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Law No. 56 Of 16 April 1997 Implementing The Convention On The Prohibition Of The Development, Production, Stockpiling And Use Of Chemical Weapons And On Their Destruction

Original Language Title:  LEGE nr. 56 din 16 aprilie 1997 pentru aplicarea prevederilor Convenţiei privind interzicerea dezvoltării, producerii, stocării şi folosirii armelor chimice şi distrugerea acestora

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LEGE no. 56 56 of 16 April 1997 (** republished) (* updated *) for the application of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction * * ((updated until 1 February 2014 *)
ISSUER PARLIAMENT




----------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: LAW no. 187 187 of 24 October 2012 ; LAW no. 255 255 of 19 July 2013 . The content of this act is not an official document, being intended to inform users ------------ ** **) Republicated pursuant to art. II of Law no. 448/2003 amending and supplementing Law no. 56/1997 for the application of the provisions of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, giving the texts a new numbering. Law no. 56/1997 was published in the Official Gazette of Romania, Part I, no. 67 67 of 17 April 1997. Subsequent to the adoption, it was amended and supplemented by: - Law no. 387/2003 on the control regime of exports of dual-use products and technologies, published in the Official Gazette of Romania, Part I, no. 698 698 of 6 October 2003; - Law no. 448/2003 , published in the Official Gazette of Romania, Part I, no. 828 828 of 22 November 2003. + Chapter I General provisions + Article 1 This Law regulates the application of the provisions of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, signed in Paris on 13 January 1993, Law no. 125/1994 , published in the Official Gazette of Romania, Part I, no. 356 356 of 22 December 1994. + Article 2 For the purposes of this Law 1. The Convention shall mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction, signed in Paris on 13 January 2. The Organization is understood by the Organization for the Prohibition of Chemical Weapons, based in The Hague (Kingdom of the Netherlands). 3. If this law does not specify otherwise, lists shall be understood as lists no. 1 1, 2 and 3 of Annex no. 1 to the present law. 4. Chemical weapons shall mean the following elements, taken together or separately: a) toxic chemicals and their precursors, with the exception of those intended for non-prohibited purposes by convention, as long as the types and quantities are in conformity with such purposes; b) ammunition and devices specifically designed to cause death or other harm by toxic action of toxic chemicals specified in lit. a), which would be released as a result of the use of such munitions and devices; c) any equipment specifically designed to be used in direct connection with the use of munitions and devices specified in lit. b). 5. The toxic chemical means any chemical that, by its chemical action on biological processes, may cause death, temporary incapacity or permanent injury to humans or animals, regardless of its origin or method of production and whether it is obtained in installations, in binary munitions or elsewhere. 6. By precursor means any chemical reagent that participates, in any phase, in the production, by any methods, of a toxic chemical, including any basic component of a binary or multicomponent chemical system. 7. Old chemical weapons refer to one of the following categories: a) chemical weapons that were produced before 1925; b) chemical weapons produced in the period 1925-1946, which have deteriorated, so that can no longer be used as chemical weapons. 8. Abandoned chemical weapons are chemical weapons, including old chemical weapons, abandoned by a state on the territory of another state, without its consent, after January 1, 1925. 9. The substance for combating public disorders shall mean any chemical not listed in the lists of toxic chemicals and precursors in Annex no. 1 to this law, which can quickly produce a sensory irritation or physical incapacity that disappears shortly after the end of exposure. 10. Unprohibited purposes by convention are: a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; b) protection purposes, namely those purposes in direct relation to protection against toxic chemicals and chemical weapons; c) military purposes not related to the use of chemical weapons and which do not depend on the use of toxic properties of chemicals as a method of war; d) purposes for ensuring compliance with laws, including combating public disorders. + Article 3 (1) The toxic chemical substances and precursors for which control regimes are established are those registered in the lists, as defined in art. 2 2 section 3 3, as well as other chemical substances not included in the lists, which correspond to the definitions in art. 2 2 section 5 5 and 6. (2) Other definitions of the technical notions contained in this Law are set out in Annex no. 2 2 to this. + Article 4 ((1) To any person, in any situation, he shall be prohibited: a) the development, production, acquisition, possession or transfer to other persons, directly or indirectly, of chemical weapons; b) use of chemical weapons; c) hiring, in any way, military preparations for the use of chemical weapons; d) helping, encouraging or determining, in any way, other persons to engage in an activity prohibited by this law; e) the use, as means of war, of substances to combat public disorders. (2) By person means any natural or legal person, located on the territory of Romania, including public authorities. (3) The provisions of par. (1) shall also apply to Romanian individuals, located outside the national territory, in accordance with international law. + Article 5 (1) The National Export Control Agency, hereinafter referred to as the Agency, is the specialized body of the central public administration, with legal personality, subordinated to the Ministry of Foreign Affairs, which oversees and coordinates all activities concerning the application of the Convention (2) The Agency shall ensure the control of the production, use, import and export of toxic chemicals and their precursors, so that the respective activities are carried out in accordance with the provisions of this Law. ((3) The Agency shall be the national authority for the application of the provisions of the Convention and of this Law and shall ensure, in accordance with them, relations with the Organization, as well as with similar national authorities (4) The organization, operation and endowment of the Agency, for the purpose of carrying out its duties under this law, shall be established by Government decision. (5) The Agency is headed by a President with the rank of Secretary of State appointed by decision of the Prime Minister. (6) In order to carry out the functions provided in ((1)-(3) The Agency has the following tasks: a) authorizes the operation of the plants and/or laboratories in which the chemicals listed in the list no. 1 1, used for non-prohibited purposes, and systematically verify, by on-site inspections, the chemicals and facilities and/or laboratories mentioned; b) develop and transmit to the Organization the national, initial and annual declarations on the chemicals listed in the list no. 1 1 and installations for their production for non-prohibited purposes; c) systematically verify compliance with the regimes on chemicals registered in the lists no. 2 2 and 3 and their production facilities, on the basis of the data provided by the owners of the installations and by on-site inspections; d) develop and transmit to the Organization the national, initial and annual declarations on the chemicals listed in the lists 2 and 3, as well as the platforms that produce, process, consume, import or export these chemicals; e) notifies the Organization of the transfers of chemicals listed in 1, at least 30 days prior to their performance; f) are exempted from the provisions of lett. e) transfers having as object saxitoxin, in quantities of 5 milligrams or less, for medical purposes, which will be notified to the Organization during that transfer; g) issue final user certificates for imports of chemicals listed in the lists; h) verify, on the basis of data and on site inspections, the platforms that produce through the synthesis of defined organic substances, not listed; develop and transmit to the Organization national, initial and annual declarations on these platforms; i) collect from the holders of the objectives provided in lett. a), c) and h) the data necessary to draw up national declarations and organize the national data bank; j) transmit to the Organization, no later than 30 days from the date of entry into force of the Convention, the declaration on substances to combat public disorders; k) ensure, together with other competent public authorities, the conditions necessary for the execution of international inspections, in accordance with the provisions of the convention l) ensure, together with the Ministry of National Defence and the Ministry of Internal Affairs *), on the basis of a joint cooperation plan, coordination of the activities of the competent national institutions, in order to implement the international cooperation and the provision of emergency assistance, for which cooperation agreements and protocols are concluded; m) conclude agreements and cooperation protocols with other national institutions and bodies in order to ensure compliance with the provisions of the Convention and of this Law; n) cooperate with the Organization and national authorities in other states in order to effectively enforce the provisions of the Convention; o) conclude agreements, memoranda of understanding or collaboration protocols with similar authorities in other states-parties, in its field of activity; p) informs the Government on the way of carrying out the provisions of the convention and the present law. ------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: Under lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of December 22, 2012, in the normative acts in force, the name of the Ministry of Administration and Interior is replaced by the Ministry of Internal Affairs. + Chapter II Declarations + Article 6 (1) The Ministry of Foreign Affairs, Ministry of National Defence, Ministry of Economy *) elaborates, until the date of entry into force of the Convention, together with the Agency, and subject to the Government's approval an official declaration, whereby Romania declares whether: a) has in the property or possesses chemical weapons; b) on the national territory there are chemical weapons or installations for their production, belonging to another state; c) transferred or received, directly or indirectly, after January 1, 1946, chemical weapons; d) has on the national territory old chemical weapons or abandoned chemical weapons or if abandoned chemical weapons on the territory of other states; e) has or had in the property or in possession, after January 1, 1946, chemical weapons production facilities; f) transferred or received, directly or indirectly, after January 1, 1946, equipment for the production of chemical weapons. (2) The official declaration provided in par. (1) must specify the site, nature and purpose of the activities of any installations or objectives, including laboratories and polygons of experimentation, located on the territory of the Romanian state or owned or in its possession, which were designed, constructed or used after 1 January 1946, mainly for the development of chemical weapons. (3) The provisions of this Article shall not apply to any chemical weapons, buried on the territory of Romania before 1 January 1977, if they remain buried. (4) The official declaration provided in par. (1) is transmitted to the Organization, through the care of the Ministry of Foreign Affairs, within 30 days from the date of entry into force of the convention. ------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By Government Decision no. 47 47 of 19 February 2013 ,, published in the Official Monitor no. 102 of February 20, 2013 was ordered the organization and functioning of the Ministry of Economy. + Article 7 (1) Ministries and other public authorities, which have substances to combat public disturbances, are required to submit to the Agency, by the date of entry into force of the Convention, declarations on each substance in this category. (2) Any modification to the original declaration, provided in par. ((1), shall be communicated to the Agency at least 60 days before it becomes effective. + Article 8 ((1) The person holding the single-scale plant for the production of the chemicals listed in the list no. 1, established in accordance with the provisions of art. 17 17, as well as persons holding chemicals listed in the list no. 1 and/or installations for their production for protective purposes or for research, medical or pharmaceutical purposes, authorized in accordance with the provisions of art. 18 18 or art. 19 19, shall be obliged to submit to the Agency, by the date of entry into force of the Convention, declarations relating to the chemical substances, the name, the site and the detailed technical description of the facilities or their relevant parts. The declaration relating to the single-scale installation shall also include an inventory of the equipment and detailed schemes. (2) For new installations, which fall within the provisions of par. ((1), or in the case of amendments to existing ones, the statements shall be transmitted at least 210 days before the commissioning or, as the case may be, of the changes. (3) Persons who own the installations referred to in par. (1) are obliged to submit, every year, to the Agency: a) detailed annual statements on the activities carried out in the previous calendar year; b) detailed annual declarations on the activities envisaged for the following calendar year. ((4) Persons who own and use the chemicals listed in the list no. 1 are obliged to submit each year to the Agency detailed annual declarations relating to the activities carried out in the previous calendar year. ((5) Persons who carry out programs for protection purposes, as defined in art. 2 2 section 10 lit. b), are obliged to submit annually to the Agency, by 1 October at the latest, information on the programmes provided for the following year. + Article 9 ((1) Persons who import or export the chemicals listed in the list no. 1, in accordance with the provisions of the convention and head. IV of this Act, are required to require the Agency to issue a license at least 60 days prior to the operation. (2) Persons who import or export saxitoxin in quantities of 5 milligrams or smaller, intended for medical purposes, are exempted from the provisions of par. ((1) and are obliged to notify the Agency of that operation before it is carried out. (3) Persons referred to in par. ((1) and (2) are obliged to transmit annually to the Agency, under the conditions laid down in art. 14 14 para. ((1) lit. b), a detailed statement on the operations carried out in the previous calendar year. The declaration shall contain quantitative specifications and specify the final use for each substance and the country concerned. + Article 10 ((1) Persons holding platforms, comprising one or more installations which have produced, processed or consumed, in any of the previous 3 calendar years or are anticipated to produce, process or consume in the following calendar year chemicals listed in list no. 2, shall submit to the Agency: a) initial declarations; b) annual statements on the activities carried out in the previous calendar year; c) annual declarations on the activities referred to for the following calendar year ((2) The quantitative thresholds for the initial and annual declarations on the chemicals listed in list no. 2 2 are: a) 0.5 kilograms for BZ (no. crt. 3 3); b) 50 kilograms for amiton (no. crt. 1 1) and for PFIB (no. crt. 2 2); c) 500 kilograms for precursors (no. crt. 4-14 4-14). (3) Initial and annual statements shall be transmitted, under the conditions laid down in art. 14 14 para. ((1) lit. a) and b), and persons who imported or exported chemicals registered in the list no. 2. The statements must contain quantitative specifications and specify the final use for each substance and for each country involved. (4) Initial statements shall be transmitted, under the conditions laid down in art. 14 14 para. ((1) lit. a), and persons who own or owned any installation that produced, after January 1, 1946, substances registered in the list no. 2 for purposes of chemical weapons. + Article 11 ((. Persons holding platforms, comprising one or more installations which have produced in the previous calendar year or anticipate that they will produce in the following calendar year more than 20 tonnes of a chemical listed in the list no. 3, are obliged to submit to the Agency a) initial declarations; b) annual statements on the activities carried out in the previous calendar year; c) annual declarations on the activities referred to for the following calendar year (2) Initial and annual statements shall be transmitted, under the conditions laid down in art. 14 14 para. ((1) lit. a) and b), and persons who imported or exported chemicals registered in the list no. 3. The statements must contain quantitative specifications and specify the final use, for each substance and for each country involved. (3) Initial statements shall be transmitted, under the conditions laid down in art. 14 14 para. ((1) lit. a), and persons who own or owned any installation that produced, after January 1, 1946, substances registered in the list no. 3 for purposes of chemical weapons. + Article 12 Persons holding platforms which produced by synthesis, during the previous calendar year, more than 100 tonnes of defined organic substances not included in the lists, with the exception of platforms which exclusively produce explosives or hydrocarbons, are required to transmit to the a) initial declarations; b) annual statements on the activities carried out in the previous calendar year. + Article 13 Persons holding platforms, comprising one or more installations which produced by synthesis, during the previous year, more than 10 tonnes of an organic chemical defined, not included in the lists and containing the phosphorus, sulphur elements or fluoride, are required to transmit to the Agency: a) initial declarations; b) annual statements on the activities carried out in the previous calendar year. + Article 14 (1) The statements provided in art. 8-13 shall be transmitted to the Agency in compliance with the following a) initial declarations, until the date of entry into force of the Convention; b) the annual declarations on the activities carried out in the previous calendar year, until 1 February; c) annual declarations on the activities referred to for the following calendar year, until 1 September; d) activities planned after the transmission of annual declarations, provided in art. 10 10 para. ((1) lit. c) and art. 11 11 para. ((1) lit. c), shall be communicated to the Agency at least 25 days before their start. (2) The annual declarations referred to in par. ((1) lit. b) and c) shall be transmitted from 1998 onwards. + Chapter III Activities not prohibited + Article 15 The development, production, acquisition, possession, transfer and use of toxic chemicals and their precursors are allowed only for non-prohibited purposes, as defined in art. 2 2 section 10 and only in accordance with the provisions of this law. + Article 16 (1) Chemical substances listed in list no. 1 may not be produced, acquired, held, transferred or used, unless: a) is used for research, medical, pharmaceutical or protective purposes; b) the types and quantities of chemicals are strictly limited to those which may be justified by these purposes; c) the overall quantity of chemicals listed in list no. 1, existing at any time in the country for such purposes, does not exceed one ton; d) the overall quantity, produced or acquired by transfer for such purposes, in the country in the course of a calendar year shall not exceed one tonne. (2) Persons who, under the conditions provided in art. 17 17-19 and in art. 23, produce, acquire, own or use chemicals registered in the list no. 1 1 are obliged: a) to draw up and submit for approval to the Agency specific rules on the record of operations carried out with such substances and to keep them in full safety, no later than 10 days after entry into possession; b) ensure compliance with the specific rules laid down in lett. a), in order to exclude any possibilities for evading or using chemicals, entered in the list no. 1, for prohibited purposes. (3) The Agency shall supervise and undertake the measures necessary to comply with the global quantities referred to in paragraph ((1) lit. c) and d). + Article 17 (1) Production of chemicals, listed in list no. 1, for research, medical, pharmaceutical or protective purposes can be done in a unique facility on a small scale, authorized by the Agency. (2) Single-scale installation, provided in par. ((1), must contain reaction vessels mounted in a technological configuration that does not allow continuous operation. The volume of such a reaction vessel may not exceed 100 litres and the total volume of reaction vessels with volumes of more than 5 litres may not exceed 500 litres. + Article 18 Production of chemicals, listed in list no. 1, for protection purposes, in global quantities not exceeding 10 kilograms in the course of a calendar year, may be made, outside the single small-scale installation provided for in art. 17, in a single plant, authorized by the Agency. + Article 19 Production of chemicals, listed in list no. 1, for research, medical or pharmaceutical purposes, without exceeding for each installation the global quantity of 10 kilograms in the course of a calendar year, can be done, outside the single small-scale installation provided for in art. 17, only in installations and/or laboratories, authorized by the Agency. + Article 20 (1) Production, processing and consumption of chemicals registered in the lists no. 2 and 3 can only be achieved for non-prohibited purposes, as defined in art. 2 2 section 10. (2) The activities provided in par. ((1), the platforms that produce, process and consume chemicals registered in the list no. 2 2 and the rigs producing chemicals listed in list no. 3 are subject to the control of the Agency and international checks, in accordance with the provisions of + Chapter IV Import and export operations + Article 21 (1) The chemical substances listed in the lists shall be considered, where appropriate, military or dual-use products, their import and export subject to the control regime of exports of military products or of dual-purpose products and technologies. use, as appropriate. (2) For the purposes of this law, import or export shall be understood and any other non-commercial activities of acquisition outside the national territory or of transfer outside the national territory. + Article 22 ((1) Release of export documents for chemicals listed in list no. 1 is also subject to the presentation of a final user certificate, issued/endorsed by the state authority designated for that purpose from the receiving State of export, or an equivalent document. ((2) Release of export documents for chemicals listed in list no. 2, in the situations mentioned in art. 24, shall not be subject to the presentation of a final user certificate, issued/endorsed by the State authority designated for that purpose from the receiving State of the export, or of an equivalent document. In order to clarify specific issues, the Agency may request any other supporting documents to the exporter. ((3) Release of export documents for chemicals listed in list no. 3, in the situations mentioned in art. 24, is also subject to the presentation of a final user certificate, issued or endorsed by the state authority designated for this purpose from the receiving state of export, or an equivalent document. (. The final user certificate shall indicate, in relation to the substances covered by the export: a) that they will be used only for purposes not prohibited by the Convention; b) that they will not be re-exported; c) the types and quantities; d) final use; e) name and address of the end user + Article 23 ((1) Import and export operations with chemicals listed in list no. 1 may be carried out only with States Parties to the Convention and only for research, medical, pharmaceutical or protective purposes. (2) Chemical substances imported according to par. ((1) may not be re-exported to a third country. + Article 24 ((1) Import and export operations with the chemicals listed in list no. 2 2 shall be carried out only with the parties to the Convention. (2) Chemical substances listed in list no. 3 may be exported to states that are not party to the convention, in compliance with the conditions laid down in art. 22. + Chapter V Control system + Article 25 The Agency shall ensure compliance with the provisions of this law by supervising the production, processing, consumption and import-export data for the chemicals listed in the lists, as well as by inspections at the plants and targets connection with them. + Article 26 (. In order to carry out its tasks, the Agency shall be a control body. (2) The control body of the Agency shall have unhindered access to all necessary objectives, installations, equipment, documents and information, whatever the persons holding, in order to verify compliance with the provisions of the Convention and of the this law. (3) In order to carry out the chemical analyses necessary for the inspection activities, the Agency shall designate chemical laboratories equipped with ((4) The expenses related to the performance by the laboratories designated by the Agency of the chemical analyses necessary for the inspection activities shall be borne by the Agency + Article 27 In the case of carrying out control activities, by on-site inspections, the controlled persons shall have the following obligations: a) presents to the inspection team the data necessary to conduct the inspection, regarding the characteristics of the platform or installation, the activities carried out, the safety, administrative and logistics measures; b) execute, upon request, technological operations in the controlled installation; c) shall, upon request, make available to the inspectors relevant documentation for the purpose of the inspection; d) allow the inspectors to request the staff of the platform or the installation information necessary to establish the relevant facts for the purpose of the inspection, and may object to the questions deemed irrelevant to that objective; e) make available the protective equipment necessary to carry out the inspection or allow the use of the equipment brought by the inspection team, if it corresponds to the specific installation; f) ensure the installation and operation of the continuous surveillance equipment and systems, which they provide or are brought by the inspection team; g) allow, at the request of the inspectors, the photo and/or video recording, by their representatives or the Agency, of relevant elements of the installation, in compliance with the legal provisions on the measures for handling the records, in accordance with their secret nature; h) ensures, at the request and in the presence of inspectors, the collection of samples and their analysis, if they have the necessary conditions; they retain samples from the samples taken and allow the transfer of samples for chemical analysis to laboratories designated by the Agency or by the Organization; i) participate in the presentation, by the inspection team, of the preliminary results of the inspection, contribute to the clarification of any inconsistencies and request the provision, in writing, by the inspection team, of the preliminary results, of the list of evidence taken and documents withheld. + Article 28 ((1) Installations for the production of chemicals listed in list no. 1 shall be subject to checks by on-site inspections and surveillance with equipment mounted at the plant. (. Verification activities at the single-scale installation shall be pursued if: a) the statements regarding the quantities of chemicals produced are correct and if the quantity provided for in the operating authorization, issued by the Agency, according to the provisions of art. 17 17 para. ((1); b) the limits set for reaction vessels are observed, according to the provisions of art. 17 17 para. ((2). (3) Verification activities at the installations defined in art. 18 18 and 19, which produce chemicals listed in list no. 1, follow if: a) the plant is used for the production of other chemicals, listed in list no. 1, other than those declared; b) the quantities of chemicals produced, processed or consumed have been correctly declared and are compatible with the purposes of the operating authorization; c) chemicals produced are stolen or used for other purposes. (4) In the framework of the checks, carried out by the control body of the Agency, the following provisions of art. 16 16 para. ((2). + Article 29 ((1) The platforms that produce, process or consume chemicals listed in the list no. 2 and who have submitted statements according to art. 10 10 para. ((1) and (2) shall be subject to checks by on-site inspections. (2) The inspections carried out according to the provisions of (1) shall, as a priority, follow the verification a) the absence of any chemical listed in the list no. 1, in particular the production of such substances, outside the regulations provided for in art. 16-19 16-19; b) conformity of declarations, transmitted on the basis of art. 10 10 para. ((1) and (2), with the actual production, processing and consumption levels of the chemicals listed in the list no. 2 2; c) the existence of the situations of diversion of the chemicals listed in list no. 2 for prohibited purposes. + Article 30 ((1) Platforms producing chemicals listed in List no. 3 and who have submitted statements according to art. 11 11 para. ((1) shall be subject to checks by on-site inspections. (2) The inspections carried out according to the provisions of (1) follow the verification: a) the conformity of the activities in these platforms with the statements submitted on the basis of 11 11; b) the absence of any chemical listed in the list no. 1, in particular the production of such substances, outside the regulations provided for in art. 16-19. + Article 31 (1) Platforms declared according to art. 12 12 and 13 may be subject to verification by on-site inspections. (2) The inspections carried out according to the provisions of (1) follow the verification: a) the conformity of the activities in these platforms with the statements submitted on the basis of 12 12 and 13; b) the absence of any chemical listed in the list no. 1, in particular the production of such substances, outside the regulations provided for in art. 16-19. + Article 32 During inspections carried out at the site, the Agency's control body can execute the shooting and video recording of relevant elements, in compliance with the legal provisions on the measures to manipulate the records, in According to their secret character. + Article 33 (1) Public authorities, empowered according to the law to carry out informative activities to prevent and combat crimes, are obliged to transmit to the Agency the data obtained, regarding the violation of the provisions of the (2) The Ministry of Public Finance *), at the request of the Agency, carries out specific checks and informs it on their results -------------- * *) Government Emergency Ordinance no. 90/2003 for amendment Law no. 141/1997 on the Customs Code of Romania and art. 16 of Government Emergency Ordinance no. 64/2003 for the establishment of measures regarding the establishment, organization, reorganization or functioning of structures within the working apparatus of the Government, ministries, other specialized bodies of the central public administration and some public institutions, the tasks specific to the customs domain, which come back to the Ministry of Public Finance from the normative acts in force, shall be taken over by the National Control Authority, except for the customs policy and the normative acts its implementation, the resolution of appeals and the valorisation of goods become state property. In accordance with art. VI of the same ordinance, the name "General Directorate of Customs" was replaced by the "National Customs Authority". Also suitable art. 4 4 of Law no. 141/1997 on the Customs Code of Romania, as amended, the customs activity is exercised through the National Customs Authority, which is organized and operates under the National Control Authority. + Chapter VI International checks + Article 34 (1) In order to verify compliance with the provisions of the Convention, the Organization shall execute initial inspections, routine inspections and on-demand inspections, through inspection teams consisting of inspectors and inspection assistants appointed by it. (2) The inspection teams of the Organization shall be accompanied, during the activities on the territory of Romania, by accompanying teams, established in accordance with the provisions of art. 39 lit. d). (3) The provisions of art. 28 28-32 shall also apply in the case of international inspections. + Article 35 In order to effectively exercise their official duties, inspectors and inspection assistants, accepted according to the provisions of art. 41 41, shall enjoy the privileges and immunities set out in Annex no. 3 to the present law. + Article 36 (1) The objectives for which statements have been submitted, in accordance with the provisions of art. 8 8 and art. 10-13, can be checked by the Organization through initial inspections and routine inspections. ((2) In the framework of the initial inspection, the Agency together with the representatives of the installations producing chemicals listed in the lists no. 1 1 and 2 shall negotiate with the inspection team of the Organisation Agreements setting out in detail the verification procedures applicable to subsequent inspections at the said facilities. ((3) For installations producing the chemicals listed in list no. 3 3, the installation agreement shall be concluded if the Agency finds its opportunity, on the occasion of the first inspection carried out by the Organization on site. + Article 37 (. The Organization may, at the request of another State Party to the Convention, carry out an on-demand inspection, notified to the Agency at least 12 hours before the international inspection team, designated for that purpose, arrives at the point of entry in country. The inspection team may be accompanied by an observer designated by the State requesting the inspection. (2) In order to clarify and eliminate all suspicions regarding a possible non-compliance with the provisions of the convention, the inspection team, designated according to the provisions of par. ((1), shall have access to any installation or site, as well as in any other place on the national territory, specified in the inspection mandate as relevant for the subject matter of the inspection. (3) The Agency and the controlled persons shall have the right and the obligation to make every effort to facilitate the fulfilment of the mandate of the inspection team and to clarify all aspects of compliance with the provisions (4) Controlled persons are obliged to take measures to protect facilities, data and information of a secret nature, which are not related to the subject matter of the inspection. + Article 38 Persons controlled by the inspection teams of the Organization also have, apart from those provided in art. 27, the following obligations: a) ensure, for a fee, the means and services necessary for the inspection team: local transport, communications with the Organization, interpretation, workspaces, accommodation, meals, medical assistance and other services; b) ensure the prevention of disclosure of information and data of a secret nature, which are not related to the object of the inspection; c) provide maps, plans or schemes, to be indicated, at scale, the relevant objectives of the established perimeter; d) allow the application by the inspection team of vehicle traffic surveillance procedures, both by using video and sensor records, and by inspecting and keeping records of vehicles coming out of the perimeter. + Article 39 In order to apply the provisions of the Convention relating to the conduct of international inspections, the Agency shall a) establish together with the Ministry of Internal Affairs * *)-the General Inspectorate of the Border Police-and with the National Control Authority *) the entry/exit points in/out of the country of the inspection teams and transmit them to the Organization at the most 30 30 days from the date of entry into force of the Convention; b) transmit to the National Control Authority *) the list of equipment approved by the Organization, as well as any updates of this list. Also, on the occasion of each inspection, they communicate the list of samples taken by the inspection team, for which the removal from the country is allowed, in accordance with the provisions of 27 lit. h); c) requests the Ministry of Transport * *), respectively the Ministry of National Defence, to issue the authorization of survol/landing, special for non-scheduled civil aircraft, respectively military, owned or rented by the Organization; d) constitute the accompanying team of members of the control corps, representatives of the inspected objective and, where appropriate, representatives of the competent public authorities; e) immediately confirm to the Organization the receipt of the list of inspectors and inspection assistants; f) transmit to the Organization, no later than 30 days from the date of confirmation provided in lett. e), the list of inspectors and inspection assistants who cannot be accepted. --------------- * *) Government Emergency Ordinance no. 90/2003 for amendment Law no. 141/1997 on the Customs Code of Romania and art. 16 of Government Emergency Ordinance no. 64/2003 for the establishment of measures regarding the establishment, organization, reorganization or functioning of structures within the working apparatus of the Government, ministries, other specialized bodies of the central public administration and some public institutions, the tasks specific to the customs domain, which come back to the Ministry of Public Finance from the normative acts in force, shall be taken over by the National Control Authority, except for the customs policy and the normative acts its implementation, the resolution of appeals and the valorisation of goods become state property. In accordance with art. VI of the same ordinance, the name "General Directorate of Customs" was replaced by the "National Customs Authority". Also suitable art. 4 4 of Law no. 141/1997 on the Customs Code of Romania, as amended, the customs activity is exercised through the National Customs Authority, which is organized and operates under the National Control Authority. ------------- **) NOTE C.T.C.E. S.A. Piatra-Neamt: Under lit. b) a par. ((1) art. 32 of EMERGENCY ORDINANCE no. 96 96 of 22 December 2012 , published in MONITORUL OFFICIAL no. 884 of December 22, 2012, in the normative acts in force, the name of the Ministry of Administration and Interior is replaced by the Ministry of Internal Affairs. By Government Decision no. 24 24 of 23 January 2013 , published in MONITORUL OFFICIAL no. 62 of January 29, 2013, the Ministry of Transport was ordered to organize and operate. + Article 40 The accompanying team shall ensure, during the course of the inspection, compliance with the obligations and the exercise by the inspected person of the rights arising from the provisions of the convention. For this purpose: a) examine, at the point of entry, the equipment and equipment brought by the inspection team and accept or reject them, on the basis of the list established by the Organization and the accompanying documents; b) ensure the transport of the team to the objective of the inspection, within 12 hours of arrival at the point of entry; in the case of on-demand inspections, when the final perimeter is negotiated, the maximum period of reaching the objective of the inspection is 36 hours; c) negotiate with the inspection team the details of the inspection conditions; d) participate in the checks carried out by the inspection team, aim to observe strictly the inspection mandate issued by the Organization and to disturb as little as possible the activities in the installation or the perimeter inspected; e) verify, at the end of the inspection, the equipment and equipment, as well as the samples that are taken out of the country by the inspection team and participate in the execution of customs formalities for them. + Article 41 In order to apply the provisions of the convention on the organization and conduct of international inspections by the Organization, the Ministry of Foreign Affairs has the obligation to take the necessary measures for granting diplomatic and consular offices of Romania, no later than 30 days from the date of confirmation of the receipt of the list of inspectors and inspection assistants, of entry-exit, transit visas, for multiple trips, valid for at least 2 years, to allow every inspector and inspection assistant accepted to meet mandate entrusted. + Article 42 Ministry of Public Finance *): a) ensure temporary introduction, without payment of import customs duties and without completing the customs declaration in detail, on the basis of an inventory in two copies, covered by the customs authority, equipment, equipment and samples carried by members of the inspection team, as well as their personal use items, except for import or export items prohibited by law or controlled by quarantine rules, provided that they are removed from the country at the end of the inspection. The customs formalities for equipment, equipment and samples shall be carried out concurrently with their examination by the accompanying team, at the point of entry/exit into/from the country; b) ensure the introduction, without guaranteeing the import customs duties and without completing the customs declaration, of the evidence transmitted by the Organization or by its disposition, in order to analyze by specialized laboratories in Romania; c) provide the accompanying team, at the point of entry/exit, an appropriate space for the examination of the equipment and equipment brought by the inspection team; d) inform the operative of the Agency on the transit operations through Romania of the chemicals registered in the lists, carried out in accordance with the customs legislation, as well as on the results of specific checks laws; e) informs, upon request, the Agency on the import/export operations of chemicals, carried out in accordance with the customs legislation, in order to identify those operations that fall under the present law. --------------- * *) Government Emergency Ordinance no. 90/2003 for amendment Law no. 141/1997 on the Customs Code of Romania and art. 16 of Government Emergency Ordinance no. 64/2003 for the establishment of measures regarding the establishment, organization, reorganization or functioning of structures within the working apparatus of the Government, ministries, other specialized bodies of the central public administration and some public institutions, the tasks specific to the customs domain, which come back to the Ministry of Public Finance from the normative acts in force, shall be taken over by the National Control Authority, except for the customs policy and the normative acts its implementation, the resolution of appeals and the valorisation of goods become state property. In accordance with art. VI of the same ordinance, the name "General Directorate of Customs" was replaced by the "National Customs Authority". Also suitable art. 4 4 of Law no. 141/1997 on the Customs Code of Romania, as amended, the customs activity is exercised through the National Customs Authority, which is organized and operates under the National Control Authority. + Article 43 The Ministry of Transport *) undertakes the following measures regarding aircraft, owned or rented by the Organization, carrying the inspection teams and equipment necessary for the inspection: a) approve the issuance of the survol/landing authorization, special for unscheduled civil aircraft, owned or rented by the Organization, so that the number of this authorization can be transmitted to the Organization by the Agency, no later than 30 days after the entry into force of the Convention and every year until 15 December for the following year; b) at the request of the Agency, it has the approval, with priority, of the overflight of the airspace of Romania or the landings/take-offs on/from the airports in Romania, intended for international air traffic; c) order the insurance, with priority, for a fee, of ground service, security, service and fuel services; d) orders that aircraft be exempt from charges for air navigation services, payment of landing, lighting and stationary charges, payment of charges for the use of en route air navigation services (RNAC) and payment charges for airport and terminal navigation services. ------------- **) NOTE C.T.C.E. S.A. Piatra-Neamt: By Government Decision no. 24 24 of 23 January 2013 , published in MONITORUL OFFICIAL no. 62 of January 29, 2013, the Ministry of Transport was ordered to organize and operate. + Article 44 The Ministry of National Defence approves the issuance of the survol/landing authorization, special for unscheduled military aircraft, rented by the Organization, and communicates to the Agency its number, every year until December 15 for the year next, in order to transmit to the Organization by the Agency. + Article 45 The Ministry for Information Society *) authorizes the use by the inspection team of the Organization's telecommunications means, for links to the headquarters of the Organization, as well as among the members of the inspection team. ------------- **) NOTE C.T.C.E. S.A. Piatra-Neamt: By Government Decision no. 548 548 of 30 July 2013 , published in MONITORUL OFFICIAL no. 492 of August 5, 2013, was ordered the organization and functioning of the Ministry for Information Society. + Chapter VII Other provisions + Article 46 (1) The staff of the Agency who becomes aware of information constituting state, service or commercial secrets shall be obliged to respect their character and to make them known only to the public authorities entitled, under the law. (2) The Agency shall determine, where appropriate, on the basis of an agreement concluded for this purpose with the Organization, the classification category of the secret information to be transmitted to it. + Article 47 The Ministry of Foreign Affairs ensures the operative transmission of statements and other documents between the Agency and the Organization. + Article 48 ((1) The access of the Agency's control body specialists to the objectives and installations covered by this Law shall be based on the mandate issued by the President of the Agency. (2) The access of the international inspection team to the objectives and installations covered by this Law shall be made only together with members of the accompanying team, on the basis of a verbal note issued by the Agency. + Article 49 ((. The Agency shall, upon request, grant expert advice to economic operators and other persons concerned in the application of the toxic chemicals and their precursors. (2) The Agency publishes and disseminates documentary materials and organizes courses, seminars, symposiums and other forms of preparation of economic agents and public authorities, in order to interpret correctly and apply the provisions of the Convention and of this law. + Article 50 The amounts necessary to ensure the offer of assistance of Romania to the Organization through contribution to the voluntary assistance fund, for the procurement and maintenance of equipment or for services covered by this offer, shall be ensured from Agency budget + Chapter VIII Contraventions and offences + Article 51 Violation of the provisions of this law attracts, as the case may be, civil, material, disciplinary, contravention or criminal liability + Article 52 The leaders of legal entities are obliged to ensure compliance with the provisions of this law and to establish the duties of subordinate personnel for their application. + Article 53 (1) It constitutes contraventions and the following facts are sanctioned: a) the transmission of declarations and notifications provided in art. 7-14 with delay of up to 30 days, with a fine of 100,000,000 lei to 300,000,000 lei; b) the transmission of the declarations provided in 7-14 with delay of more than 30 days, as well as the transmission of incomplete or inconsistent data with the activity carried out, with a fine of 300,000,000 lei to 500,000,000 lei; c) non-transmission of declarations according to the provisions of this law, with a fine of 50,000 lei per 100,000 lei ------------ Lit. c) a par. ((1) of art. 53 53 has been amended by section 4.2 1 1 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. d) refusal to allow the members of the Agency's control body to access the objectives and installations subject to this law, preventing them in any way from exercising their legal duties, as well as concealing some data and relevant information regarding them, with a fine from 500,000,000 lei to 1,000,000,000 lei; e) failure to comply with the obligation established according to the 16 16 para. (2) to draw up specific rules on the record of operations carried out with such substances and to keep them in full safety, as well as the violation of these norms, with a fine of 150,000,000 lei to 500,000,000 lei; f) non-transmission, at the request in writing of the Agency, of the documents, data and information requested, at the established deadlines, with a fine of 50,000,000 lei to 200,000,000 lei. (2) The contravention sanctions may also be applied to legal entities. (3) The finding of contraventions and the application of sanctions shall be made by the control body of the Agency. ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. + Article 54 Contraventions provided in art. 53 53 para. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Article 55 (1) The right to use chemical weapons constitutes a crime and is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. (2) The attempt is punishable. ------------ Article 55 has been amended by section 6.6. 2 2 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 56 (1) The development, production, acquisition, possession or transfer, directly or indirectly, of chemical weapons constitutes a crime and is punishable by Snchisoare from 3 to 10 years and the prohibition of some rights. (2) With the punishment provided in par. (1) it is sanctioned to evade toxic chemicals or precursors for their use for the purposes of chemical weapons. (3) The attempt is punishable. ------------ Article 56 has been amended by section 6.6. 3 3 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 57 Repealed. ------------ Article 57 was repealed by point (a). 4 4 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 58 (1) Production of chemicals listed in list no. 1, in quantities above the limits or under conditions other than those provided for in art. 16-19, as well as the import, export, possession or use thereof, without compliance with the provisions of 16 16 para. ((1) and of art. 23, constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) Import and export of chemicals registered in the lists no. 2 and 3, in violation of art. 24, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. (3) The refusal to allow access to the members of the Agency's control corps, together with the Organization's inspection teams, to the objectives and installations covered by this Law, to prevent them, in any way, to exercise the legal powers, as well as the concealment of some relevant data and information relating to them constitute a criminal offence and are punishable by imprisonment from one year to 5 years and the prohibition of rights. (4) The attempt is punishable. ------------ Article 58 has been amended by section 6.6. 5 5 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 59 (1) Criminal prosecution, in the case of crimes provided in art. 55, 56 and 58, are carried out by the prosecutor. ------------ Alin. ((1) of art. 59 59 has been amended by art. 38, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The jurisdiction to judge the offences in the first instance lies with the courts. + Article 60 Repealed. ------------ Article 60 has been repealed by point (a) 6 6 of art. 63, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter IX Final provisions + Article 61 ((1) The Agency shall develop, on the basis of the provisions of this Law, methodological norms on the technical procedures for the application of its provisions, as well as the details and details regarding the application of the Convention, which shall be Conference States Parties to the Convention. (2) The methodological norms provided in par. (1) is approved by order of the President of the Agency and is published in the Official Gazette of Romania, Part I. + Article 62 (1) The present law shall enter into force on the date of entry into force of the Convention, except for the articles specified in par. ((3). (. The date of entry into force of the Convention, established in accordance with art. Its XXI is 29 April 1997. (3) The provisions of art. 2 2, art. 3 3, art. 5 5, art. 6 6, art. 7 7, art. 8 8 para. ((1), art. 10 10 para. ((1) lit. a) and para. ((2), (3) and (4), art. 11 11 para. ((1) lit. a), art. 11 11 para. ((2) and (3), art. 12 lit. a), art. 13 lit. a), art. 14 14 para. ((1) lit. a), art. 25 25, art. 46 46, art. 48 48 para. ((1), art. 49-52 49-52, art. 53 53 para. ((1) lit. a), b) and c), para. ((2), (3) and (4), art. 54 54 and art. 61-63 shall apply from the date of publication of the present law in the Official Gazette of Romania, Part I. (4) On the date of entry into force of this Law, any contrary provision shall be repealed. + Article 63 Annexes no. 1-3 are an integral part of this law. + Annex 1 LISTS OF CHEMICALS LIST No 1 ((CAS number) A. Toxic chemicals: ((1) Alchil (Me, Et, n-Pr or i-Pr) fluorophosphonates O-alkyl [≤C (10), including cycloalkyl] Examples: Sarin: O-isopropyl methylfluorophosphonate (107-44-8) Soman: O-pinacolil methylfluorophosphonate (96-64-0) (2) Dialchil (Me, Et, n-Pr or i-Pr) amidocyanophosphates of O-alkyl [≤C (10), including cycloalkyl] Example: Tabun: Dimethylamidocyanophosphate of O-ethyl (77-81-6) ((3) Alchil (Me, Et, n-Pr or i-Pr) thiophosphonates O-alkyl [H or ≤C (10), including cycloalkyl]- S-[2-(dialchil (Me, Et, n-Pr or i-Pr) amino) ethyl] and corresponding alkylated or protonated salts Example: VX: Methylthiophosphonate Ethyl-S-[2-(diisopropylamino) ethyl] (50782-69-9) (4) Sulphur Iperite: 2-Cloroethyl-chloromethyl-sulfide (2625-76-5) Iperitis: Bis (2-chloroethyl)-sulphide (505-60-2) Bis (2-chloroethylthio) methane (63869-13-6) Sescviiperitis: 1,2-Bis (2-chloroethylthio) ethane (3563-36-8) 1,3-Bis (2-chloroethylthio)-n-propane (63905-10-2) 1,4-Bis (2-chloroethylthio)-n-butane (142868-93-7) 1,5-Bis (2-chloroethylthio)-n-pentane (142868-94-8) Bis (2-chloroethylthiomethyl)-ether (63918-90-1) Iperite O: Bis (2-chloroethylthioethyl)-ether (63918-89-8) ((5) Lewisite: Lewisitis 1: 2-Clorovinyldichloroarsine (541-25-3) Lewisita 2: Bis (2-chlorovinyl) chloroarsine (40334-69-8) Lewisita 3: Tris (2-chlorovinyl) burning (40334-70-1) (6) Nitrogen nuts: HN1: Bis (2-chloroethyl) ethylamine (538-07-8) HN2: Bis (2-chloroethyl) methylamine (51-75-2) HN3: Tris (2-chloroethyl) amine (555-77-1) ((7) Saxitoxin (35523-89-8) ((8) Ricina (9009-86-3) B. Precursors: (9) Alchil difluoride (Me, Et, n-Pr or i-Pr) phosphonic Example: DF: Difluoride methylphosphonate (676-99-3) ((10) Alchil (Me, Et, n-Pr or i-Pr) O-alkyl phosphonites [H or ≤C (10), including cycloalkyl]-O-[2-(dialchil (Me, Et, n-Pr or i-Pr) amino) ethyl] and alkylated salts, or appropriate protonate Example: QL: Methylphosphonite of O-ethyl-O-[2- ((diisopropylamino) ethyl] (57856-11-8) ((11) Clorosarin: O-isopropyl methylchlorophosphonate (1445-76-7) (12) Chlorosomane: O-pinacolyl methylchlorophosphonate (7040-57-5) LIST No 2 A. Toxic chemicals: ((1) Amiton: O-diethyl-S-[2-(diethylamino) ethyl] and the corresponding alkylated or protonated salts (78-53-5) ((2) PFIB: 1,1,3,3,3, -Pentafluoro-2-(trifluoromethyl) propene (382-21-8) ((3) BZ: Benzilate of 3-quinuclidinil (6581-06-2) B. Precursors: ((4) Chemical substances, except those listed in the list No. 1, containing a phosphorus atom to which a methyl, ethyl or propyl (normal or iso), but neither another carbon atom Examples: Methylphosphonic Dichloride (676-97-1) Dimethyl methylphosphonate (756-79-6) Exception: Fonofos: O-ethyl-S-phenyl ethylthiophosphonate (944-22-9) (5) Dihalogens N, N-Dialchil (Me, Et, n-Pr or i-Pr) amido-phosphoric ((6) N, N-Dialchil (Me, Et, n-Pr or i-Pr) amidophosphates dialchil (Me, Et, n-Pr or i-Pr) (7) arsenic trichloride (7784-34-1) (8) 2,2-diphenyl-2-hydroxyacetic acid (76-93-7) ((9) Chinuclidinol-3-ol) (1619-34-7) ((10) N, N-Dialchil (Me, Et, n-Pr or i-Pr) -2-chloroethylamine and the corresponding protonated salts ((11) N, N-Dialchil (Me, Et, n-Pr or i-Pr) amino-2-ethanols and the corresponding protonated salts Exceptions: N, N-Dimethylaminoethanol and protonated salts Appropriate (108-01-0) N, N-Diethylaminoethanol and protonated salts 100-37-8) ((12) N, N-Dialchil (Me, Et, n-Pr or i-Pr) amino-2-ethantiols and the corresponding protonated salts (13) Tiodiglycol: Bis (2-hydroxyethyl)-sulphide (111-48-8) (14) Pinacolylic alcohol: 3,3-Dimethylbutan-2-ol (464-07-3) LIST No 3 A. Toxic chemicals: (1) Phosphorus: Carbonyl Dichloride (75-44-5) (2) Chlorcian: Cyanogen chloride (506-77-4) (3) Cyanhydroic acid: Hydrogen cyanide (74-90-8) ((4) Cloropicrine: Trichloronithromethane (76-06-2) B. Precursors (5) phosphorus oxychloride: Phosphoryl chloride (10025-87-3) (6) Phosphorus trichloride (7719-12-2) (7) phosphorus pentachloride (10026-13-8) (8) Trimethyl phosphite (121-45-9) (9) Triethyl phosphite (122-52-1) (10) Dimethyl phosphite (868-85-9) (11) Diethyl phosphite (762-04-9) (12) Sulphur monochloride (10025-67-9) (13) Sulphur chloride (10545-99-0) (14) Methionyl chloride (7719-09-7) (15) Ethyldiethanolamine (139-87-7) ((16) Methyldiethanolamine (105-59-9) ((17) Triethanolamine (102-71-6) + Annex 2 DEFINITIONS of technical notions 1. Producing a chemical means getting it through a chemical reaction. 2. The processing of a chemical means a physical process, such as: conditioning, extraction or purification, whereby that substance is not converted into another chemical. 3. Consumption of a chemical means its transformation into another substance, by chemical reaction. 4. CAS number means the number in the Chemical Abstracts Service Registry, corresponding to each chemical substance identifiable by the name and structural chemical formula. 5. The defined organic chemical substance means any chemical, belonging to the class of chemical compounds comprising all carbon compounds, excluding its oxides and sulfuses, as well as metal carbonates, and which may be identified by chemical name, structural formula (if known) and CAS number (if assigned). 6. Inspection mandate means the instructions issued by the Organization for the inspection team, in order to carry out a certain inspection. 7. Inspection assistant means a person designated by the Organization to help the inspectors carry out an inspection or visit, such as: doctor, auxiliary medical staff, security guard, administrative agent or interpreter. 8. Installation refers to any of the industrial objectives defined below: a) The platform (combined, plant, factory) represents a local integrated complex consisting of one or more installations, having intermediate administrative levels, under one management and having a common infrastructure, such as: ((i) administrative offices and other offices; (ii) repair and maintenance workshops; (iii) medical office; ((iv) utilities; ((v) central analytical laboratory; (vi) research and development laboratories; ((vii) central treatment plant; (viii) storage sheds. b) Installation (production plant, workshop) represents a relatively autonomous area, structure or building, containing one or more units, with auxiliary and associated infrastructure, such as: ((i) a small administrative sector; (ii) storage and handling of raw materials and products; (iii) treatment plant; ((iv) analytical control laboratory; (v) first aid service/specific medical office; ((vi) evidence of the entries, movements of the interior and exits of declarable substances and of raw materials or products thereof, as appropriate. c) Unit (productive unit, process unit) represents the combination of equipment (machinery), including reaction vessels and their related installations, necessary for the production, processing or consumption of a substance. 9 9. Dobandire means the import operation, namely the introduction, final or temporary, on the territory of Romania, including the non-commercial reception action outside the national territory, as well as the reception from a person on the national territory. 10 10. Transfer means the export operation, namely the removal, final or temporary, from the territory of Romania, including the non-commercial action of reference outside the national territory, as well as the sending to a person from the territory national. + Annex 3 PRIVILEGES AND IMMUNITIES granted to inspectors and inspection assistants *) * *) According to Section B of Part II of the Annex to the Convention on Verification. 1. In order to exercise their functions effectively, inspectors and inspection assistants will be given privileges and immunities, as stated in lett. a)-i). Privileges and immunities will be given to members of the inspection team on behalf of the convention and not for the personal benefit of those persons. These privileges and immunities will be granted for the entire period between the arrival and departure from the territory of Romania, and after that, taking into account the acts previously carried out in the exercise of their official functions. a) The members of the inspection team will be granted the inviolability enjoyed by diplomatic agents in the application of art. 29 29 of the Vienna Convention of 18 April 1961 on diplomatic relations. b) Housing and office premises, occupied by the inspection team carrying out inspection activities in the application of the convention, shall be granted the inviolability and protection granted to the premises of diplomatic agents in the application of art. 30 30 para. 1 of the Vienna Convention on Diplomatic Relations. c) Documents and correspondence, including the records of the inspection team, will enjoy the inviolability given to all documents and correspondence of diplomatic agents in the application of art. 30 30 para. 2 of the Vienna Convention on Diplomatic Relations. The inspection team will have the right to use codes for its communications with the Organization's Technical Secretariat. d) The approved samples and equipment, brought by the members of the inspection team, shall be inviolable, subject to the provisions contained in the Convention, and shall be exempted from the payment of any customs duties. Hazardous samples will be transported in accordance with the specific regulations. e) The members of the inspection team will be granted the immunities granted to diplomatic agents in the application of art. 31 31 para. 1 1, 2 and 3 of the Vienna Convention on Diplomatic Relations. f) The members of the inspection team, who carry out activities ordered in the application of the convention, will be granted the exemption from taxes and fees, granted to diplomatic agents in the application of art. 34 of the Vienna Convention on Diplomatic Relations. g) The members of the inspection team will be allowed to enter on the territory of Romania, without payment of any customs duty or other similar taxes, articles of personal use, except for items whose import or export is prohibited by law or controlled by quarantine regulations. h) The members of the inspection team will be granted the same foreign exchange and exchange facilities that are granted to representatives of foreign governments, on temporary official missions. i) The members of the inspection team will not engage, on the territory of Romania, in any professional or commercial activity, in order to obtain personal profit. 2. When transiting through the territory of Romania, the members of the inspection teams will be granted the privileges and immunities enjoyed by diplomatic agents in the application of art. 40 40 para. 1 of the Vienna Convention on Diplomatic Relations. Documents and correspondence, including records, as well as approved samples and equipment, brought by them, will be granted the privileges and immunities provided in par. 1 lit. c) and d). 3. Without the damage of privileges and immunities, the members of the inspection team will be obliged to comply with the laws and regulations in force on the territory of Romania and, in so far as this is in agreement with the inspection mandate, not to intervene in internal affairs of the Romanian state. If the Romanian authorities consider that the privileges and immunities specified in this Annex have been abused, consultations shall take place between the Agency and the Director-General of the Organization to determine whether such abuse has taken place and, if established, this, in order to avoid the repetition of such abuse. 4. The Director-General of the Organization may waive the immunity of jurisdiction of the members of the inspection team, if he believes that immunity would impede the course of justice and that it may be waived without prejudice for the application Convention provisions Giving up must always be express. 5. Observers shall be granted the same privileges and immunities which shall be granted to inspectors in application of this Annex, except for those granted in the application of paragraph 1. 1 lit. d). ------------