has priority interests in relation to the stocks of fish that reproduce anadromi in its waters and has the main responsibility for these species, and consequently the rights concerning them.
  

(2) the competent organs of the Romanian shall take steps to ensure the conservation of stocks of these fish species through appropriate actions and anadromi setting rules for the regulation of their fisheries, including the development of the total authorized catch, and shall cooperate to that end with other interested States, where species migrate beyond the limits of the exclusive economic zone.
  


Article 14 (1) Romania ensures optimal use of fishery resources and other biological resources, through technical measures or other measures to be taken concerning their conservation and management in all waters within the outer boundaries of its exclusive economic zone, with consideration of the most reliable scientific data, and in cases where they deem it necessary in collaboration with international organizations having competence in this area and to which Romania is or is not a member.
  


(2) to that end the competent authorities shall determine annually the total Romanian authorized catches for each species of fish and other biological resources, adopt technical measures and other measures in order to ensure a rational fishing and conservation, protection and regeneration of biological resources, ensuring legal compliance in matters relating to satellite monitoring of fishing vessels, including inspection, detention, seizure and prosecution of fishing vessels which violate the sovereign rights of the Romanian State.
  

(3) the stocks of fish that reproduce in anadromi watercourses in Romania cannot be fished only in waters within its exclusive economic zone boundaries.
  

(4) as regards compliance with the rules relating to fish stocks what live close to or cross the waters located in the exclusive economic zones of other States in international waters migrate times, cooperation of Romania will be ensured through specific arrangements, for the conservation and management of those stocks, and taking into account, as appropriate, of its interests and responsibilities.
  


Article 15 (1) the Romanian competent bodies may grant access to fishing vessels of other States in the exclusive economic zone of Romania, on the basis of agreements on terms of reciprocity, in compliance with laws and regulations, as well as the generally recognized rules of international law, for purposes of exploitation of any surplus of the authorised total volume of catches.
  

(2) the participating States, by agreement with Romania, measures aimed at the renewal of fish stocks and restore anadromi fishery resources and other biological resources from its exclusive economic zone, primarily through the financing of such measures, shall be taken into account as a priority the implementation of paragraph 1. (1) article 16 (1) In its economic zone, Romania has exclusive jurisdiction over the artificial islands, installations and work, including the right to exercise control to prevent criminal offences and other violations of its laws and regulations relating to customs, fiscal, health and immigration, as well as in connection with security-related laws and regulations.
  

(2) artificial islands around the plant and work in Romania's exclusive economic zone to be established in areas of safety and protection that stretch up to 500 metres at every point of their boundaries, except where otherwise specified by international standards generally recognized. The Romanian competent organs shall establish in these areas and establish appropriate measures for ensuring the security and protection of both navigation and artificial islands, installations and work.
  

(3) Organizations, companies, individuals and legal entities, Romanian and foreign, which have the right to install, maintain and exploit artificial islands, installations and works mentioned above, are required to ensure and maintain the operational means permanent warning over their existence.
  

(4) installation of artificial islands, installations and works around their imposition of security and protection, as well as full or partial dismantling of these facilities and works shall be communicated through the opinions issued by the Romanian authorities navigators, together with all the details necessary for their identification.
  


Chapter IV Passing through the territorial sea safe Section of the Rules applicable to foreign vessels in article 17 (1) innocent Passage of foreign ships through the territorial sea of Romania shall be effected under the conditions laid down by this law and other regulations in force, in compliance with the norms of international law.
  

(2) by passing it understands to navigate in the territorial sea for the purpose of: a) to cross without going into inland waters or to anchor in a roadstead or call in a facility located outside the inland maritime waters;
  

b) to enter the inner sea and anchor in a roadstead or to make stopover in one facility or to leave.
  

(3) the passage shall be continuous and expeditious. Vessels will follow roads, passing şenalele and recommended to be defined by the maps maritime and shipping documents.
  

(4) during transition do not allow safe stopping or anchoring, unless they are necessitated by the needs of navigation or as a result of an event of force majeure times, to rescue people or to help ships and aircraft in distress.
  


Article 18 (1) a ship Passing through the territorial sea foreign is harmless as long as it does not affect peace, public order or national security.
  

(2) it is considered that passage affect peace, public order or national security if such ship carries, in the territorial sea or in inland maritime waters, one of the following activities: a) the threat of force or use of force against the sovereignty, territorial integrity or political independence of Romania or in any other manner contrary to the principles of international law;
  

b) manoeuvres or exercises with weapons of any kind;
  

c) intelligence-gathering at the expense of defence or national security;
  

d) propaganda detrimental to the interests of national defence or security;
  

e) taking off from the ship, apuntarea or embarking on ships of any kind of aircraft;
  

f) launch, disembarking or boarding by military, technical divers, submarines or other submersible vehicles, amphibious and any other facilities able to run water or underwater research;
  

g) boarding or disembarking, narcotic drugs and psychotropic substances, money funds or individuals, contrary to the laws and regulations in force, including customs, fiscal, immigration or sanitary facilities;
  

h) deliberate and serious pollution of all kinds, water and marine environment, airspace above water or deliberate and serious impairment of marine ecosystems;
  

I) any fishing or other activity of illegal mining exploration times natural and biological resources;
  

j) any scientific research, archaeological or hydrological;
  

k) any activity that is carried out in violation of international regulations in the field of radiocommunications or which may disturb the operation of communications systems or other equipment or facilities;
  

it) any other activity not directly connected with or taking place in contravention of the conditions provided for in this law.
  


Article 19 In the territorial sea, inland sea and in ports of Romania shall be denied access to any ship carrying nuclear weapons, chemical or other weapons of mass destruction, or carrying weapons or ammunition for such as these, and any other goods or products prohibited by the laws of Romania.


Article 20 foreign Ships with nuclear propulsion may get laughs or in ports only with prior approval of the competent organs of Romanian will be requested at least 30 days before the date of entry.


Article 21 (1) Foreign Ships with nuclear propulsion and ships carrying radioactive substances or other dangerous substances are required, when they are passing through the territorial sea, to take upon them the documents specified by international agreements for these vessels and cargo that transports and take special precautions set out measures for these agreements.
  

(2) foreign Vessels carrying radioactive substances or other substances which are harmful or hazardous waste times can pass through the territorial sea only with the approval of the Romanian competent bodies. Approval must be requested at least 30 days before the estimated date of entry into the territorial sea.
  

(3) during the passage of the ships safe referred to in paragraph 1. (2) stopping or anchoring is not permitted, except in cases provided for in article 10. 17. (4) Foreign Ships with nuclear propulsion or carrying radioactive substances or other substances or dangerous or harmful waste will only use inland waterways designated by the competent Romanian authority and must comply with the traffic separation devices prescribed.
  


Article 22 (1) documentary of nuclear-powered ships and ships carrying radioactive substances or other dangerous substances, approved dosimetric control and other controls related to the protection of the environment carried out by the Romanian organs competent in places determined by them. During the stay in port or ships in the laughs can be carried out further checks.
  

(2) If the check shows that this presence of a vessel can lead to dangerous consequences, the Romanian competent bodies may also provide that, within a period to be determined, the vessel to leave the territorial sea.
  


Article 23 foreign-owned Ships through the territorial sea or stationed in the ports do not laugh at times will use the means of radio navigation equipment radio and hidroacustică, electronic and optical observation than for the safety of navigation and the stationing of the anchor, as well as to communicate with port authorities and achieve radio traffic in clear or using codes Romanian stations on land, according to the rules and procedures laid down in the Regulation that the radio is annex the International Telecommunication Convention.


Article 24


The Romanian competent bodies shall take the measures necessary to prevent any breach of the conditions laid down by the regulations in force concerning acceptance of foreign ships in inland maritime waters or at port reception facilities and will use any legal means, including coercive measures to prevent passage of any foreign ships via inland maritime waters or territorial sea, though this is not harmless.


Article 25 (1) the competent Romanian can suspend temporarily in specified areas of territorial sea, innocent passage of foreign ships, whenever the suspension is required by the country's security or is necessary in order to be able to perform military exercises.
  

(2) the suspension of the measures referred to in paragraph harmless passage. (1) shall be published in the "notices to seafarers ' issued by the Romanian organs competent.
  


Section B rules applicable to foreign vessels used for commercial purposes in article 26 (1) the Criminal Jurisdiction of Romania shall apply in respect of any offence committed in the territory of the persons on board foreign vessels used for commercial purposes, as well as in respect of any offence committed on board a vessel, also when it is in Romanian ports or in inland maritime waters.
  

(2) the Criminal Jurisdiction of Romania will not exercise aboard a foreign vessel used for commercial purposes, passing through the territorial sea, in respect of an offence committed on board thereof, except when: a) the offence was committed by a Romanian citizen or a stateless person who has his domicile in the territory of Romania;
  

(b) the offence is directed against the) interests of Romania or against a Romanian citizen or a person residing in the territory of Romania;
  

c) the offence is liable to troubled public order and tranquillity in the country or in the territorial sea;
  

d) exercise the jurisdiction it is necessary to suppress the Romanian illicit traffic in narcotic drugs or psychotropic substances;
  

e) Romanian authorities assistance has been requested in writing by the master or by a diplomatic agent or consular officer of the flag ship.
  


Article 27 the Romanian Criminal Jurisdiction also apply in case of breach of the provisions of this law concerning the exclusive economic zone of Romania by persons on board foreign vessels used for commercial purposes, if the acts are committed in such circumstances that, according to the criminal law, are considered felonies.


Article 28 Criminal Jurisdiction on board a vessel flying the flag of a country with which Romania has concluded a Convention on consular or another similar agreement shall be exercised with due regard for the provisions thereof.


Article 29 (1) in the exercise of the jurisdiction of the Romanian competent bodies of Romania shall be able to dispose, in accordance with the laws in force, detention or seizure of a foreign vessel used for commercial purposes and will be able to take measures of enforcement against such vessel found in the territorial sea, inland sea or the contiguous zone of Romania, for ensuring the execution of obligations or other obligations undertaken by the vessel in the course of or in connection with its passage through the territorial sea or inland maritime waters of Romania, as well as for other claims resulting from events of navigation as a result of damage of the vessel or the cargo, or resulting from, or save abordaje, as well as for damages, fees and the like.
  

(2) in case of violation of the State's sovereign rights of exploration, exploitation, protection, conservation and management of the environment and biological resources of the exclusive economic zone, the Romanian authorities will be able to take the necessary measures, in accordance with the laws in force and with the international conventions to which Romania is a party, including inspecting or detaining a foreign vessel used for commercial purposes. The ship is detained and his crew will be issued immediately after submission of a security or other appropriate guarantees.
  


Section C rules applicable to foreign military ships, submarines and other submersible vehicles, as well as other Government ships used for government services, Article 30 (1) foreign military Ships, submarines and other submersibles, as well as vehicles and foreign flagged ships used for government services may enter into the territorial sea and ports, the laughs only with the prior approval of the Romanian Government, excepting emergency cases or are sheltering from the storm.
  

(2) Approval is requested at least 30 days before the date on which would take place the passage through the territorial sea or visiting ports or radelor, unless between Romania and the flag State have agreed otherwise.
  


Article 31 U-boats and other vehicles passing through foreign submersible territorial sea are required to navigate on the surface and to fly the national flag. Those who are in immersion will be constrained to emerge to the surface. If, due to an emergency cannot leave the area, they are obliged to indicate, by all means, about the situation in which they are located.


Article 32 If a foreign military vessel violates the laws and regulations in inland maritime waters or in the territorial sea and disregard the warning that has been given to comply with them, will be summoned immediately to leave the territorial sea.


Article 33 liability for any injury or damage caused by a foreign military ship times of any other vessel used for State Government services or non-commercial purposes, as well as by persons who are part of the crew of these vessels, the time when the vessel was in port in interior waters, in the territorial sea and the exclusive economic zone of Romania Returns the State whose flag the vessel is flying.


Article 34 subject to the exceptions provided for in section A and the conditions art. 30-33, foreign military ships and other vessels used for foreign State Government services shall enjoy immunity from jurisdiction while is located in ports in maritime waters and territorial sea of Romania.


Chapter V the right tracking outside the territorial sea of article 35 (1) a foreign vessel used for commercial purposes may be pursued outside the territorial sea of Romania and may be withheld to be held liable, if there are reasonable grounds to believe that the ship has violated the Romanian laws and regulations while he was in the inland maritime waters in the territorial sea, the contiguous zone or in the exclusive economic zone.
  

(2) Tracking can begin when a foreign ship or one of its craft is found in interior waters, in the territorial sea or the contiguous zone of Romania and it may not be continued beyond the limits of the territorial sea or the contiguous zone, than provided may not be interrupted.
  

(3) when the ship begins Tracking foreign fails to comply with a stop signal and can continue, without interruption, until the entry of the ship being tracked in the territorial sea of its own State or another State.
  

(4) the vessel under this article retained can be driven up to the nearest port, for the research and the application of sanctions.
  

(5) where a ship has been detained outside the territorial sea, in circumstances which do not justify the exercise of the right of prosecution, she will be compensated for any loss or damage suffered as a result of this action.
  

(6) the right tracking cannot be exercised than ships and aircraft of the Ministry of national defense and the Ministry of Internal Affairs, approved for the purpose.
  


Article 36 (1) the right provided for in article 10. 35 shall also apply in case of breach by a foreign ship, used for commercial purposes, of the Romanian legislation with regard to Romania's exclusive economic zone in the Black Sea.
  

(2) In this case, the tracking can begin only when a foreign ship or one of its craft is found in interior waters, in the territorial sea or exclusive economic zone.
  


Chapter VI scientific research in the territorial sea and the exclusive economic zone of Romania Article 37 scientific research, as well as the prospecting and development of navigation in territorial sea of Romania shall be performed by the Romanian institutions, on the basis of the approved programs and projects and with the opinion of the Romanian competent bodies.


Article 38 foreign natural persons or legal entities may participate in scientific research in the territorial sea of Romania only with express authorization of bodies, according to the legislation in force and to the specific conditions laid down by them.


Article 39 (1) marine scientific research in the exclusive economic zone of Romania shall be carried out only with the authorization of the competent Romanian bodies in accordance with the legislation of Romania, taking into account the international conventions to which Romania is a party.
  


(2) scientific research in the exclusive economic zone of Romania, conducted exclusively for peaceful purposes and for the broadening and deepening of scientific knowledge in the field, for the benefit of all mankind, and may be made by States or international organizations, as well as by natural or legal persons, but only with the prior consent of the competent authorities. The latter have the right to refuse, in the discretion of the project, a marine scientific research in the exclusive economic zone of Romania in the following cases: a) if the project has a direct impact on exploration and exploitation of natural resources, biological or non-biological;
  

b) if the project foresees forări seabed, the use of explosives or the introduction of harmful substances into the marine environment;
  

c) if the project construction, operation or use of artificial islands, installations and activities laid down in article 21. 16;
  

d) if the data and information on the nature and objectives of the project are inaccurate or if the beneficiary does not fold was acquitted of obligations contracted by a previous research project, towards the Romanian State;
  

e) if there is reasonable grounds or clues that lead to the conclusion that the project may adversely affect the sovereign rights and jurisdiction over its Romanian exclusive economic zone provided for in this law and provisions of international law.
  


Article 40 foreign States, international organizations with competence in this area, as well as foreign legal and natural persons that intend to undertake marine scientific research in the exclusive economic zone of Romania are obliged to provide the competent authorities, with at least six months before the proposed date for starting the project of marine scientific research, all the information requested.


Article 41 in the conduct of marine scientific research in the exclusive economic zone of Romania, foreign States, international organizations with competence in this area, as well as foreign legal and natural persons who have obtained the consent of the competent organs of Romanian for this purpose are required: a) ensure participation of representatives of the Romanian State in the work of marine scientific research, including in ships and other watercraft marine scientific research;
  

b) to allow the competent authorities, at their request, to access all the samples and data obtained in the context of marine scientific research and submit their preliminary reports, the final results and conclusions after the completion of the investigations, as well as data that can be replicated and samples that can be split up;
  

c) to provide the competent authorities, at their request, an assessment of data, samples and research results and to help them in their interpretation;
  

d) not to disseminate research results, even in part, on international, national or international, without request and without having to obtain the consent of the Romanian authorities;
  

e) to raise the installations and materials used after termination of the activity of scientific research, unless otherwise agreed;
  

f) do not affect in any way the activities which it carries out Romania's sovereign rights and jurisdiction over its territorial sea and exclusive economic zone provided for in this law.
  


Article 42 (1) the competent Romanian authorities are entitled to require the suspension of work on the marine scientific research currently under way in the exclusive economic zone of Romania, for the following situations, if they are not removed within a period laid down for that purpose: (a) the works are not carried out) according to the information communicated under article 12. 40, the Romanian competent authorities gave their consent;
  

(b) the State or international organization) competent times foreign natural and legal persons who carry out the work in question does not comply with the provisions of art. 41. (2) the competent Romanian authorities are entitled to demand the cessation of all work of marine scientific research in all cases of non-compliance with article 4. 40 equals a substantial change to the project or research work.
  

(3) order the suspension given under the provisions of paragraph 1. (1) may be cancelled by the competent bodies, and the scientific research project will be able to continue as soon as the State or competent international organisation times natural and legal persons who perform this work of marine scientific research have complied with the conditions set out in art. 40 and 41.
  


Chapter VII protection of the marine environment in article 43 (1) Prevention, reduction and control of pollution by maintaining the marine environment, caused or related activities in inland maritime waters, the territorial sea, the exclusive economic zone a and in the atmosphere above them, shall be carried out in accordance with the Romanian legislation in force and with the international conventions to which Romania is a party.
  

(2) the competent Romanian authorities lay down rules and measures for the protection and preservation of the marine environment, and to prevent, reduce and maintain control of pollution of the marine environment and in connection with maintaining security and the protection of specific navigation area and ensures compliance with and enforcement in ports, inland maritime waters, in the territorial sea and the exclusive economic zone of Romania.
  

(3) measures taken to implement the provisions of this chapter shall cover all sources of pollution of the marine environment. They include, in particular, measures which restrict: (a) the discharge of toxic substances), harmful or noxious substances, too, especially from land-based sources, from or through the atmosphere or the atmosphere by immersion;
  

b) pollution caused by ships, in particular measures for preventing accidents and to deal with emergency cases, to ensure the safety of operations at sea, to prevent spills, whether intentional or not, and to regulate the design, construction, equipment and operation of ships and the composition/structure of the personnel affected them;
  

c) pollution from plants or apparatus used for the exploration of the time of exploitation of natural resources on the seabed and from her basement, in particular measures for preventing accidents and to deal with emergency cases, to ensure the safety of operations at sea, and regulating the design, construction, equipping and operation of such facilities and instruments and composition/structure of the personnel affected them;
  

d) pollution from other installations or devices operating in the marine environment by applying measures to prevent accidents and to deal with emergency cases, to ensure the safety of operations at sea, and regulating the design, construction, equipping and operation of such facilities and instruments and composition/structure of the personnel affected them.
  

(4) the measures taken under the provisions of this chapter shall include those necessary to protect and preserve rare or sensitive ecosystems, as well as the environment of the species and marine organisms whose number is dwindling, which are threatened or endangered.
  


Article 44 is prohibited according to the laws in force, and any pollution of inland maritime waters, territorial sea and exclusive economic zones, as well as the atmosphere above them, by any way or means, such as discharge, dumping, sinking or the release of ships or other floating plants, submerged or fixed on the aircraft, as well as by the sources on the shore of certain substances or waste site radioactive, toxic, hydrocarbons and other harmful substances, harmful or hazardous for human health or for the sea flora and fauna, or other materials that can fold residues to produce damage to the Romanian Coast creating obstacles to legitimate use of the sea.


Article 45 (1) where there are reasonable grounds to believe that a vessel used for commercial purposes, which is located in inland maritime waters or territorial sea in times past or sailing through the exclusive economic zone of Romania, Romanian legislation breached international rules or concerning the prevention, reduction and control of pollution by maintaining the marine environment the Romanian competent bodies, have the right to ask for explanations of the vessel in relation to the acts imputed to him, and to inspect that vessel, where it would refuse to submit explanations requested or if the explanations received do not tally with the facts, and when the evidence warrants, to bring an action in connection with this infringement in accordance with the law, and Romanian, among other measures, to order, subject to the rules of international law, detention of the ship.
  


(2) where the evidence shows that a vessel used for commercial purposes, which is located in the inland sea waters, in the territorial sea or the exclusive economic zone of Romania, Romanian legislation breached international rules or concerning the prevention, reduction and control of pollution by maintaining the marine environment, by immersion or discharge of non degradable waste substances times radioactive, toxic, hydrocarbons and other harmful substances, harmful or hazardous for human health or for the flora and fauna of the sea, having produced or could produce, through pollution, risks and damage important shoreline Romanian times Romanian State interests or any resources from its maritime waters, territorial sea or exclusive economic zone a to, the Romanian competent organs are entitled to bring an action in connection with this infringement in accordance with the legislation, and to require the Romanian, subject to the rules of international law and if the evidence warrants, detention of the ship.
  


Article 46 If a foreign vessel used for commercial purposes is in a port or a Romanian oil rig offshore terminal, the Romanian competent authorities can initiate legal proceedings in connection with any violation made this ship, if the ship is in the waters, in the territorial sea, the contiguous zone or in the exclusive economic zone of Romania, can be tracked and retained in accordance with the provisions of art. 29, 35 and 36.


Article 47 (1) for the purposes of this law: 1. the pollution of the marine environment shall mean the introduction by any natural or legal person directly times indirectly, of substances or energy into the marine environment if it has or can have deleterious effects, such as damage to the biological resources, marine fauna and flora, endangering human health, obstacles for marine activities, including fishing and other legitimate uses of the sea water quality, alteration of the terms of use and the degradation of its recreational values;
2. by immersion means of escape from any deliberate) wastes or other matter from vessels, aircraft, platforms or other papers placed on high;
  

b) any sea sabordare of ships, aircraft, platforms or other works;
  

3. by Marpol 73/78 means the International Convention of 1973 for the prevention of pollution from ships, as modified by the protocol concluded at London on 17 February 1978, to which Romania acceded through Act No.. 6/1993, in its up-to-date version;
4. the discharge means any evacuation of a ship, irrespective of its cause, as defined under article 4. 2 of Marpol 73/78;
5. vessel means any maritime building, irrespective of its flag, including hydrofoil boats, air-cushion vehicles, sea trials, and fixed or floating platforms;
6. the emissions shall mean substances referred to in annexes I and II (Hydrocarbons) (noxious liquid Substances in bulk) to Marpol 73/78;
7. a legal person shall mean any legal entity having such status under the national legislation in force, except for States or public bodies acting in the exercise of State authority and for public international organisations.

(2) the term diving, under paragraph 6. (1) section 2, does not cover: (a) the discharge of waste) or other materials, whether arising directly or indirectly from the normal operation of vessels, aircraft, platforms or other works placed at sea, as well as their equipment, with the exception of waste or other matter transported by ships of the time ships, aircraft transferred to platforms or other papers placed on high, which are used for the disposal of such matter or derived from the treatment of such wastes or other matter on board such ships, aircraft, platforms or works;
  

b) storage of materials for any purpose other than the mere disposal, provided that such storage may not be contrary to the purposes of this Act.
  


Article 48 (1) where in the inland maritime waters, in the territorial sea or the exclusive economic zone of Romania, there is a collision of vessels, a failure or some other fault, and the actions related to such an event can have harmful consequences for the environment and marine fauna, as well as for maritime waters, the territorial sea, exclusive economic zone or for the Romanian Coast the Romanian competent organs are entitled to take the necessary measures, in line with the actual damage or with the threat he represents, for the purpose of defense against pollution or threat with pollution, and ensure compliance with those measures beyond the territorial sea.
  

(2) the sinking of waste in the territorial sea, the exclusive economic zone of Romania or on the continental shelf, as defined in art. 76 from the United Nations Convention on the law of the sea, cannot take place without the express consent of the competent Romanian bodies; they have the right to authorize, regulate and control this dive, after having examined properly the problem together with the other States to which this dive can be due to their geographical situation, cause, through pollution, harmed and their surrounding environment.
  


Chapter VIII, Article 49 Sanctions (1) constitutes infringement and is punishable with imprisonment from 3 months to 2 years, or with fine discharge of polluting substances from a ship in the maritime waters: or) acvatoriile ports that apply Marpol 73/78;
  

b) territorial sea;
  

c) exclusive economic zone or equivalent, determined in accordance with international law;
  

d) high seas.
  

(2) the Act referred to in paragraph 1. (1) committed through negligence, is punishable by imprisonment from one month to one year or by a fine.
  

(3) the Act referred to in paragraph 1. (1) that caused a significant deterioration in the water quality or significant damage marine life shall be punished with imprisonment from one year to five years.
  

(4) the Act referred to in paragraph 1. (3) committed through negligence, is punishable by imprisonment from six months to three years or by a fine.
  


Article 50 as far as not contrary to the provisions of international law, the criminal jurisdiction of Romania applies for the conduct referred to in article 1. 49 perpetrated on foreign ships: a) the exclusive economic zone of Romania or in an equivalent area determined in accordance with international law;
  

b) outside the Romanian territory and exclusive economic zones, but which have caused or are likely to cause pollution in its territory or in its exclusive economic zone, and the ship is voluntarily within a port or offshore terminal of Romania;
  

c) on the high seas, and the ship is voluntarily within a port or offshore terminal of Romania.
  


Article 51 (1) pursuant to art. 230 para. 1 of the United Nations Convention on the law of the sea, done at Montego Bay (Jamaica) on 10 December 1982, ratified by law No. 110/1996, the conduct referred to in art. 49 perpetrated on a foreign ship outside the territory of Romania shall be punished with fine in cases where the criminal jurisdiction of Romania shall be applied in accordance with the rules of national law or international.
  

(2) pursuant to article 19. 230 para. 2 of the United Nations Convention on the law of the sea, done at Montego Bay (Jamaica) on 10 December 1982, the acts referred to in article 1. 49 para. (1), (2) and (4) committed by a foreign vessel in the territorial sea of Romania are punishable by a fine.
  


Article 52 (1) are not covered by art. 49 and 51 discharges of polluting substances from ships of war, war vessels, as well as from other vessels belonging to the Romanian State times of another State or operated by it and used exclusively for the time of the delivery of a public service, non-commercial use.
  

(2) not covered by art. 49 and 51 discharges of polluting substances which were produced under the conditions laid down in rules 15, 34, 4.1 or 4.3 of annex I revised regulations 13, 3.1.1 or 3.1.3 of annex II revised Marpol 73/78.
  

(3) not covered by art. 49 and 51 facts committed by the owner, master or crew of the ship, if the discharge of pollutants has been produced under the conditions laid down in Rule 4.2 of annex I or revised Rule 3.1.2 of annex II revised Marpol 73/78.
  


Article 53 (1) if the Romanian Naval Authority finds committing an offence under this Act or is aware of the risk of causing such offenses may cause pollution times imminent, must immediately inform the other Member States likely to be exposed to such damage, as well as the European Commission.
  

(2) where the Romanian Naval Authority finds committing an offence under this Act or is aware of the risk of such crimes, which may be subject to the jurisdiction of another Member State, shall immediately inform the Member State thereof.
  

(3) the Romanian Naval Authority shall immediately notify the flag State of the vessel or any other State concerned of measures taken in application of the provisions of this law.
  


Article 54 (1) in the case of offences that attract the jurisdiction of several Member States, Romania, by the competent central authorities will cooperate with the Member States concerned, in particular as regards the determination of the conditions for prosecution and the rules relating to mutual legal assistance.
  


(2) the central public authority for environment protection shall inform the general secretariat of the Council with regard to Romania's decision to impose its jurisdiction for criminal offences envisaged in this law, committed by one of its nationals, where they can be punished by the criminal to the place where they were committed or if the place where they were committed does not fall under any territorial jurisdiction as well as for crimes related to the benefit of a legal person, whose registered office is situated in its territory.
  


Article 55 Romanian Naval Authority is designated as the point of contact, in particular for the exchange of information referred to in article 1. 53. It will forward to the European Commission its contact information.


Article 56 if the offences referred to in articles. 49, finding their prosecution of and keep returning the bodies of criminal prosecution.


Article 57 (1) the following acts shall constitute irregularity, unless they are perpetrated in such conditions as to be considered, according to the criminal law, the offence of breaching the ban:). 19;
  

b) bringing illegal in the country, in order to discharge, littering or immersion in maritime waters, in the territorial sea or the exclusive economic zone of Romania or of freeing the atmosphere above them, on ships or other floating or fixed installations on the aircraft submerged vehicles times of non-waste, toxic times, radioactive, hydrocarbons or other harmful substances harmful or dangerous, for human health or for the sea flora and fauna, waste or other materials that may cause damage to the Romanian Coast creating obstacles to legitimate use of the sea, including tourist purposes;
  

c) industrial fishing or other activity of exploration and exploitation of natural resources and illegal biological characteristics of inland maritime waters, territorial sea or exclusive economic zone of Romania, including the seabed and subsoil of these areas;
  

d sabordarea of a ship) in interior waters, in the territorial sea of the time failure to shore her up;
  

e) entry into ports, without the approval of the competent organs of Romanian ships with nuclear propulsion;
  

f) documents provided for in international agreements for ships carrying radioactive substances or toxic or other hazardous substances, as well as failure to take precautionary measures provided for in those agreements;
  

g) without the authorization of the competent Romanian bodies or in contravention of the conditions set out in the authorization, of scientific research, prospecting or other activities in the maritime waters, in the territorial sea or the exclusive economic zone of Romania;
  

h) boarding or disembarkation of persons goods outside times of ports or places where such operations are authorized;
  

I) intrusion of a ship in a port declared closed or in an area of the territorial sea in which innocent passage was temporarily suspended;
  

j) breach the restrictions referred to in article 1. 23;
  

k) breach of the prohibitions laid down in article 21. 18 paragraph 1. (2) (a). e), f) and k);
  

l) violation of the rules established by the Romanian organs competent with regard to safety of navigation and the protection of equipment, other equipment, telecommunication cables and submarine pipelines in inland maritime waters, in the territorial sea or the exclusive economic zone of Romania;
  

m) the creation of artificial islands, installations and works in the exclusive economic zone of Romania;
  

n) failure for seafarers and opinions of the flags on the installation of artificial islands, installations and works in the exclusive economic zone of Romania;
  

a failure to provide installations and) other permanent means of warning of their presence, violating the rules of keeping these tools in good working order and the liquidation of the plant and equipment the use of which has been permanently banned in the exclusive economic zone.
  

(2) the Offences referred to in paragraph 1. (1) (a). the-h)) are sanctioned with fines ranging from 8,000 to 40,000 lei lei, and those referred to in paragraph 1. (1) (a). I)-a), with fine of 2,000 lei to 10,000 lei, the penalties being applicable at the place of the finding of facts based on the.
  


Article 58 (1) if the acts referred to in article 1. 57 paragraph 3. (1) (a). a)-g) have caused extensive damage or other serious consequences have occurred or have been committed repeatedly, the penalty is a fine of 20,000 to 40,000 lei lei.
  

(2) for the conduct referred to in article 1. 57 paragraph 3. (1) (a). b) and (c)) may be penalty depending on the severity and extent of the consequences of environmental damage, fines from 40,000 lei to 150,000 lei.
  

(3) In especially serious situations, the Romanian competent bodies may, as complementary measures, confiscation of the ship, its equipment, fishing gear, equipment and other objects from the offender, to be used in committing the contravention.
  

(4) goods acquired by committing the contravention is forfeited.
  

(5) Penalties also apply to legal persons.
  


Article 59 does not constitute a contravention of the acts referred to in article 1. 57 paragraph 3. (1) (a). d), h), (i)) and (j)), if they have been committed in order to ensure the safety of the ship or shipping or save lives times in order to avoid damage to the ship or the cargo.


Article 60 (1) Offences and penalties are found to apply in accordance with regulations in force, personnel tasks of supervision and control of navigation under the Ministry of transport, particular personnel authorized by the Minister of national defence, Minister of Internal Affairs, Minister for environment and climate change, Minister of agriculture and rural development and the Minister of health, as well as other persons specially authorized by law.
  

(2) Against the minute of misbehavior can make complaint within 15 days from the date of such communication, the maritime and fluvial Section of the Court.
  


Article 61 the imposition of fines for offences, the offender shall not exempt from the obligation of compensation for damage caused by land, in inland waters, in the territorial sea and the exclusive economic zone of Romania, in accordance with Romanian law.


Article 62 Penalties applied to foreign natural persons or legal entities shall be paid in convertible currency, by converting foreign currency to pay fines from lei at the official rate of Exchange from committal of the contravention.


Article 63 Offences referred to in articles. 57 are applicable to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 28 and 29.


Article 64 (1) in the case of committing offences for which Romanian law provides for the arrest or detention of foreign master thereof, the competent bodies shall notify immediately the Romanian consular post or diplomatic mission of the flag State of the measures taken.
  

(2) a Ship detained and his crew will be released once a bail appropriate legal regulations in force. The fine will be determined by the Lions and will be charged in convertible currency, by converting the foreign currency amount in lei at the official rate of Exchange at the date of the contravention.
  


Article 65 bodies of the Ministry of national defence and the Ministry of Internal Affairs will ensure that the provisions of art. 30-32 and of art. 35 and will assist other State bodies competent in the application of coercive measures against foreign vessels in the territorial sea and the exclusive economic zone of Romania, on the basis of the provisions of this law.


Chapter IX final provisions Article 66 the term territorial sea, as defined in article 10. 2, replaces the term territorial waters used in previous legal provisions of this law.


Article 67 this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.


Article 68 on the date of entry into force of this law shall be repealed Decree nr. 39/1956 regulating the regime of territorial waters, published in the Official Gazette, part I, no. 3 of 28 January 1956, as well as any other provisions to the contrary.
* This law transposes art. 2-5, art. 8 and 16 of Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on pollution caused by ships and the introduction of penalties in case of breach, as published in the official journal of the European Union (JOUE) No. L 255 of 30 September 2005, and the. 1 section 3 and 4 of Directive 2009/123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005/35/EC on pollution caused by ships and the introduction of penalties in case of breach, as published in the official journal of the European Union (JOUE), L series, no. 280 of 27 October 2009.


Annex II geographical coordinates of points between which are drawn straight baselines from which is measured the width of the Romanian maritime spaces in the segment of geographical coordinates of Points points Latitude (phi) Longitude (lamda) 1 45 ° 10 ' 51 ' 29 ° 45 ' 56 "2 45 ° 08 ' 42" 46 ° 29 ' 20 "B 2 As the segment of 3 44 ° 50 ' 28" 29 ° 36 ' 53 "C Line 3 of 4 reflux




4 d 44 ° 46 ' 52 "29 ° 31 ' 48" 5 44 ° 43 ' 38 "29 ° 03 ' 10" E 5 D 6 segment As at 44 ° 31 ' 26 "28 ° 53 ' 26" F 6 As the segment E 7 44 ° 07 ' 15 "28 ° 41 ' 50" 7 As the segment F 8 43 ° 59 ' 14 "28 ° 40 ' 09 ' H 8 As the segment G 9 43 ° 44 ' 20" 28 ° 34 ' 51 "-----