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Law No. 18 Of 4 April 1996 On Guarding The Goals, Values And Goods

Original Language Title:  LEGE nr. 18 din 4 aprilie 1996 privind paza obiectivelor, bunurilor şi valorilor

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LEGE no. 18 of 4 April 1996-(* updated *) on security of persons, objectives, goods and values ((updated until 14 May 2003 *)
ISSUER PARLIAMENT




-------------- *) The initial text was published in the OFFICIAL GAZETTE no. 75 75 of 11 April 1996. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until May 14, 2003, with the amendments and additions made by: LAW no. 190 190 of 14 October 1998 ; EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 . The Romanian Parliament adopts this law -------------- The title has been amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 1 General provisions + Article 1 (1) Individuals may appeal for personal protection to the services of a person within specialized security companies, under the conditions of this law. The specialized person employed, hereinafter referred to as the bodyguard, is obliged to observe in his entire activity the provisions of this law, of the other legal provisions in the matter, as well as the clauses of the concluded contract, fulfilling tasks in good faith and in the exclusive service of the person defended. (2) Ministries and other specialized bodies of central and local public administration, autonomous regions, national companies and companies, national research and development institutes, companies, regardless of the form social capital, public institutions, as well as other organizations that hold goods or values with any title, referred to in this law units, are obliged to ensure their security. -------------- Article 1 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 2 Depending on the importance, specificity and value of the goods they hold, the heads of the units provided in art. 1, with the specialized competition of the police or gendarmerie, establish the concrete ways of organizing and executing the guard, as the case may be, with gendarmes, guard with public guards, own security or guard through specialized companies. Units grouped on a certain space, with the opinion of the police, can organize security in common with public guards, their own security or through specialized security companies. The heads of these units shall establish the security, obligations and responsibilities of each beneficiary, including those regarding the preparation of the security plan. At the other units, where an organized security system cannot be carried out, their leaders are obliged to execute fencing, grids, shutters, secure locks, security lighting, alarm systems or other such means necessary. ensuring the security and integrity of property. + Article 3 Liability for taking measures to ensure the security of goods and values held with any title lies with the heads of the units provided in art. 1 1 and 2. + Article 4 Heads of the units referred to in 1 are obliged, within the framework of the security measures, to introduce alarm systems against burglary, corresponding to the importance and specificity of the objectives and goods to be guarded. + Article 5 (1) The guard shall be organized and carried out according to the security plan drawn up by the unit whose goods or values are guarded, with the specialized opinion of the police, which is also mandatory for the modification of the guard plan. This opinion is not necessary in the case of the units to which the security is provided with gendarmes. (2) The security plan shall be established, mainly: the number of posts and their location, the personnel of security personnel, the facilities, installations and technical means of security and alarm, the measures necessary to ensure the transport of the values important, the sign of posts, the connection and cooperation with other bodies with duties to guard objectives, goods and values. Access rules will also be provided, according to the provisions of the head of the unit, as well as the documents specific to the guard service. (3) In the case of the units to which the guard is provided with gendarmes the guard plan shall be drawn up, by mutual agreement, by the gendarme unit and the unit to which the guard is provided. (4) The specific documents necessary for the execution and record of the security service and their models shall be established by order of the Minister of the Interior. ------------ Article 5 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 2 Guarding forms + Section 1 Guard with gendarmes flocks + Article 6 (1) The security of the objectives of particular importance for the defense of the country, the activity of the state, economy, science, culture and art, of the premises of diplomatic missions or of foreign economic agents and representatives, as well as of the special values provides with gendarmes flocks. (2) The guard with gendarmes flocks can also be provided at the premises of international bodies carrying out activities on the territory of the country, at their express request, addressed to the Romanian Government. (3) The objectives and values provided in par. 1 and 2, as well as the personnel, the material and financial means necessary to ensure the security with the gendarmes are established by Government decision. (4) At the request of natural and legal persons, in situations that do not suffer postponement, other than those provided in par. (1) and (2), the commander of the Romanian Gendarmerie may approve the temporary provision of the guard with gendarmes flocks of objectives, goods, values and special transports. (5) Through situations that do not suffer procrastination are understood the states of fact characterized by internal tensions, acts of disorder and serious disorder of public order, high criminal status, calamities, catastrophes, frequent thefts from the property public or private, which require immediate taking, under guard with gendarmes flocks, of objectives, places, portions of land, other than those provided in par. ((1) and (2). (6) Guard with gendarmes flocks, approved under the conditions of par. ((4), shall be lifted after the end of the special situation which imposed its establishment. (7) The lifting of the guard with gendarmes flocks is carried out by decision of the Government in the cases provided in par. (1) and (2), respectively by order of the commander of the Romanian Gendarmerie, in the situations mentioned in par. ((4). (8) If the units that were provided by normative acts to ensure the guard with gendarmes flocks change, restrict or cease their activity or give up this form of security, by decision of the Government of lifting the security will also be established the modalities of redistribution of redundant herds and budget allocations approved for this purpose. ------------ Alin. ((4)-(8) of art. 6 were introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 7 (1) The units that benefit from security with gendarmes shall conclude service contracts with the gendarme units, at the level of the echelon that has its own financial organ. (2) The security guard service with gendarmes shall be carried out for a fee, according to the tariffs established by the Ministry of Interior at the level of expenses occasioned by the performance of the security service, endorsed by the Competition Office. (3) The guard service with gendarmes flocks can also be carried out when, in contrast, the beneficiary of the services provides, in turn, goods or services, if they are necessary for the Romanian Gendarmerie. (4) The conditions of the security service according to the provisions of (3) shall be established by Government decision within 60 days *). (5) The budgetary units and the premises of the diplomatic missions, as well as the extrabudation units of strategic interest or which hold installations or objectives of particular national importance, the beneficiary of guards with flocks of gendarmes, which are exempted from payment, are established by Government decision. (6) The incomes made from the guard carried out by the gendarme units, according to the law, shall be fully retained by them as extra-budgetary income, permanently, which will be used to cover current and capital expenditures. (7) Contracts concluded between the gendarme units and the unit to which the security is provided shall be valid for the duration of applicability of the normative act establishing the military guard. Contract terms may be amended periodically, with the agreement of both parties. (8) The leaders of the beneficiary units of security, for a fee, with gendarmes flocks will be obliged by the contract concluded to constitute, in the form of a bank guarantee letter, on behalf of the service provider, the amount related to the provision service contracted for a period of 3 months. (9) The installation of the guard will be done only after the provision by the beneficiary of the security service of the conditions established by the concluded contract. (10) In case of non-compliance with the obligations provided by law and those contractual by the security beneficiaries, the lifting of the guard from the objectives provided with gendarmes flocks can be made within 60 days from the warning, in writing, of to their leaders, by order of the commander of the Romanian Gendarmerie. (11) The lifting of the guard by order of the commander of the Romanian Gendarmerie under the conditions provided in par. (10) can also be done if the head of the security beneficiary unit refuses to conclude or reupdate the contract with the gendarme unit that provides the flocks. ------------- Article 7 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. ------------- *) The term flows from the date of publication of the present emergency ordinance in the Official Gazette of Romania, Part I. + Article 8 (1) The guard with gendarmes flocks shall be organized and executed according to the guard plan prepared by the commander of the military unit and the head of the beneficiary unit, in compliance with the provisions of 5. (2) The gendarmes who provide security at objectives with an increased degree of difficulty will benefit from the same bonuses for dangerous, harmful or hard work conditions, as the case may be, as well as the personnel of that objective. ------------- Alin. ((2) art. 8 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 9 In the units where the guard with gendarmes flocks works, security with public guards, security of their own or security through specialized security companies, they integrate into the military guard system. + Section 2 Guard with public guards + Article 10 Security of goods and values held by legal or natural persons can also be ensured through the Body of Public Guardsmen. + Article 11 Guard with actual public guards is done according to Law no. 26/1993 on the establishment, organization and functioning of the Corps of public guards. + Section 3 Own security + Article 12 Objectives, goods and values, other than those provided for in art. 6, which require to be permanently guarded, can be provided through their own security with specific personnel employed. + Article 13 Own security shall be organized in relation to the nature of the objectives, goods and values to be guarded, with the location, extent and vulnerability that some units and places in their premises present, with the number of exchanges in which operate, access points and other specific criteria. + Article 14 The heads of the units that hold, with any title, agricultural land are obliged to organize their own security on the field. The field guards are obliged to provide security for all goods on the agricultural land, given in the record, and to notify, on time, the competent bodies about the occurrence of calamities, the appearance of pests and other events likely to produce damage to agriculture or that produce environmental pollution in the area. + Article 15 (1) The protection of the railways, forests, forest land, hunting and fishing funds, pipelines for the transport of hydrocarbons, irrigation systems, telephone and electricity transmission networks shall be ensured by to the heads of the relevant central units through specialized security bodies. (2) The specialized security bodies shall be organized and operated on the basis of a regulation approved by Government decision. (3) The security personnel of specialized bodies shall be equipped with uniforms, insignia and means of self-defense corresponding to those established by their own regulations of organization and functioning. ------------- Alin. ((3) art. 15 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 16 (1) Mayors are obliged to take measures such as in communes and villages to ensure the security of public goods and citizens through the forms provided by this law and their inhabitants by rotation, according to the decisions of the local councils, after prior consultation of the inhabitants. Consultation of the inhabitants is carried out through popular gatherings organized on villages (2) Persons who execute the rotating guard must meet the conditions laid down in art. 19 19 para. ((1) lit. a)-d), not exceed the maximum of the retirement age and bear distinctive insignia during the execution of the guard service. (3) The payment of the security service will be provided from the local budget funds. ------------- Alin. ((2) art. 16 16 was amended by LAW no. 190 190 of 14 October 1998 published in MONITORUL OFFICIAL no. 394 394 of 16 October 1998. Alin. ((1) and (2) of art. 16 were amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 17 (1) The security personnel shall be composed of guards, porters, access controllers or other persons established by the management of the unit or designated to ensure the training, control and coordination of the security activity. (2) For the training, control and coordination of the guard activity at the units where the number of guard posts is over 20, the necessary leadership structure consists of the head of guard service, head of the shift, head of training. (3) At the other units where the number of guards is below 20, the specific security activities shall be fulfilled by an empowered of the management of the unit. (4) The head of the guard service or the authorized guard shall be directly subordinated to the management of the unit and shall establish together with this most effective security measures. ------------- Article 17 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 18 (1) The personnel of their own security shall be equipped with uniform, protective equipment and distinctive insignia, which they wear during the execution of the service. The conditions for granting the uniform, the protective equipment, the description, the scale, as well as the distinctive insignia are established by Government decision. (2) With the opinion of the police, the personnel of the units ' own security may be equipped with firearms, white weapons, rubber sticks, tear sprays and other individual defense means, in relation to the importance of objectives, goods and values. Guarded. (3) At the units where the guard works with gendarmes and own security, the verification, the approval, the equipment with firearms, the training and control of the security personnel shall be carried out by the gendarme unit that coordinates the unique guard system. ------------- Alin. ((2) art. 18 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. Alin. ((3) art. 18 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 19 (1) The person to be classified as a guard must meet the following conditions: a) to be a Romanian citizen and to be aged between 21 and the maximum of the retirement age provided by law; b) have physical, mental and professional skills appropriate to the function; c) to be known as the right person, with good citizen conduct and not to have suffered convictions; d) to have the military service satisfied; e) to be a graduate of secondary education and to be certified by the competent body. (2) They may be classified as a guard and women who meet the conditions provided in par. 1 1, except for the one in lit. d). -------------- Points a), b), c) and e) of par. ((1) art. 19 were amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 20 (1) Attestation of personnel for the execution of activities of security of objectives, goods, values and bodyguard shall be made after obtaining the opinion of the police or gendarmerie bodies, as the case may be, and the completion of qualification courses, lasting Minimum of 45 days, for a fee, organized by the Romanian Gendarmerie, by the bodies of public guards or by specialized security companies endorsed by the Ministry of Interior and the Ministry of Labour and Social Protection. (2) The qualification courses shall be conducted on the basis of a specific theme, approved by the General Inspectorate of the Police or the National Gendarmerie Command, as the case may be, under the supervision and guidance of these institutions and shall be completed by examination and attestation of graduates by a commission that includes a representative of the county police inspectorate or the General Police Department of Bucharest Municipality, as the case may be, and a representative of the county labor department and social protection or the work and social protection of the municipality Bucharest, as the case may be, subordinated to the Ministry of Labour and (3) In the case of the courses organized by the Romanian Gendarmerie, a representative of the county gendarmes command or the Gendarmes Command of the Municipality of Bucharest, as the case may be, is part of the attestation commission. (4) The registration at the qualification courses is based on the candidate's request, the documents certifying the fulfilment of the conditions provided in art. 19 and the police or gendarmerie's opinion, as appropriate. (5) Guard personnel and bodyguard, who meet the conditions provided in art. 19, shall be checked and endorsed, within 30 days from the date of the request, by the county police inspectorates or by the General Police Directorate of Bucharest Municipality or by the gendarmerie units, referred to in art. 18 18 para. ((3), as appropriate. (6) The travail of the qualification courses shall be borne by the candidate. (7) The nominal situation of qualified persons shall be communicated by the organizers of the qualification courses provided in par. (1) at the General Inspectorate of Police, within 10 days from the date of completion of the course, as well as at the county police inspectorate or at the General Police Department of Bucharest Municipality, as the case may be, within whose domicile, which will organise the evidence of qualified staff (8) The request for approval shall be made by the head of the establishment holding the qualification courses or, as the case may be, of the one where the security personnel or the bodyguard is employed. (9) The inclusion of personnel in the service of security of objectives, goods, values or bodyguard shall be made on the basis of the opinion provided in par. ((4), of the criminal record certificate and of the attestation received at the end of the qualification course and shall be communicated, within 10 days, as the case may be, to the police unit or to the territorial competence gendarmes. (10) In the case of withdrawal of the opinion, that opinion may no longer be maintained in the guard service. (11) The heads of the units provided in art. 1 1 para. (2) who hold state secrets or who carry out activities of strategic interest are obliged to request, in addition to the opinion of the police bodies or the gendarmerie provided in par. (4), and the opinion of the Romanian Intelligence Service for the personnel employed in order to execute the security service. ------------- Article 20 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Section 4 Security through specialized companies + Article 21 (1) specialized security companies shall be established and operated according to the law, with the authorization of the General Inspectorate of Police and with the opinion of the Romanian Intelligence Service. (2) The companies referred to in par. (1) will have as main object the security activity. The staff of these companies is forbidden to collect information that exced the object of activity in the field of security. (3) The leaders of the specialized security companies must obtain the opinion of the county police inspectorate or the General Police Department of Bucharest Municipality, as the case may be, in whose territorial area the respective companies are based. Leaders of specialized security companies are the associate/associations, as well as persons who provide the operative management of security activities, fulfilling positions of administrators, executive directors or other similar functions. (4) The competent police body may grant the opinion of the persons referred to in par. (3) who have Romanian citizenship and domicile in the country, have reached the age of 21, possess training corresponding to their duties, are known with good citizen conduct and have not suffered convictions. ------------- Article 21 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 22 (1) The leaders of specialized security companies shall be obliged to ensure compliance with the legal provisions and regulations of their own in the organization and functioning of this form of security, in the hiring, training and control of personnel, the port uniform and distinctive marks, as well as in the endowment with means of intervention and individual defense, corresponding to art. 18 18-20 of this law. (2) The payment of security services provided by specialized security companies shall be made on the basis of contracts concluded with the beneficiaries. (3) Specialized security companies may not adopt insignia, uniforms, equipment accessories or names similar to those of public authorities likely to lead to confusion between specialized security companies and public authorities. (4) The equipment of the security personnel will be inscribed only with the name and logo of the company, approved on the occasion of authorization. Only the name, logo and telephone numbers of the company are inscribed on the vehicles of the specialized guard companies. Equipping and using gyros or sirens on the vehicles of specialized security companies is prohibited. (5) The specialized security companies, as Romanian legal entities, may associate themselves with foreign security companies, in compliance with the provisions of this law. -------------- Alin. ((4) and (5) of art. 22 were introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Section 5-a Body Guard -------------- Section 5 was introduced by the EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 22 ^ 1 (1) The bodyguard may be exercised by the personnel of specialized security companies, established according to the law, with the authorization of the General Inspectorate of Police. (2) Individuals may engage the bodyguard only on the basis of service contract concluded with the specialized security companies provided in par. ((1). -------------- Art. 22 ^ 1 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 22 ^ 2 (1) The personnel serving the service of the bodyguard shall be obliged to observe the laws in force in their activities and not to harm the rights and freedoms of the citizens in any way. (2) During the service the personnel serving the bodyguard has in addition to the obligations provided in art. 26 lit. f), g), h), i), k), n), o) and the following specific obligations: a) to wear during the uniform service, the insignia, the means of defense and protection with which he is equipped, including the armaments authorized by the police, which he uses only in the cases and under the conditions provided by law. The port of arms is prohibited in the premises of public institutions; b) to defend the person to whom the bodyguard is provided against attacks that endanger life, bodily integrity, health or property; c) take the first measures to save the person receiving the bodyguard, when he was injured; d) not to execute, at the request of the beneficiary of the bodyguard, activities exceeding the limit of his legal duties; e) notify the police as soon as they take possession of data or information about the imminent preparation or commission of crimes; f) to stop and immobilize, depending on the possibilities, the persons who committed acts provided by the criminal law against the person to whom the guard provides and to immediately hand them over to the nearest police unit; g) in the case of committing one of the facts referred to in f) to ensure, within the limits of the possibilities, the security of the scene and of the material means of proof until the arrival of the police, without abandoning their mission of bodyguard; h) to subordinate themselves to the state authorities and to give their contest to the performance of their missions for catching criminals, without violating the obligations to the person he has in guard; i) to cooperate with the state authorities with powers in the field of defence, public order and national security. ((3) The mode of action in various situations of personnel serving the bodyguard service is established by the organization and functioning regulations of the specialized security company, approved by the General Inspectorate of Police on the occasion of authorising it. ------------- Art. 22 ^ 2 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 3 Security of transport of important values + Article 23 ((1) The transport of important values consisting of money, debt securities, cheques or other documents of value, precious metals and stones, scientific, technical, cultural and art values, as well as the transport of weapons, munitions, materials explosive, narcotic drugs, toxic or radioactive substances or other hazardous substances or substances shall be carried out with specific means of transport, provided, where appropriate, with gendarmes, public guards, their own guards or companies Specialized security, armed with firearms, under the law. (2) The effects necessary to guard the goods and values provided in par. (1) shall be established, by mutual agreement, by the heads of the units that provide security personnel and beneficiaries, through the security plan and by contract, taking into account the amount, their importance, the operative situation, the means of transport used, duration, weather conditions and legal regulations in force. Regardless of the nature of the transport, its security will ensure at least one armed person. (3) For flocks that provide security for the transport of goods and the values provided in par. (1), the beneficiaries shall ensure, as appropriate, appropriate conditions for the performance of the service, as follows a) service compartment or on-call body wagons for rail transport; b) armored cars for carrying values; c) semi-linear or specially designed machinery for the transport of motor vehicles; d) specially designed or reserved compartments for naval or air transport. ------------- Article 23 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 24 (1) The means for transporting the values and goods referred to in art. 23 23 para. (1) it is certified according to the law, it is properly arranged, it is equipped with technical security and alarm devices, to ensure the full security of the accompanying persons and the transported values, and equips themselves with the technique of radio broadcasts, on frequencies approved according to the law. (2) During transport of values outside the localities or when the situation in the area requires it, the head of the unit will provide at least one accompanying crew for security and protection of values. (3) The designated person or the guard, provided in par. 2, may be armed with firearms, under the law. ------------- Alin. ((1) and (2) of art. 24 were amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 25 (1) The heads of the units are obliged to provide security, mechanical-physical means of protection and alarm systems against burglary, in the places of storage, storage and handling of goods and values provided in art. 23 23, of magnetic data and information media, of documents and data of a state secret character, as well as in places where activities that have such a character are carried out. (2) The mechanical-physical protection elements incorporated into the buildings intended for the storage, storage and handling of goods and values of any kind must be certified as resisting burglary. (3) Through elements of mechanical-physical protection within the meaning of this law are understood walls, nets, armour, iron houses, metal cabinets, hoards, windows and protective film, grilles, doors and locks. (4) The alarm systems against burglary within the meaning of this law mean an assembly of electronic equipment composed of the central control and optical and acoustic signalling, presence, antishock and acoustic detectors, buttons and pedals. panic, access control and closed circuit television, with possibilities for recording and storing images and data, likely to ensure a protection corresponding to the objectives and persons. (5) The installation, as well as any modification to the alarm systems against the efaction shall be carried out only after the approval of the projects by the competent police body or, in the situation provided for in art. 18 18 para. (3), by the competent unit of gendarmes, which controls the stage of the works, including the commissioning. (6) The projects of alarm systems against burglary shall be drawn up in accordance with the technical norms established by Government decision. ------------ Article 25 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 4 Obligations and rights of security personnel + Article 26 Security personnel are obliged to know and respect their duties, being directly responsible for the security and integrity of the objectives, goods and values entrusted. During the service, security personnel are obliged to: a) to know the vulnerable places and points within the perimeter of the objective, in order to prevent the occurrence of any acts likely to cause damage to the guarded units; b) to guard the objective, the goods and the values received in security and to ensure their integrity; c) allow access to the objective only in accordance with the legal regulations and internal provisions; to carry out the control at the entrance and exit from the premises of the persons, means of transport, materials, documents and other goods; d) not to allow access to the objectives guarded by persons in a state of inebriation; e) to stop and legitimize people about whom there are data or indications that they have enjoyed crimes or other wrongdoing in the guarded objective, those that violate the internal norms established by their own regulations, and in the case of crimes flagrant, stop and hand over to the police the perpetrator, the goods or the values that are the subject of the crime or other illicit acts, taking measures for the preservation or security of them, while drawing up a report on the taking of these measures; f) to inform, immediately, the management of the unit and the hierarchical head about the occurrence of any event during the execution of the service and about the measures taken; g) in case of damage caused to installations, pipes or tanks of water, fuels or chemical substances, to electrical or telephone networks and in any other circumstances that are likely to cause damage, to immediately inform to those in such events and to take the first measures immediately after the finding; h) in case of fires, immediately take measures to extinguish and rescue persons, goods and values, notify firefighters and notify the management of the unit and the police; i) to take measures to save persons, goods and values in case of calamities; j) to notify the police about any act of nature to damage the patrimony of the unit and to give the contest for the fulfillment of the missions that lie with the police for catching criminals; k) to keep state and service secret, if, by the nature of its duties, it has access to such data and information; l) to wear during the service the armaments with which it is equipped and to make use of the weapon only in the cases and conditions provided by law; m) to wear the uniform and distinctive insignia only during the service; n) not to appear at work under the influence of alcoholic beverages nor to consume such beverages during the service; not to be absent without thorough reasons and without prior notice to the management of the unit about it; o) execute the provisions of the hierarchical chiefs and be respectful in the service relations; p) to execute, in relation to the specifics of the objective, the goods or the guarded values, any other tasks entrusted to him according to the security plan. + Article 27 The head of the guarding band, in addition to the obligations provided 26, also has the following tasks: a) organize, conduct and control the security activity, as well as the execution of the service by the subordinate personnel; b) to inform, immediately, the management of the unit and the police about the events regarding the security activity and to keep their records; c) propose to the management of the unit measures to improve the security activity; d) to keep records of the armaments and ammunition from the equipment of the security personnel, to ensure their preservation, maintenance, storage and use, according to the law; e) to execute the specific professional training program of the subordinate security personnel. + Article 28 Security personnel are assimilated, during the execution of the service, to persons who perform a function involving the exercise of public authority. + Chapter 5 Obligations of unit managers + Article 29 (1) The heads of the units provided in art. 1, in which security systems operate, have the following obligations: a) are responsible for the organization and operation of the security of the units, goods and values they hold, with any title, these units; b) thoroughly analyze the strict security needs and establish the necessary personnel, in relation to the importance, size and vulnerability of the respective units, with the specificity of the production and with the place of their arrangement. At the objectives in which the guard is executed with gendarmes, the analysis and the establishment of the measures shall be carried out together with the commander of the gendarme unit who approved the c) ensure, for the execution of the guard service, the selection of persons with appropriate moral profile, with physical and professional skills necessary for this activity; d) take specific training measures of the security personnel and control how he performs his duties; e) ensure the execution of the facilities and facilities necessary to carry out the security service, as well as the introduction, maintenance and maintenance in the working order of the technical connecting, security and alarm systems against the efaction; f) ensure the equipping of security personnel with uniform and distinctive insignia, under the law; f ^ 1) provides on-call corps for the personnel of gendarmes intended for the security service and the funds necessary to cover its operating expenses; f ^ 2) conclude service contracts in the field of security, bodyguards, transport of values, for the realization of mechanical-physical means of protection and the installation of alarm systems against burglary, only with companies or authorized persons or bodies of public guards; g) ensure the spaces and facilities necessary to keep the armaments and ammunition intended for the security service; h) establish rules on access and movement within the guarded objective; i) establish responsibilities for the heads of the work compartments, in terms of security and safety of machinery and installations. (2) The performance of these tasks is carried out with the specialized support of the police. ------------- Point b) of par. ((1) art. 29 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. Points f ^ 1) and f ^ 2) of par. ((1) art. 29 were amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 6 Duties of the Ministry of Interior + Article 30 In order to ensure the security and safety of objectives, goods and values, the units of the Ministry of Interior have the following a) ensure the security with gendarmes of the objectives, goods and values, established by Government decision or, as the case may be, by order of the commander of the Romanian Gendarmerie, under the conditions of this law; b) endorses the security plans at the units to which the guard is not provided with gendarmes, provides specialized support in the organization of the guard at these facilities, in the training of the security personnel and established by the security plan; c) provide assistance in the organization of guard and bodyguard activity and ensure, free of charge, the necessary armaments in order to equip public institutions authorized by the law of establishment, organization and operation to own and use firearms and ammunition, with the exception of those in the defence, public order and national security system; provides by tenancy, within the limits of the availability, the armaments necessary to equip the security personnel for the other units; d) advise the classification of the security personnel or withdraw the opinion granted to him, under the law; e) authorizes the operation of specialized security companies and issues the opinion for their leaders; f) authorizes the activity of design, production, installation and maintenance of alarm systems against efaction or their components, as well as means of mechanical-physical protection and monitoring of alarms, in objectives, advise the leaders and technical staff of the companies specialized in these areas or withdraw this opinion when the conditions of the law are no longer met; g) control the manner in which the legal provisions on the security of objectives, goods and values, as well as those on the bodyguard are observed and determine the measures to be taken, and the deadlines in which they must be taken met by the head of the unit ------------- Article 30 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 7 Alarm systems against burglary + Article 31 (1) In the framework of measures to safeguard objectives, goods and values, the heads of the prestate units, as well as of the beneficiary units, shall be obliged to ensure only the use of means of mechanophysical protection and the alarm against The fraction that are certified. (2) Certification of the quality of the mechanophysical protection means provided in par. (1) and their components produced in Romania or imported shall be made by a testing laboratory in the country, authorized and accredited, according to the law. (3) They are exempted from the provisions of par. (1) units in the defence, public order and national security system. ------------- Art. 31 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 32 In the projects of execution of constructions intended for the production, preservation or possession of goods or important values or works of modernization, modification and transformation thereof must be provided for the construction or introduction means of mechanical-physical protection and installation of technical security systems and alarm against burglary. ------------- Article 32 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 33 (1) Individuals or legal entities of private law may carry out activities of design, production, installation and maintenance of alarm systems against the efaction or their components, as well as means of protection mechano-physical, only with the authorization of the General Inspectorate of Police (2) The natural or legal persons referred to in par. (1) are obliged within 10 days to communicate, in writing, to the competent police unit any change in the structure and organization of the activity for which they were authorized. (3) The issuance of the opinion for the heads of the specialized companies provided in (1) and for their technical staff shall be carried out by the county police inspectorates or the General Police Department of Bucharest, within which the company is based. (4) The heads of specialized companies referred to in par. (1) will also be approved by the Romanian Intelligence Service. (5) Endorsement of heads of companies specialized in the fields provided in par. (1) and the technical staff shall be made in compliance with the conditions provided in art. 19 19, except for the age condition. ------------- Art. 33 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 33 ^ 1 It shall be prohibited to trade, in any manner, the means of alarm against the efaction, the means of mechanical protection or their components, without the presentation of the quality certificate, issued by an authorized laboratory in the country, the national or international standard and without specifying the safety class according to the European rules in which it falls. ------------- Art. 33 ^ 1 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 33 ^ 2 Beneficiaries, leaders and staff of specialized companies in the field of alarm systems and mechano-physical means of protection are obliged to maintain the confidentiality of information relating to the systems installed or held in maintenance. ------------- Art. 33 ^ 2 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 34 The classification of alarm systems against burglary is made in relation to the importance of goods and values to be defended and with the category of importance of construction, by insurance companies. + Chapter 8 Sanctions + Article 35 Failure to comply with the provisions of this law shall entail, as the case may be, civil, material, disciplinary, contravention + Article 36 It constitutes contraventions to this law the following facts, if not committed under such conditions that, according to the criminal law, to constitute crimes: a) failure to take measures to organize and operate the guard, provided in art. 3, 4, 5 para. ((4), 14, 15 and 16; b) failure to take measures provided in art. 24 24 para. (1) or non-compliance with 25 25; c) failure to prepare the security plan, according to art. 5, or the transport of values, according to art. 23 23 para. ((2), and failure to perform the tasks provided for in these or the measures established by the police d) the classification or maintenance of security personnel, of any kind, with non-compliance with the provisions of art. 19 19 para. ((1) and of art. 20 20; e) the violation by the security personnel or the bodyguard of the obligations provided in art. 22 ^ 2, art. 26 lit. a)-e), f), j), k)-n) and art. 27 lit. a), b), d) and e); f) failure by the heads of the units of the obligations provided in art. 20 20 para. ((9), art. 29 lit. a), b), d), e), f) and g) and in art. 33 33 para. ((2); g) non-compliance with 22 22 para. ((1), (3), (4) and (5), of art. 22 ^ 1 para. (2), of art. 33 33 ^ 1 and 33 ^ 2; h) the installation of technical alarm systems against the efaction or their components, in violation of the provisions of art. 31 31 para. (1), as well as non-compliance with 32 32 and art. 42 42 para. ((2), (3), (5), (6) and (7). -------------- Article 36 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 37 The contraventions provided in art. 36 36 shall be sanctioned as follows: a) with a fine of 5,000,000 lei to 10,000,000 lei, the contraventions provided in lett. g) and h); b) with a fine from 2,000,000 lei to 5,000,000 lei, the contraventions provided in lett. a), b), c), d) and f); c) with a fine from 200,000 lei to 1,000,000 lei, the contraventions provided in lett. e). -------------- Article 37 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 37 ^ 1 (1) The commission within a period of 3 months of at least two of the contraventions provided in art. 36 lit. g) and h) attract the suspension, for a period of one month to 3 months, of the right of the sanctioned company to conclude new contracts and to hire staff. (2) The measure provided in par. (1) shall be ordered, on the proposal of the ascertaining agent, by the county police inspectorate or by the General Police Directorate of the Municipality of Bucharest within the radius of which the sanctioned company is based and communicated to the General Inspectorate of Police. (3) The police unit referred to in par. (2) will communicate, in writing, the measure of suspension, to the sanctioned company, which may challenge it in justice, under the law. -------------- Art. 37 ^ 1 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 37 ^ 2 (1) The commission of one of the following acts entails the cancellation of the operating authorization a) the commission, by the leaders of the specialized security company or of those authorized in the field of alarm systems against the efaction or their components, of the means of mechanical-physical protection or of monitoring the alarms of some objectives, of crimes related to the activity of these companies; b) unjustified refusal to ensure the access of police workers and of the gendarmerie specially designated for the exercise of legal control powers, for taking prevention measures in the objectives guarded or assisted by technical means burglar and in the organization of the body guard activity; c) exceeding the limits of the object of activity of the specialized security company, as well as the collection of information that exced it. If the information collected by the staff of the specialized security company is found or that the activities carried out by it concern national security, the competent authorities with attributions in the field of national security; d) unjustified refusal to provide the data, information or documents requested by the representatives of the competent public authorities according to the law, in the performance of their duties; e) the exercise in fact of the attributions of organization and functioning of the activity of the specialized security company by persons who have suffered convictions for crimes committed with intent; f) repetition within one year of one of the facts that attract the measure of suspension. (2) The cancellation of the authorization shall be ordered by the General Inspectorate of Police and shall be communicated to the Trade Register Office within which the specialized security company operates on the expiry of the deadline provided in par. ((5) or on the date of the final stay of the court decision challenging this measure. (3) In the case provided in par. ((1) lit. a) the cancellation of the authorization is ordered after the final stay of the court decision condemning the person concerned. (4) In the cases provided in par. ((1) lit. b), c) and d) the cancellation of the authorization is available on the basis of the reasoned finding act, drawn up by the representatives of the (5) After the cancellation of the authorization the head of the specialized security company is obliged to terminate the contracts concluded with the beneficiaries within 10 days from the written communication of this measure. (6) The measure of cancellation of the operating authorization may be appealed, according to the law, by the sanctioned company, and until the final stay of the court decision does not apply the provisions of par. (5) relating to the termination of contracts with beneficiaries. ------------ ART. 37 ^ 2 was introduced by EMERGENCY ORDINANCE no. 161 of 13 October 2000 published in the OFFICIAL GAZETTE no. 557 557 of 9 November 2000. + Article 37 ^ 3 (1) The measure of withdrawal of the opinion of the security personnel or bodyguards shall be compulsorily taken in the following situations: a) the person has committed a crime in connection with the service; b) the person was sanctioned contraventionally at least twice in a month for violating the provisions of art. 26 and 22 ^ 2 or the norms of social coexistence, public order and tranquility; c) the person has lost the necessary physical skills in order to perform the guard or bodyguard function. (2) The measure of withdrawal of the opinion is proposed by the ascertaining agent who has been notified that the security personnel or the bodyguard are in any of the situations provided in par. (1) and shall be ordered by the authorities provided in art. 20 20 para. ((4). (3) The person to whom the opinion has been withdrawn may challenge this measure in law, under the law. (4) At the level of the General Inspectorate of Police will be organized a computerized record of all persons who were attested for the security service, as well as those to whom the opinions were withdrawn by the competent units of Ministry of the Interior. ------------- Art. 37 ^ 3 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 38 (1) The finding of contraventions and the application of the sanctions provided for in this law shall be made by the police, gendarmes, as well as by the mayor or his/her powers, according to their respective competences, according to the (2) After the expiry of the legal deadline for contesting the minutes by which the contravention was found or after the final and irrevocable stay of the court decision by which the measure applied is considered legal, the ascertaining agent has the obligation to communicate the measure of contravention to the county police inspectorate or the General Police Department of Bucharest Municipality, as the case may be, on the territory of which the specialized security company is sanctioned. ------------- Article 38 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 39 Against the minutes of finding the contravention and the application of the sanction can be made complaint, within 15 days from the communication, at the court in whose territorial area the contravention was enjoyed. + Article 40 Contraventions provided for in this law, except those regulated in art. 36 lit. g) and h), their provisions are applicable art. 25 25 and 26 of Law no. 32/1968 *) on the establishment and sanctioning of contraventions, with subsequent amendments and completions. -------------- Article 40 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. -------------- * *) Law no. 32/1968 has been repealed by ORDINANCE no. 2 2 of 12 July 2001 published in MONITORUL OFFICIAL no. 410 410 of 25 July 2001. + Article 40 ^ 1 They constitute crimes and are punishable by imprisonment from 6 months to 3 years the following facts: a) exercising without authorization the activity of guarding the objectives, goods, values or bodyguard; b) the exercise without authorization of the activity of design, production, installation and maintenance of means of mechanical-physical protection or alarm systems against burglary; c) exercise of the activities referred to in a) and b) during the period of suspension of the authorization or cancellation thereof. -------------- Art. 40 ^ 1 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 40 ^ 2 Involvement by the heads of the units with their own security, specialized security bodies or specialized companies to guard their personnel in force actions, forced execution, debits, labor conflicts or resisting the actions to restore the order of law by the competent public authorities shall be punishable by imprisonment from 1 to 5 years, if the act does not constitute a more serious crime. -------------- Art. 40 ^ 2 was introduced by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Chapter 9 Final provisions + Article 41 The security of objectives, goods and values belonging to the components of the national defence system shall be ensured in accordance with the regulations established within these institutions. + Article 42 (1) The body of public guards, specialized security companies and those in the field of alarm systems authorized by the General Inspectorate of Police can set up area dispatches to monitor and transmit alarms. from connected electronic systems. (2) Establishment of area dispatches according to par. (1) is made only after the approval of the project and the organization and functioning regulation by the General Inspectorate of Police. (3) The opinion referred to in paragraph (2) is also mandatory for companies that only carry out the technical monitoring of the systems. (4) The payment of monitoring services by dispatching of the local alarm system shall be made on the basis of contracts concluded with their beneficiaries. (5) The intervention of mobile crews in case of reception of alarm signals from connected subscribers will be carried out with qualified personnel from the bodies of public guards or specialized security companies. (6) In situations where the intervention is confirmed and its own forces are exceeded by the scale of the event, the local police are notified by dispatch to catch the criminals and to investigate the scene. In the other cases, after catching the offenders, they will be handed over immediately to the territorial competent police units. (7) The mention in the plan of guarding that the objective is ensured by connecting the alarm system to a dispatcher for monitoring and transmission of alarms is mandatory. -------------- Art. 42 was amended by EMERGENCY ORDINANCE no. 161 161 of 13 October 2000 published in MONITORUL OFFICIAL no. 557 557 of 9 November 2000. + Article 43 Specialized security companies, as well as natural and legal persons who carry out activities of design, production, installation and maintenance of alarm systems against burglary, established until the occurrence of this law, are obliged that within 3 months from its publication they obtain the authorisations provided for in art. 21 and, respectively, art. 33. + Article 44 This law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania. Same date Decree no. 477/1983 on the security of goods, and any other provisions contrary to this law shall be repealed. This law was adopted by the Chamber of Deputies at its meeting on March 11, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at its meeting on March 11, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT DAN VASILIU -----------------