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Law No. 139 Of 24 July 2000 Concerning The Work Of Meteorology

Original Language Title:  LEGE nr. 139 din 24 iulie 2000 privind activitatea de meteorologie

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LEGE no. 139 139 of 24 July 2000 (** republished) (* updated *) on meteorological activity *) ((applicable from 22 November 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering. Law no. 139/2000 was republished in the Official Gazette of Romania, Part I, no. 148 148 of 1 March 2007 and subsequently amended by: - Government Emergency Ordinance no. 70/2009 for the modification and completion of some normative acts on taxes and non-fiscal tariffs, published in the Official Gazette of Romania, Part I, no. 444 of 29 June 2009, and corrected in the Official Gazette of Romania, Part I, no. 607 of 3 September 2009, approved by Law no. 8/2010 , published in the Official Gazette of Romania, Part I, no. 22 22 of 12 January 2010; - Law no. 30/2011 for amendment Law no. 139/2000 on meteorology activity, published in the Official Gazette of Romania, Part I, no. 182 182 of 15 March 2011; - Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012 and corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended. Note
---------- + Chapter I General provisions + Article 1 (1) The meteorological activity represents the whole of the actions intended for the permanent surveillance and the knowledge of the air environment through specific observations and measurements regarding the state and evolution of the weather, necessary for the Romania. (2) The activity of meteorology is of national public interest and specifically for national defense and security, which is carried out under the conditions of this law and in accordance with the recommendations of the World Meteorological Organization, body specialized of the United National Organization, with the agreements concluded by this organization with other international organizations, as well as with the provisions of international conventions in the field to which Romania is a party. ---------- Alin. ((2) of art. 1 1 has been amended by art. I of LAW no. 281 281 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. (3) Aeronautical meteorological activity is the whole of activities intended for permanent surveillance and knowledge of the evolution of weather conditions, necessary for the purpose of information and weather protection of air navigation, and is integral part of air navigation services. (4) In turn, the aeronautical meteorology activity is carried out in accordance with the standards, practices and recommendations of the World Meteorological Organization and of the International Civil Aviation Organization, as well as with the provisions of the international aviation conventions to which Romania is a party and shall be carried out in accordance with the specific regulations of the State authority in the field of civil aviation. + Article 2 Meteorology activities defined in art. 1 are aimed at the meteorological protection of life and property and are carried out by: 1. internally: a) unitary and qualified conduct of meteorological surveillance to inform the population and decision-makers, to prevent or mitigate the damage due to dangerous weather phenomena; b) meeting the meteorological information needs of air, river and sea navigation, road traffic, as well as those for agriculture; c) meeting research needs for the development of the field, conducting studies and services dedicated to civil safety, material production and national defence; d) the establishment and management of the National Meteorological Data Fund necessary for the meteorological foundation of the design, execution and exploitation of various economic and social objectives and for the elaboration of sustainable development strategies. 2. External: a) integration in international exchange of data and meteorological information, in the World Meteorological Veghe System for monitoring and protection of the air environment; b) fulfillment of obligations arising from conventions and agreements to which the Romanian State is a party. + Article 3 (1) Reaching the purposes provided in art. 2 2 is carried out: a) in the field of meteorology, through the National Meteorological Administration, hereinafter referred to as the National Meteorological Center; b) in the field of aeronautical meteorology, by the Autonomous Regia "Romanian Administration of Air Traffic Services"-ROMATSA, hereinafter referred to as the aeronautical Meteorological Administration, through its authorized profile units state authority in the field of civil aviation. (2) The organization and functioning of the National Meteorological Center shall be established by Government Decision * *). ---------- ** **) See Government Decision no. 1.405/2004 for the approval of the Regulation on the organization and functioning of the National Meteorological Administration, published in the Official Gazette of Romania, Part I, no. 841 841 of 14 September 2004, as amended. + Article 4 Natural or legal persons may carry out meteorological activities on the basis of attestations of competence and under the law. The certificates of competence are issued by the central public authority for environmental protection in the field of meteorology and by the state authority in the field of civil aviation, for aeronautical meteorology. + Article 5 The technical terms used in this Law have the meanings set out in the Annex which forms an integral part of this Law. + Chapter II Organization of meteorology activity + Section 1 Tasks of the National Meteorological Centre + Article 6 The tasks of the National Meteorological Center are: a) permanent surveillance of the air environment through specific observations and measurements on the status parameters and associated phenomena, as well as the chemical composition of the atmosphere; b) elaboration of meteorological forecasts of general public interest and specialized, as: agrometeorology, aerology, climate and dispersion of chemical and radioactive pollutants; c) the administration, operation, maintenance and development of the national meteorological surveillance network, in accordance with its own regulations and with the recommendations of the World Meteorological Organization and/or other international bodies specialised; d) elaboration of general methodologies for the supervision of the air environment, the preparation of synthesis and meteorological yearbooks for the provision of services dedicated to economic and social activities dependent on the weather; e) the implementation of the National Weather Fund and the administration of the national weather data bank; f) the realization of specific studies and research for the development of meteorology, in accordance with its evolution worldwide; g) elaboration and dissemination of warnings in the event of dangerous weather phenomena, potentially causing damage; h) participation in the World Meteorological Watch Program and other programs initiated by the World Meteorological Organization, including through the adoption of special work programs; i) possession and use, according to the law, of the national standard of atmospheric pressure and radiation, as well as the exercise of the right of metrological control for meteorological equipment, within the mandate granted by the state metrological authority empowered; j) internal transfer and international exchange of meteorological data; k) professional assistance and weather services for the protection of road traffic, river and maritime navigation, as well as nuclear installations, in the terms of the conventions to which the Romanian state is a party; l) implementation of the scientific and technological development strategy of the meteorological activity, in relation to the internal needs and in line with the progress made in the world; m) participation in international scientific and organizational activities, provided by international legal instruments and/or bilateral agreements concluded with similar institutions abroad; n) realization of climatological foundation studies and meteorological approval of social and industrial objectives; o) elaboration of studies and research on the processes of transport and dispersion of pollutants and radionuclides in the atmosphere; p) the provision of specialized services, on request, for various beneficiaries, on the basis of contracts; q) the approval of the above-ground construction site, of objectives that emit in the atmosphere smoke and dust, of high voltage or telecommunications networks, of irrigation systems by aspersion and planting of forest curtains over a distance of 500 m in outside the protection zone of weather platforms and any works leading to the decommissioning of a meteorological unit of the national meteorological network; r) endorsement of climatological foundation studies developed by other natural or legal persons, authorized according to the law; s) the development of environmental impact and environmental review studies; t) elaboration, in collaboration with the Ministry of National Education, of the school programs for meteorological education of all grades in Romania; u) the organization of specialization and continuous training activities in the field of meteorology; v) endorsement of the public circulation of data, information, warnings and weather forecasts, other than those with aeronautical specific, obtained from the meteorological activity carried out by other natural or legal persons, as well as the endorsement the technique of meteorological activities of any kind intended for special purposes, other than those recorded as attributions of the National Meteorological Center; w) the management of patents and documents regarding the protection of intellectual and industrial property whose holder is the National Meteorological Center; x) design, maintenance and calibration of measuring instruments and meteorological equipment; y) participation with social capital, under the conditions law, to the constitution of companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, together with natural and legal persons, Romanian or foreign, of civil law; z) the performance of any commercial and financial activities that have direct or adjacent connection with the performance of their duties. + Article 7 (1) In carrying out the duties provided in art. 6 lit. a)-l) of this Law, the National Meteorological Center carries out activities of public interest, purpose in which it provides free, on the basis of convention, specialized information, including general forecasts or warnings, central public administration and local, prefectures, special commands of the Ministry of National Defence, commissions and civil commands constituted to combat disasters, public radio and television stations. (2) Public radio and television stations are obliged to inform the public, repeatedly, of the information, general forecasts and weather warnings relating to dangerous weather phenomena, provided by the Centre national meteorological. (3) For any other categories of users or for users referred to in par. (1), whose requests require special processing, the National Meteorological Center is entitled to conclude contracts with various users or to associate with economic operators, for the execution of services that are part of the duties His. (4) The commitment of projects, studies and internal or international activities for which data and meteorological information are required can be done only by natural or legal persons attested under the provisions of art. 4. + Article 8 The value of the expenses incurred by the National Meteorological Center for the elaboration of the necessary studies in order to issue the attestations provided in 4, as well as the opinions referred to in art. 6 lit. q), r) and v) shall be recovered from applicants of attestations and notices, on a tariff basis. + Article 9 (1) The central public authority for environmental protection, through the National Meteorological Center, has powers of national authority in the field of meteorology. In the field of aeronautical meteorology, the authority shall be exercised by the State authority in the field (2) The national meteorological centre is the national technical authority in its field of competence, which holds the national standards for meteorological measurements and responds to their proper functioning and use. + Article 10 The Director General of the National Meteorological Center is rightfully the permanent representative of Romania to the World Meteorological Organization, according to the status of this organization. + Section 2 Tasks of the Aviation Meteorological Administration + Article 11 The tasks of the Aviation Meteorological Administration shall be established by the State Civil Aviation Authority and shall contribute to the safety, regularity and efficiency of national and international air navigation. + Article 12 The aeronautical meteorological administration has the responsibility of administering the national aviation meteorological assistance system, having in its structure operative units represented by aeronautical weather stations, meteorological offices of the aerodrome and the meteorological watch centre, according to the regulations established by the state authority in the field of civil aviation. + Article 13 The aeronautical meteorological administration owns, manages, operates, maintains and develops the national aviation meteorological data bank for the purpose of fulfilling its duties. + Article 14 The attestation of the personnel carrying out aeronautical meteorology activities shall be carried out by the State authority in the field of + Section 3 Other meteorological activities + Article 15 (1) Meteorological activities of any kind intended for special purposes, other than those recorded as attributions of the National Meteorological Center or the Aeronautical Meteorological Administration, may also be carried out by other individuals or legal, as complementary meteorological activities, if they have the technical opinion and enjoy the methodological assistance of the National Meteorological Center. (2) Weather activities that do not meet the conditions provided in par. (1) are competitive activities and are subject to provisions Competition law no. 21/1996 , republished, with subsequent amendments and completions, and the other international conventions in the field to which Romania is a party. + Section 4 National Meteorological Surveillance Network + Article 16 (1) The national meteorological surveillance network is composed of the synoptic, climatological, aerological surveys and radar observatories representative for the evolution of weather and climate at the level of Romania. (. The national meteorological surveillance network shall also include the technical means used for the transmission and collection of meteorological data. ((3) The size and composition of the national meteorological surveillance network shall be established by the central public authority for environmental protection, at the proposal of the National Meteorological Centre. (4) For special purposes or for detailed meteorological surveillance, at local level, complementary meteorological networks may be constituted, in accordance with the provisions of art. 15 15 para. ((1). (5) No parallel weather networks involving public funding may be established at national level. + Article 17 The national meteorological surveillance network constitutes public property of the state and is entrusted under the administration of the National Meteorological Center. + Article 18 (1) In order to ensure the representativeness of the data, areas of absolute meteorological protection are established around the meteorological platforms, the width of which is 30 m. (2) In areas of absolute meteorological protection the execution of above-ground installations, irrigation and planting of forest crops or high agricultural crops is prohibited. (3) The protection areas provided in par. (1) and (2) are considered, in the plans for urbanism and landscaping, areas subject to special regulations. + Article 19 Location over a distance of up to 500 m around and outside the absolute protection zone of the weather platform, provided in art. 18, construction higher than 1/6 of the distance between the construction and the limit of the protection zone, of high voltage or telecommunications networks, of objectives that emit in the atmosphere smoke and powders, irrigation systems through aspersion and planting of forest curtains are admitted only with the prior agreement of the National Meteorological Center. + Article 20 (1) In order to ensure the continuity and homogeneity of the National Meteorological Data Fund the units of the national meteorological surveillance network can only be decommissioned in special situations of national interest. (2) The decommissioning of a meteorological unit from the national meteorological surveillance network, as well as its related installations, in the situations provided in par. ((1), can be done only with the agreement of the central public authority for environmental protection and with the assent of the national Meteorological Centre, which has under management the national meteorological surveillance network, and whether the applicant performs and puts into operation, before decommissioning, a similar unit in the site established by the National Meteorological Center. + Chapter III National Meteorological Data Fund + Article 21 (1) The National Meteorological Data Fund is a component of the national heritage, which includes the totality of the quantitative and qualitative data and information obtained on the territory of Romania through observations and measurements on the parameters that define the meteorological regime, being in the administration of the National Meteorological Center. (2) The national weather data fund is of strategic importance and forms the national weather bank. (3) The National Meteorological Data Fund shall be obtained from the national meteorological surveillance network, from the data provided by the Aeronautical Meteorological Administration, and from observations and meteorological measurements for purposes Special. (4) Data holders and meteorological information obtained through the observations networks and meteorological measurements, which fall within the provisions of art. 15 15 para. (1), have the obligation to transmit them free of charge, immediately, to the National Meteorological Center, in order to include in the National Meteorological Data Fund. + Article 22 On the territory of Romania the official source of data and meteorological information, other than aeronautical ones, is the National Meteorological Center. For aeronautical meteorological information the official source of data and information is the Aeronautical Meteorological Administration. The release into public circulation of this data or meteorological information without the opinion of the National Meteorological Center, namely the Aeronautical Meteorological Administration, is prohibited. + Article 23 Use for purposes other than those of public interest of meteorological information dedicated to the weather protection of life and goods is only permitted with the consent of the holders of this information. + Article 24 (1) The access of natural and legal persons to data and meteorological information, according to the principles and recommendations of the World Meteorological Organization, is done in compliance with the provisions of (2) The use of weather and meteorological information for commercial purposes is only allowed for a fee, under the law. (3) The accredited university educational establishments are exempted, for which the National Meteorological Administration provides free of charge, on the basis of convention, data and meteorological information, in limited volume, necessary for the elaboration of the license works and masters, with subjects in the field of meteorology or related thereto. + Chapter IV Financing of meteorological activities + Article 25 The activity of the National Meteorological Center is financed as follows a) meteorology activity, fundamental research in the field, systematic and complete tracking of the state and evolution of the weather, the realization of international data exchange and integration into the World Meteorological Veghe System the state budget, through the central public authority for environmental protection, within the limits of the amounts allocated annually with this destination from the state budget; b) from economic contracts concluded with third parties for the provision of specific services in the field of meteorology and other services, according to the object of activity, as well as from other sources, according to the law; c) the financing of the investment and refurbishment program is ensured from its own sources, bank loans and, in addition, from the state budget, through the budget of the Ministry of Environment and Climate Change. + Article 26 Revenue made through assistance and services carried out in accordance with art. 7 7 para. (3) remain at the disposal of the National Meteorological Center as part of the resources of perfecting and developing the activity. + Article 27 Meteorological activities that do not fall under the tasks of the National Meteorological Centre cannot be financed from budgetary financial resources allocated for its operation. + Chapter V Control of meteorology activity + Article 28 Meteorological activities of any type and compliance with the provisions of this law are subject to the specialized control exercised by the authorities referred to in art. 9. + Article 29 (1) Within the National Meteorological Center operates the National Meteorological Inspection, with inspection and control duties on the application of this law. (2) For the purpose of carrying out the tasks of inspection and control in the field of meteorology, the personnel of the National Meteorological Inspection and the powers of the central public authority for environmental protection, hereinafter referred to as ascertaining, have the right of access to the platforms of meteorological observations, buildings, rooms and in any other place where specific meteorological activities are carried out, about which they hold data or thorough indications that they violate the provisions of the present laws, and can execute measurements, data checks, documents and weather information. (3) The owners and staff operating in these platforms of observations, buildings, rooms and any other place where domain-specific activities are carried out are obliged to allow the access of the ascertaining agents, the execution by they of the investigations provided in par. (2), and make available to them the documentation specific to their activity. + Article 30 (1) For activities in the field of aeronautical meteorology inspection and specialized control, as well as compliance with the provisions of this law shall be ensured by the state authority in the field of civil aviation on the basis of specific regulations. (2) The assessment, authorisation and continuous surveillance of the quality, regularity and efficiency of the aeronautical services and meteorological products provided to the beneficiaries for the purpose of ensuring the safety of air operations state in the field of civil aviation. + Article 31 The police provide support to the finding agents, at their request. + Chapter VI Sanctions + Article 32 Violation of the provisions of this law attracts the employment of disciplinary, contravention, civil or criminal liability, as appropriate. + Article 33 (1) It constitutes a contravention in the field of meteorology, if it is not committed in such conditions that, according to the criminal law, it is considered crimes, the following facts: a) the public release of data, information, warnings and weather forecasts, other than aeronautical ones, obtained from the meteorological activity carried out without the opinion of the National Meteorological Center; b) the refusal of public radio and television stations to inform the public, in a timely manner, of the information, warnings and weather forecasts related to dangerous weather phenomena; c) penetration without legal authorization in platforms of observations, buildings and in any other place where activities specific to the National Meteorological Center are carried out; d) the refusal of the owners or those who work in platforms of observations, buildings, rooms and in any other place where meteorological activities are carried out to allow the certifying agents authorized access inside them; e) the refusal of meteorological network holders, in accordance with the provisions of art. 15 15 para. ((1), to make available to the certifying agents authorized documentation and acts specific to the meteorological activity; f) the use by a natural or legal person of meteorological data and information for purposes other than those for which they were requested; g) failure to specify the source of information by the media, as well as by other natural or legal persons who release data or meteorological information; h) non-compliance with 41. (2) Contraventions provided in par. (1) is sanctioned with a fine of 2,000 lei to 5,000 lei. + Article 34 The contraventions provided by this law are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for the provisions of art. 28 28 and 29. + Article 35 Non-compliance with art 19 and 20 constitute a felony and are punishable by imprisonment from one month to one year or fine. + Article 36 (1) In the activity of meteorology, the finding of contraventions and the application of sanctions shall be made by the personnel of the National Meteorological Inspection and the personnel empowered by the coordinating minister, at the proposal of the National Meteorological Center, and in the activity of aeronautical meteorology, by the personnel empowered by the state authority in the field of civil aviation. (2) The crimes provided by this law are found by the prosecution bodies, as well as by the persons referred to in par. ((1), which proceed according to art. 61 of the Code of Criminal Procedure. + Chapter VII Transitional and final provisions + Article 37 The National Meteorological Center publishes quarterly the results of its activities. + Article 38 Radio and television stations, websites, newspapers, magazines and other publications, institutions and businesses with or without legal personality, as well as individuals who release data, information, warnings and forecasts weather are required to specify the source of information. + Article 39 Based on the provisions of this law the central public authority for environmental protection can issue orders, norms and regulations of a mandatory nature in the field of meteorology + Article 40 The state authority in the field of civil aviation may issue binding orders, rules and regulations in the field of aeronautical meteorology. + Article 41 In the case of collective labour disputes the strikes may not affect: a) performing and regular recording of observations and measurements in the national meteorological surveillance network; b) the alert and pursuit of dangerous meteorological phenomena, potentially causing irrecoverable material damage or loss of life; c) fulfillment of legal obligations regarding national defense and meteorological protection of air, sea and river navigation, road traffic, as well as those stipulated by international conventions to which Romania is a party. + Article 42 In situations of war, at the request of the Ministry of National Defence, the National Meteorological Center can pass under it. In this case, the Ministry of National Defence establishes its headquarters and any specific duties. + Article 43 This law shall enter into force within 30 days from the date of publication *) thereof in the Official Gazette of Romania, Part I. ---------- * *) Law no. 139/2000 was published in the Official Gazette of Romania, Part I, no. 360 360 of 2 August 2000. + Annex SIGNIFICANCE the technical terms used in the law For the purposes of this Law, the terms listed below shall be understood: 1. meteorological data-the result of observations and measurements made or recorded at stations and weather stations, including by radar and satellite means. They represent the quantitative expression of atmospheric parameters that at some point characterize the weather in a determined place; 2. aerological observatory-special meteorological station intended to measure the meteorological parameters of the atmosphere in altitude; 3. radar observer-special meteorological station intended for the detection and tracking of potentially dangerous weather phenomena, by radioelectric methods; 4. meteorological platform-land area related to the weather station, intended to place the meteorological apparatus and instruments with which observations and meteorological measurements are executed, including those of meteorology aeronautics, as applicable; 5. meteorological post-special meteorological unit representing the place and facilities mainly intended to measure atmospheric precipitation; 6. weather products-derived products from the analysis and processing of meteorological data: reports on observed meteorological conditions, analyses, forecasts, warnings and any other characterizations of the weather and evolution of the weather; 7. national network of meteorological surveillance-system of stations, stations, observatories and territorial services for meteorological activity; 8. meteorological station-the basic unit in meteorological activity, representing the necessary place and facilities in which observations and meteorological measurements are executed according to the methodology and with the opinion of the National Meteorological Center; 9. the absolute meteorological protection zone-the land around a 30 m weather platform from each side of it, established according to the recommendations of the World Meteorological Organization, in which the execution of any Above ground irrigation facilities and planting of high agricultural crops. ------