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Law No. 63 Of 24 April 2000 Approving Ordinance No. 52/1998 Concerning National Defence Planning Of Romania

Original Language Title:  LEGE nr. 63 din 24 aprilie 2000 pentru aprobarea Ordonanţei Guvernului nr. 52/1998 privind planificarea apărării naţionale a României

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LEGE no. 63 63 of 24 April 2000 for approval Government Ordinance no. 52/1998 on the National Defence Planning of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 185 185 of 28 April 2000



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 52 52 of 12 August 1998 on the planning of Romania's national defence, issued pursuant to art. 1 1 section 15 lit. a) of Law no. 148/1998 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 302 of 18 August 1998, with the following amendments and additions: 1 paragraph 3 of Article 1 shall be repealed. 2. Article 3 shall read as follows: "" Art. 3. -The documents on the basis of which the national defence planning is carried out are: the National Security Strategy of Romania, the Governance Program, the White Charter of National Security and Defence of the Government, as well as the strategies, directives, departmental plans and programmes drawn up by ministries and institutions with powers in the field of defence, public order and national security. " 3. Article 4 shall read as follows: "" Art. 4. -Romania's national security strategy is the basic document that bases national defense planning. The President of Romania, no later than 3 months after the investiture, presents to the Parliament the National Security Strategy of Romania. The Romanian Parliament, in the joint meeting, will debate Romania's National Security Strategy and adopt it by decision. " 4. Article 5 shall read as follows: "" Art. 5. -Romania's national security strategy includes: the definition of security interests and objectives, the assessment of the international security environment, the identification of risk factors in the internal and international environment, the directions of Action and main means to ensure Romania's national security. The strategy has a medium-term evaluation horizon of 4 years and a long-term perspective including the estimation of resources that will be allocated by Romania to achieve its security and defense objectives. " 5. Article 6 shall read as follows: "" Art. 6. -In order to achieve the provisions of the National Security Strategy of Romania, the Government, on the basis of the Governance Program, elaborates the White Charter of National Security and Defence, establishing: the main objectives and tasks of institutions engaged in the implementation of national security and defence, the measures and actions to be taken by them, the natural, human, material, financial and other resources they are to provide annually for setting up and training of the participating forces in national defence and insurance security, according to their missions. The White Charter of National Security and Defence of the Government concerns the same period of validity as the National Security Strategy of Romania and is submitted for approval to the Parliament no later than 3 months after the trust. " 6. paragraphs 1 and 2 of Article 7 shall read as follows: " On the basis of the National Security Strategy of Romania, the Government Programme and the White Charter of National Security and Defence of the Government, ministries and other public institutions with powers in the field of defence, public order and National security elaborates strategies, programs and departmental plans, designed to achieve the objectives and security interests of Romania. Departmental strategies shall be submitted for approval to the Government no later than 45 days after the date of Parliament's approval of the White Charter of National Security and Defence, ensuring the complementarity and integrity of the actions and the activities contained in these documents. ' 7. Article 8 shall read as follows: "" Art. 8. -The Ministry of National Defence elaborates Romania's Military Strategy This document expresses the objectives and fundamental options of military policy of the Romanian state during the period of validity of the National Security Strategy of Romania. The Ministry of Interior and other public institutions with attributions in the field of defence shall develop their own strategies, whose names and content are determined by them, in relation to their responsibilities under the National Defence System. " 8. Article 9 shall read as follows: "" Art. 9. -Romania's military strategy assesses the consequences, in the plan of defence, of risks and threats to national security and defines the volume, structure and allocation of resources necessary for armed defence. Romania's military strategy establishes: the structure of forces, missions, organization, endowment, level of training and operativeness, logistical support and infrastructure needs necessary for the military body in order to achieve the objectives national security, as well as the conception of training and employment in military actions of the Romanian army. Romania's military strategy also provides for the measures, in the military, necessary in order to fulfill the commitments of cooperation, partnership and alliance, assumed by Romania internationally. " 9. Article 10 shall read as follows: "" Art. 10. -On the basis of the provisions of the Military Strategy of Romania and of the other departmental strategies approved by the Government the Minister of National Defence, the Minister of the Interior and the heads of other public institutions with powers Own strategic planning orders. They contain the fundamental objectives, principles and political-military options, on the basis of which the specialized structures of the respective ministries and institutions plan the structure and capacity of the component forces, as well as the allocation resources, formulate sectoral policies and programmes. Directives or strategic planning orders refer to the same period as departmental strategies. " 10. Article 11 shall read as follows: "" Art. 11. -Based on the directives or strategic planning orders the Ministry of National Defence, the Ministry of the Interior and other public institutions with attributions in the field of defence develop their own strategic and operational plans of use and programs of formation, modernization and preparation of the component forces. " 11. Article 12 shall read as follows: "" Art. 12. -The strategic and operational plans for the use of forces include: the missions of the categories of forces, in conditions of peace, crisis and war, the likely scenarios in which these missions will be fulfilled, the modalities of action for their execution. The scenarios will consider military actions of classical combat, special operations, operations, other than war ones, and humanitarian actions, executed within the national, international or within groups of multinational forces. These documents shall be elaborated, updated and approved according to the specific regulations of each ministry or other public institutions with attributions in the field of defence. " 12. Paragraph 2 of Article 13 shall read as follows: "The programs shall be drawn up for a period of 4 years, with a long-term perspective, approved by the Parliament, shall be completed and updated in relation to the stage of execution." 13. Article 14 shall read as follows: "" Art. 14. -Based on the programs of establishment, modernization and preparation of the forces and funds allocated through the state budget the Ministry of National Defence, the Ministry of Interior and other public institutions with attributions in the field of defense annually on the modernization and preparation of the component forces and reports on the state of implementation of the programs of formation, modernization and training of forces in the previous The annual plans are approved by ministers and heads of public institutions with powers in the field of defence, respectively. The reports on the state of implementation of the formation, modernization and training programs are presented to the Government. The pursuit of the execution of medium-and long-term programs, as well as of the annual plans, falls under the responsibility of the planning bodies of the Ministry of National Defence, the Ministry of Interior and other public institutions defence, and their execution, to the commanders and heads of all the structures in the respective ministries and institutions. " 14. Article 15 shall read as follows: "" Art. 15. -The concrete modalities regarding the elaboration, coordination, execution, follow-up and reporting of the fulfilment of the provisions of the directive or the strategic planning order, strategic and operational plans for the use of forces, programs establishing, modernising and preparing the forces, as well as the annual plans shall be governed by internal instructions, approved by the Minister of National Defence, the Minister of the Interior and the Heads of Public Institutions defense. " 15. Article 16 shall read as follows: "" Art. 16. -Violation or failure to comply with the provisions of this ordinance by persons with attributions in organizing and carrying out national defence planning, objectives of the National Security Strategy of Romania and of the departmental draws administrative, civil or criminal liability, as appropriate. " 16. After Article 16, the following Chapter V is inserted: "" CHAPTER V Transitional and final provisions Article 17. --Provisions art. 4 and 6 shall apply 3 months from the date of publication of the law for the approval of this ordinance in the Official Gazette of Romania. " + Article 2 Government Ordinance no. 52/1998 , with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I. This law was adopted by the Senate at the meeting of March 13, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on March 14, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA -------