Law No. 126 Of 27 December 1995 Concerning The Regime Of Explosive Materials

Original Language Title:  LEGE nr. 126 din 27 decembrie 1995 privind regimul materiilor explozive

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Law No. 126 of 27 December 1995 (republished) concerning the regime of explosive materials) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 177 of 12 March 2014 — — — — — — — — — — — — — * Note) Republished pursuant to art. 248 of the law nr. 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, posing a new texts.

Law No. 126/1995 was republished in the Official Gazette of Romania, part I, no. 660 of 15 September 2011.


Chapter I General provisions Article 1 (1) the provisions of this law shall apply to the preparation, production, processing, experimentation, holding, cross-docking in the country, in whatever form, transfer, transport, marketing, storage, loading, încartuşarea, delaborarea, destruction, handling, marketing and use of legal or natural persons authorised to explosive materials.
  

(2) for the purposes of this law, by means of explosive materials explosives of the type of explosive mixtures, emulsions, explosives, initiation, detonating fuses, fuse, igniting fuses, electrical, pyrotechnical Staples Staples, shock tubes, relays, including detonating explosives for civil uses and pyrotechnic articles.
  

(3) this Act does not affect the legal regime of explosives for civil uses, as regulated in the Government Decree nr. 207/2005 laying down essential requirements of security of explosives for civil uses, and the conditions for the placing on the market, as amended and supplemented, and in Government Decree No. 612/2010 laying down the essential safety requirements of pyrotechnic articles and the conditions for the placing on the market, with subsequent amendments.
  


Article 2 production and explosive materials processing are allowed only for legal persons possessing the authorization on the part of the territorial Labor Inspectorate within which it operates.


Article 3 (1) simple explosive can be prepared manually or by legal persons only mechanized authorized for this purpose, on the basis of technical instructions and the safety and health of work drawn up in this respect.
  

(2) Explosive Materials with military destination, regardless of origin, may be used only with the approval of the Ministry of national defence, on the basis of specialized structure under this Ministry, designated for that purpose by the Government.
  


Article 4 (1), including manufacturers, Suppliers are required to ensure that explosive materials and write packages with data specified by the regulations in force.
  

(2) the term of the warranty can be extended only with the consent of the manufacturer.
  


Article 5 (1) placing on the market of explosives for civil uses and pyrotechnic articles is permitted only if they comply with the essential requirements applicable to them, be determined by the legislation in force that aims to ensure a high level of protection of human health and public safety, consumer protection and safety, and environmental protection.
  

(2) the placing on the market of explosives for civil uses and pyrotechnic articles must be complied with the provisions of Regulation (EC) No 1782/2003. 1.907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorization and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 2092/91. 793/93 of the Council and Regulation (EC) No 1782/2003. 1.488/94 the Commission, as well as Directive 76/769/EEC and Directive 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, as amended and supplemented, published in the official journal of the European Union no. L 396 of 30 December 2006, and the provisions of Regulation (EC) No 1782/2003. 1,272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1782/2003. 1.907/2006, as amended and supplemented, published in the official journal of the European Union no. L 353 of 31 December 2008.
  


Article 6 by explosive materials, the holder for the purposes of this Act, means any legal or natural person in possession or detention which is lawful, such materials.


Article 7 (1) natural persons shall not be entitled to hold, use, transport, store, to experiment or to wield your Explosives pyrotechnic civilian use or if you do not provide proof of the quality of marine biology, pirotehnician and is not an authorized legal person authorised and registered in accordance with the legal provisions.
  

(2) specially trained Staff can handle explosive materials only under the supervision of marine biology or pirotehnician.
  

(3) exception from paragraph 1. (1): persons who have fulfilled) the age of 16 years may hold and use of pyrotechnic articles category 1 or P1;
  

b) people who have over 15 years of age and training courses in specialized education can have pyrotechnic during training only.
  


Chapter II Authorisation and registration holders of explosive materials "in article 8 (1) to be able to prepare explosive materials, legal persons which, by the articles of incorporation of the company, have as their objects such operations are required to obtain beforehand the authorization on the part of the territorial Labor Inspectorate and the Directorate-General of Police of the municipality of Bucharest or county police inspectorate within whom it operates.
  

(2) an obligation to obtain authorisation in advance returns and legal entities and physical persons possessing, using or placing of explosive materials, except for units and formations of the National Defence Ministry, Interior Ministry, security guard and protection service and the Romanian Intelligence Service.
  

(3) persons who produce, possess, transfer or placing of pyrotechnic articles, as well as people who use pyrotechnic items for technical purposes are required to obtain authorization from the territorial labour inspectorate and the Police General Directorate of Bucharest or county police inspectorate within whom it operates, as applicable.
  

(4) the authorization is obtained only at the request of the party concerned and on a fixed-term with possibility of extension.
  

(5) the performance of activities provided for in the authorization through unauthorized middlemen is prohibited.
  


Article 9 (1) Explosive Materials may only be stored in premises specially built and furnished based on technical documentation approved by the territorial labour inspectorates.
  

(2) explosive materials warehouses built and furnished under the terms of paragraph 1. (1) can function only after obtaining prior authorization, issued jointly by the Labour Inspectorate and the General Directorate of Bucharest police or County Police Inspectorate, where appropriate.
  

(3) authorization is prohibited the production, preparation, testing, possession or storage of explosive materials in buildings and homes.
  

(4) The authorization for the operation of any warehouse capacity is determined by the storage in the TNT equivalent.
  

(5) Storage of explosive materials in stock and units which have as their object the manufacture/processing of explosive materials shall be carried out only in premises that are designed, constructed and decorated on the basis of the technical documentation.
  

(6) the labor inspectorates may approve temporary capacity being exceeded approved storage with a maximum of 25%, for a period not exceeding 3 months.
  

(7) Management of legal persons which have as their object the manufacture/processing of explosive materials can deliver its storage capacity being exceeded and power roads with no more than 25% of stock, for a period not exceeding 3 months.
  


Article 10 where a deposit of explosive materials is used for many operators, based on agreements on joint custody, records shall be kept separately for each economic operator.


Article 11 (1) of the labour inspectorate or the Police General Directorate of Bucharest County Police Inspectorate times may, where appropriate, suspend or restrict activities for the production, preparation, possession, transfer, transport, use or trade of explosive materials or withdraw authorisations if they are violated legal rules in force with regard to compliance with security rules.
  

(2) the termination of the right of withdrawal draws granted to legal persons and individuals to perform tasks for which it was granted.
  

(3) upon termination of the authorisation is mandatory teaching, within 15 days, the institution that has issued it.
  


Article 12 (1) authorizations issued under this law shall be endorsed annually by the issuing authority in whose RADIUS has its seat holder. Failure to submit the authorization for visa, within 15 days from the date of its expiry, loss of the right holder to perform operations with explosive materials.
  


(2) the bodies referred to in article 1. 8 will be issued to legal entities, within 15 days, a new permit holder who make known: the change of the name or) headquarters;
  

b) damage, loss or theft of the authorization;
  

c) full depletion of the spaces reserved for the annual visa.
  


Article 13 authorized legal entities which supply, temporary, prospecting and geological explorations or assistance with protection means are required to notify the Labour Inspectorate and the County Police Inspectorate or the Police General Directorate of Bucharest, where appropriate, in whose localities where they operate, with at least 48 hours prior to start of work.


Chapter III operations with explosive materials and track their Article 14 transport and handling explosives and Durban's own means of initiation and ignition, except pyrotechnic articles shall be carried out under the direct supervision of the Dionysiac only authorized and trained personnel for such operations. Transport and handling of pyrotechnic articles shall be carried out by specially trained personnel.


Article 15 (1) any transfer or shipment of explosive materials shall be made only by means of transport arranged for this purpose, on the basis of documents issued in accordance with the legal regulations in force and signed the law.
  

(2) the transport of consumer deposits in the Dionysiac and electrical boxes to their jobs or the explosive materials processing when they find themselves in the same location is permitted on the basis of documents of explosive materials in the warehouse.
  


Article 16 (1) Loading, transferring, transporting, unloading, storage and destruction of explosive materials during the night are prohibited.
  

(2) exception transfers by rail or water, shipments from the factory producing its own deposits, as well as those performed in the same establishment.
  


Article 17 (1) the transfer or transport of the same means of transport of explosive materials along with other materials or materials with which they are incompatible, and access to the means of transport of persons without service duties in respect of the transfer or shipment is prohibited.
  

(2) shall be exempt from the provisions of paragraph 1. (1) the means of transport used by teams of geological prospecting, well-drilling perforations, hydropower, construction, repair or construction of roads, railways and bridges or protection, if interventions are arranged according to legal regulations.
  


Article 18 Transfer, transport or storage of several types of explosives shall be made only under the conditions set out in the annex to this law.


Article 19 (1) explosive materials transfer Guard from the manufacturer in respect of deposits or stock, regardless of the means of transport, ensures effective with Rangers, at the expense of the beneficiary.
  

(2) for the transfer of explosives and parts used in the explosive protection interventions from deposits or stock of consumer deposits to use or processing of the explosive materials when they are not in the same site with consumer Depot, security is ensured by economic operators, by personally equipped with firearms According to the law.
  

(3) For the transfer of explosive materials from landfill based on deposits, operators are required to notify the police in advance of the body in the territory of which the transfer.
  

(4) explosive materials in the guarding of transit through the territory of Romania shall ensure surcharge only with effective Rangers, after prior checking of the integrity of the seals affixed by the sender in accordance with procedures for transport and international shipments of dangerous goods.
  

(5) the Guard of transfers and consignments intended for military explosive, the territory of Romania shall ensure that the Ministry of national defence.
  


Article 20 on the site and the maximum quantity of explosive materials intended for storage for electrical boxes, and Dionysiac rooms storing explosive materials and wield it for penetrations of probes, hunting articles, pyrotechnic fun objects, handguns for protection bolts, împlântat, CFR and alarm Staples staples of stunning is necessary given the Labour Inspectorate.


Article 21 (1) Staples will be stored in the ground or in the underground rooms, separate facilities where explosives are stored properly relied.
  

(2) exception to the surface deposits with capacities up to 500 kg of TNT equivalent, in which means of initiation may be stored in the same building as the actual explosives, but in separate rooms.
  


Article 22 which relates to Land surface or underground deposits of explosive materials for civilian use, not related to the mine's network, and the stock of deposits from explosive materials must be fenced in accordance with legal regulations.


Article 23 of the explosive materials which were Guarding shall be provided with permanent personnel equipped with firearms, in accordance with the law, with the exception of underground deposits related to the mine's network.


Article 24 (1) access to the repository is enabled, in the presence of the Manager or his substitute, only to persons involved in the management, handling and control of explosive materials.
  

(2) during the night is denied access to the repository.
  

(3) shall be exempt from the provisions of paragraph 1. (2) deposits of the units in which they work and night shift.
  


Article 25 (1) To all deposits shall be kept a record of the entry, exit and explosive materials usage.
  

(2) records of deposits, as well as explosive materials on the forms-entries, exits, consumption-are special documents.
  

(3) any explosive materials must be immediately announced to the local organ of the police and the territorial Labor Inspectorate.
  


Article 26 (1) of the explosive materials Manager for civilian use, as well as its replacement will be nominated by the head of the unit that holds the Dionysiac authorized and responsible, as appropriate, disciplinary, administrative, civil or criminal law entrusted to the management.
  

(2) explosive materials for Managers within the producing plants or warehouses for storage of explosive materials, and their alternates shall be appointed by the managers of the unit holder only from among the pyrotechnicians who know and assume the risks to which they are subjected in operations of handling and storage of explosive materials.
  


Article 27 (1) are carried out by firing squad Works only by authorized persons as marine biology, except those that perform the functions referred to in article 1. 26. (2) does not need to be authorised as marine biology the following categories of staff: a staff that produces), check it out and experience the explosive materials to the manufacturer and to specialized laboratories authorised for this purpose;
  

b) personnel who use explosive materials and mirroring her ancestor to specific activities within the Ministry of national defense, Ministry of Interior, security guard and protection service and the Romanian Intelligence Service;
  

c) personnel and use of explosive materials mirroring her ancestor other than explosives and means of initiation and ignition.
  


Article 28 conditions and requirements for the approval of the quality of marine biology and the pirotehnician shall be established by the technical standards relating to the keeping, preparation of trial, destruction, transport, storage, handling and use of explosive materials used in any other operations specific to the activities of the unit-holders, as well as the authorization of the Dionysiac and pyrotechnicians, approved by the Decree of URGuvernului.*) — — — — — — — — — — — — — — — — — * Note) see Judgment No. 536/2002 for the approval of technical standards relating to the keeping, preparation of trial, destruction, transport, storage, handling and use of explosive materials used in any other operations specific to the activities of the unit-holders, as well as the authorization of the Dionysiac and pirotehnicienilor, published in the Official Gazette of Romania, part I, no. 479 of 4 July 2002, as amended and supplemented.


Article 29 (1) an employee to whom they entrusted the explosive materials may not, in any circumstance, to dispose of them, to use them for other purposes, or to perform operations other than those established for the performance of job duties.
  

(2) any person who finds explosive materials shall teach them the nearest police or organ to indicate where they are located, to proceed without delay in raising them.
  

(3) Explosive Materials seized under the terms of paragraph 1. (2) the offence constitutes bodies, confiscation of the measure following the rule, where appropriate, the Prosecutor or the Court.
  

(4) Explosive Materials nedetonate in the wake of shooting operations shall be submitted to artificierului.
  


Article 30 persons or bodies authorized to the storage, retention or handling of pyrotechnic articles comply with the technical regulations and the manufacturer's instructions.


Article 31


(1) Pyrotechnic Articles must have written in Romanian language category to which they belong, the instructions for use, warranty, as well as the dangers that arise from keeping, storage, handling or use.
  

(2) natural or legal persons authorized have an obligation that, at the request of the supervisory authority justified, to supply to the Commission all information and documentation necessary to demonstrate the conformity of the product with the essential safety requirements.
  


Article 32 (1) the sale of pyrotechnic articles shall be carried out only by legal persons authorized to do so and only in authorized places.
  

(2) trading Spaces of pyrotechnic articles shall be provided outside the buildings, under the conditions fixed by the technical rules pursuant to article 114. 28. Article 33 Shall prohibit the production, possession, sale, import, use or any other operation with explosive materials by individuals or legal entities.


Article 34 (1) natural persons or legal entities authorised can use pyrotechnic items only entertainment, taking measures for the protection of persons, goods, animals and the environment.
  

(2) it is prohibited the use of pyrotechnic articles in the following situations: a) between the hours 24.00 and 6.00 except authorized periods and events of local, national or international, on the basis of local authorities;
  

b) at a distance of less than 50 m of residential buildings with up to four levels and less than 100 m from those with more than 4 levels;
  

c) at a distance of less than 500 m of high-voltage electrical installations, storage and delivery of liquid or solid fuels, gas installations;
  

d) at a distance of less than that laid down in the regulations in force with regard to the objectives of the chemical and petrochemicals or other objectives which present a danger of fire or explosion;
  

e) where there is a risk of landslides, avalanches or falling rocks;
  

f) on public roads open to traffic, pedestrian alleys and open spaces with clumps of people;
  

g) at a distance of less than 500 m from the Woods.
  

(3) the Organization of pyrotechnic articles from categories 3 and 4 is allowed only in conditions where there is agreement of the City Hall, of the Inspectorate for emergency situations or County, as applicable, of the municipality of Bucharest and the opinion of the County Police Inspectorate, the General Directorate of Bucharest police, whose RADIUS is running the games in question.
  


Article 35 the marketing materials only explosive after their inclusion in the register provided for in article 10. 25 para. (2) the authorised economic operators involved.


Article 36 the conditions under which natural and legal persons having the nationality of a State's nationality, respectively, a member of the European Union or belonging to the European Economic area or which are established in one or more of those States, within the meaning of the Emergency Ordinance of Government No. 49/2009 concerning the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and completions by law No. 68/2010 may provide services in the field covered by the present law on the territory of Romania shall be established by the technical rules pursuant to article 114. 28. Chapter IV Offences and offences Article 37 Constitutes infringement and is punishable with imprisonment from 3 months to one year or with fine: a) any operations carried out with non-pyrotechnic articles;
  

b) pyrotechnic articles category 1 or P1 by persons who have not reached the age of 18 years;
  

(c) to the general public) marketing of pyrotechnic articles intended for use by the pyrotechnicists.
  


Article 38 (1) the following acts shall constitute offences and shall be imposed as follows: non-compliance with the provisions of article) 11(2). (2), art. 15, 20, 22, 24, art. 25 para. (1) and (2), art. 26, 28 *) and art. 29 para. (2) and (4), with a fine from 1,000 to 2,500 lei lei;
  

— — — — — — — — — — — — — — — — * Note) in the present art. 28 content differently than the last configuration time by law. 262/2005, in the sense that it does not seek a deed which may constitute an irregularity penalised by a fine.

(b) failure to meet the requirements of article.) 8, art. 11(2). (3), art. 12, 13, 14, 21, 30 and 35, with fine from 2.000 to 5,000 lei lei;
  

(c) failure to comply with the provisions of article 1.) 34, with fine from 3,000 to 6,000 lei lei;
  

d failure to comply with the provisions of article 1.) 3, 4, 5, 7, 9, 16, 17, 18, 19, 23, art. 25 para. (3), art. 27(2). (1) and art. 31, with fine from 5,000 lei lei to 7,500.
  

(2) administrative Sanctions may be imposed fines and legal persons. In the case of legal persons, the minimum and maximum limits of the fines provided for in paragraph 1. (1) shall be increased by 100%.
  


Article 39 (1) Finding contraventions and penalties are carried out by labour inspectors of the labour inspection, as well as by the police.
  

(2) the minutes of the contravention and the penalty of contempt application can make the complaint within 15 days of receipt.
  


Article 40 Offences under article 4. 38 apply 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.


Chapter V final provisions Article 41 (1) the control of compliance with technical obligations and compliance with the security measures relating to the manufacture, preparation, processing, experimentation, holding, use, sale, storage and transport of explosive materials shall be exercised by specialized personnel designated within the labour inspection and the persons specially designated by the heads of units who use explosive materials.
  

(2) the control of transfers of explosive materials, as well as the one concerning how safety requirements are provided within such transfers shall be exercised by specially designated personnel within the General Inspectorate of the Romanian police.
  


Article 42 of the National Defence Ministry can participate with specialists from the carrying out of checks on transport, storage and handling of explosive materials, organized in special situations, the Ministry of internal affairs or the Ministry of labour, social protection and Family, senior citizens, at their request.


Article 43 (1) the Ministry of labour, social protection and the family, the Elderly, the Ministry of Internal Affairs, the Ministry of national defense and the Ministry of Economic Affairs will issue, within 60 days after the date of publication of this law in the Official Gazette of Romania, part I, technical standards relating to the keeping, preparation of trial, destruction, transport, storage, handling and use of explosive materials used in any other operations specific to the activities of the holders as well as the authorization of the Dionysiac and pyrotechnicians.
  

(2) the technical requirements of paragraph 1. (1) will be approved by decision of the Government *).
  

— — — — — — — — — — — — — — * Note *) see footnote asterisk from the end of art. 28. (3) the Ministry of national defence, in the same period, will develop its own technical standards, in compliance with the provisions of this law.
  


Article 44 this Act does not apply to weapons, munitions and explosives.


Article 45 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania *).
  

— — — — — — — — — — — — — * Note) Law No. 126/1995 was published in the Official Gazette of Romania, part I, no. 298 dated December 28, 1995.

(2) on the date of entry into force of this law, Decree nr. 297/1977 on explosive materials regime in economics, as well as rules relating to explosive materials of Decree nr. 367/1971 on the regime of weapons, munitions and explosive materials shall be repealed.
  


Notes on the various types of explosives and initiating and igniting which can be stored or transported in bulk a) explosives containing nitroglycerine or nitroglicol greater than 6%, together with explosives (antigrizutoşi), provided they are stored on separate shelves;
  

b) hexogenul, along with pentrita, tetrilul and mixtures made with sleeves or with them;
  

c) trotilul together with explosives-based ammonium nitrate and nitroglycerine or nitroglicol content less than 6%, and special-purpose-based TNT (with bustere, detoroc, etc.);
  

Black with dust d) smoke, of all kinds, including mechanical mixtures which have a slow burning speeds and low smoke release, along with the explosives-based cloraţi and percloraţi;
  

e colloid smokeless powders);
  

f) staples of any kind of detonating cords along with detonating relays and initiation system "I ~";
  

g) detonating based pentrită along with the explosives referred to in. b) and (c)), and on the basis of hexogen, along with folks from lit. b);
  

h) shipments of hexogen, along with all kinds of probes, used for cutting teams to the probe.
  


With slow-burning Wicks can be stored together with any of the explosives referred to in. a)-h). Also, the means of ignition Wick winding around can be kept together with the explosive materials, excluding those of categories referred to. a), d) and (e) above).
Means of initiation and Flash can carry together with explosives from Durban's own warehouse at the workplace by the marine biology, and with specially designed vehicles.
Exceptions to the above provisions regarding the storage of explosives of different types may be accepted only:-consumer deposits and temporary or short-term work with capacities up to 200 kilograms of explosives;
consumer deposit-cameras that are not used for the storage of explosives left by the artificieri at the end of the exchange of the thing.
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