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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Law No. 139 of 24 July 2000 (* republished *) (* updated *) on meteorology *) (applicable as from November 22, 2015 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. 107 para. (3) of law No. 255/2013 for the implementation of law No. 135/2010 regarding the criminal procedure code and the modification and completion of some legislative acts containing the provisions of the criminal procedure law, published in Official Gazette of Romania, part I, no. 515 of 14 august 2013, with subsequent amendments, posing a new texts.
Law No. 139/2000 has been republished in the Official Gazette of Romania, part I, no. 148 of 1 March 2007, and subsequently was amended:-Government Emergency Ordinance nr. 70/2009 for the modification and completion of some legislative acts concerning taxes and tariffs that proves character, 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 of January 12, 2010;
-Law No. 30/2011 for the modification of the law nr. 139/2000 on meteorology, published in the Official Gazette of Romania, part I, no. 182 of 15 March 2011;
-Law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012 and corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ chapter I General provisions Article 1 (1) the business of Meteorology means the combination of actions destined to permanent supervision and knowledge of air environment through specific observations and measurements on the State and evolution of the time necessary for socio-economic development.
  

(2) the business of Meteorology is of public interest and national defence and national security, which is being conducted under this law and in accordance with the recommendations of the World Meteorological Organization, a specialized body of the Organization United, with the agreements concluded by the organization with other international organizations, as well as with the relevant international conventions to which Romania is a party.
  

— — — — — — — — —-. (2) of article 9. 1 was modified by art. 1 of law No. 281 of 18 November 2015 published in MONITORUL OFICIAL nr. 863 of 19 November 2015.

(3) the aeronautical meteorology means carrying out all activities destined to permanent supervision and knowledge of the evolution of weather conditions, necessary for the protection of information and meteorological air navigation, and is an integral part of the air navigation services.
  

(4) To turn the work of aeronautical meteorology and is conducted in accordance with the standards, practices and recommendations World Meteorological Organization and the International Civil Aviation Organization, as well as with the provisions of international conventions in the field of aviation to which Romania is a party and is conducted in accordance with the specific regulations of the State in the field of civil aviation.
  


Article 2 the activities specified in article 2 of meteorology. 1 are aimed at the protection of life and the weather and is accomplished by: 1. Internally: a) unitary and qualified to conduct surveillance of weather for informing the population and decision makers, for the prevention or mitigation of damage due to dangerous weather phenomena;
  

b) meeting the needs of meteorological information to air navigation, River and maritime, road, traffic and agriculture;
  

c) meeting the needs for development, conducting studies and services dedicated to civil safety and national defense materials production;
  

d) establishment and management of National Fund of meteorological data required for meteorological substantiation of designing, execution and exploitation of various economic and social goals and for developing sustainable development strategies.
  

2. Externally: in Exchange for the international) integration of meteorological data and information, in the waking World Meteorological System for air monitoring and protection of the environment;
  

b) fulfil the obligations arising from conventions and agreements to which the State is a party.
  


Article 3 (1) achieving the goals referred to in art. 2 shall be achieved: a) in meteorology through the National Meteorological Administration, hereinafter referred to as the National Meteorological Centre;
  

b) in aeronautical meteorology, directed by the autonomous administration of the Romanian air traffic services "-ROMATSA, hereafter, law, aeronautical meteorological Administration, through its units in the field authorized by the State authority in the field of civil aviation.
  

(2) the Organization and operation of the National Meteorological Centre will be established by decision of the Cabinet of Ministers *).
  

— — — — — — — — — — *) see Judgment No. 1.405/2004 approving the regulations governing the Organization and functioning of the National Meteorological Administration, published in the Official Gazette of Romania, part I, no. 841 of 14 September 2004, with subsequent amendments.


Article 4 persons or bodies may conduct weather on the basis of certificates of competence and in accordance with the law. Certificates of competency are issued by central public authority for environment protection in the field of meteorology and State authority in the field of civil aviation, for aeronautical meteorology.


Article 5 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 section 1 duties of the National Meteorological Center Article 6 tasks of the National Meteorological Center are as follows: the permanent surveillance of the environment) air through specific observations and measurements status parameters and the associated phenomena, as well as the chemical composition of the atmosphere;
  

(b) elaboration of meteorological forecasts) for general and specialized public interest, such as: agro meteorology, climate and aerologie, dispersion of chemical and radioactive pollutants;
  

c) administering, operating, maintaining and developing a national network of meteorological surveillance, in accordance with its own rules and with the recommendations of the World Meteorological Organization and/or other specialized international organizations;
  

(d) elaboration of general methodology) for air surveillance of the environment, drawing up syntheses for providing meteorological services directories devoted to economic and social activities depend on the weather;
  

(e) National Fund) weather data and management of the National Bank of meteorological data;
  

f) conducting specific studies and research for the development of meteorology, consistent with its evolution throughout the world;
  

g) elaboration and dissemination of alerts in the event of dangerous weather phenomena, potentially provoking serious damage;
  

h) attendance at the World Meteorological wake Program and other programs initiated by the World Meteorological Organization, including through the adoption of work programmes;
  

I) holding and use, in accordance with national law, the standard atmospheric pressure and radiation, as well as the exercise of the right of metrological control for meteorological equipment, within the mandate of the state metrological authority empowered;
  

j) internal transfer and Exchange data international meteorology;
  

k) professional assistance and meteorological services for the protection of road traffic, inland waterways and maritime shipping, as well as nuclear installations, in terms of the conventions to which the State is party;
  

implementation of it) scientific and technological development of meteorological activity in relation to the internal needs and in line with progress throughout the world;
  

m) participation in international scientific activities and organizational nature, provided for by international legal instruments and/or through bilateral agreements with similar institutions from abroad;
  

n) studies of climatologică and advising social objectives of meteorological and industrial establishments;
  

a compilation of studies) research on the processes of transport and dispersion of pollutants and radionuclides in the atmosphere;
  

p) provision of specialized services, upon request, for various beneficiaries, on the basis of contracts;
  

q) advising of the location of building above-ground targets, emitting smoke and dust into the atmosphere, the high-voltage grids or telecommunication, irrigation systems, sprinkler and planting of forest's curtains at a distance of 500 m outside the protection zone of the weather and all platforms works leading to the decommissioning of a national meteorological network weather;
  

r) interpretative studies advising climatologică developed by other individuals or legal entities authorized by law;
  

s) development impact studies and environmental assessment;
  

t) develop, in collaboration with the Ministry of national education, curricula for the education of all meteorological grades from Romania;
  

u) to organize training activities and training in the field of meteorology;
  


v) advising of circulation data, public information, weather forecasts, warnings and other than specific aircraft, obtained from meteorological activity undertaken by other natural or legal persons, as well as advising the meteorological activities of any kind intended for special purposes, other than those recorded as tasks of the National Meteorological Centre;
  

w) management of certificates and documents on the protection of intellectual and industrial property office whose holder is the National Meteorological Centre;
  

x) design, maintenance and calibration of measuring instruments and equipment of meteorology;
  

y) participation with social capital, according to the law, the setting up of companies governed by the law nr. 31/1990, republished, with subsequent amendments and additions, together with individuals and legal entities, Romanian or foreign, civil law;
  

z) commercial activities and carrying out any financial related direct or adjacent to fulfilment.
  


Article 7 (1) in carrying out the duties provided for in article 10. 6 lit. It has)) of this law, the National Meteorological Center conducts public interest purpose in providing free, on the basis of the Convention, the specialized information, including general forecasts or warnings, the Central and local public administration, prefectures, special commands of the Ministry of national defence, headquarters set up committees and civil to combat disasters, public radio stations and television.
  

(2) public radio Stations and television are required to bring to his attention repeatedly to the public, General information, weather alerts and forecasts relating to hazardous weather events, provided by the National Meteorological Center.
  

(3) For any other categories of users or for users who are referred to in paragraph 1. (1) whose requests require special processing, National Meteorological Center is entitled to conclude contracts with various users or to associate with economic operators to carry out the services that are part of his duties.
  

(4) Engaging projects, studies and internal or international activities requiring meteorological information and data can only be made by persons or bodies accredited on the basis of the provisions of art. 4. In article 8 the equivalent amount of expenditure by the National Meteorological Center for the preparation of the necessary studies for the purpose of issuing the certificates referred to in article 1. 4, as well as of the opinions referred to in article 1. 6 lit. q), r) and v) recovered from applicants for certificates and approvals on the basis of price.


Article 9 (1) the central public authority for environmental protection, through the National Meteorological Center, the national authority has competences in the field of meteorology. In the field of meteorology and aeronautical authority is exercised by the State authority in the field of civil aviation.
  

(2) National Meteorological Centre is the national technical authority in its field of competence, which has national standards for meteorological measurements and be responsible for the smooth operation and use them.
  


Article 10 the Director general of the National Meteorological Center is governed by the permanent representative of Romania in addition to the World Meteorological Organization, under the statutes of this organization.


Section 2 of the aeronautical meteorological Administration Duties Article 11 aeronautical meteorological Administration Duties are determined by the State authority in the field of civil aviation and the contribution to the safety, regularity and efficiency of international and national air navigation.


Article 12 Administration aeronautical meteorological responsible management of the national system of aeronautical meteorological assistance, given its operational units represented by the aeronautical weather stations, meteorological offices of airfield and meteorological Watch Center, according to the regulations laid down by the State authority in the field of civil aviation.


Article 13 aviation meteorological Administration holds, administers, operates, maintains and develops the National Bank of the aeronautical meteorology for the purpose of carrying out the duties devolving upon it.


Article 14 an attestation of personnel performing aeronautical meteorology is carried out by the State authority in the field of civil aviation.


Section 3-Other meteorology Article 15 (1) meteorological Activities of any kind intended for special purposes, other than those recorded as tasks of the National Meteorological Center or administration aeronautical weather can take place and other natural or legal persons, as weather, activities if they have technical and methodological assistance to national meteorological Center.
  

(2) activities that do not meet the conditions weather referred to in paragraph 1. (1) the competitive type activities are and shall be subject to the provisions of the law on competition no. 21/1996, republished, with subsequent amendments and additions, and other international conventions to which Romania is a party.
  


Section 4 of the national network of meteorological surveillance Article 16 (1) national weather surveillance Network is composed of synoptic weather stations, meteorological, observatories and surveys aerologice radar for weather and climate evolution at the level of Romania.
  

(2) national network of meteorological supervision comprises also the technical means used for the transmission of meteorological data collection.
  

(3) the size and the composition of the national network of meteorological surveillance shall be established by the central public authority for environmental protection, on the proposal of the National Meteorological Center.
  

(4) For special purposes or for detailed meteorological surveillance at local level may constitute complementary weather network in accordance with the provisions of art. 15 para. 1. (5) at the national level cannot be set up meteorological networks parallel involving funding from public funds.
  


Article 17 the national network of meteorological surveillance constitute public property of the State and is entrusted with the administration of the National Meteorological Center.


Article 18 (1) in order to ensure the representativeness of the data around the meteorological platforms protection zones shall be established absolute meteorological, whose width is 30 m.
  

(2) in areas of meteorological protection of absolute execution ground, irrigation and the planting of crops, forestry or agricultural crops high is prohibited.
  

(3) Protective Zones referred to in paragraph 1. (1) and (2) are considered in plans of urban planning and landscaping, areas subject to special rules.
  


Article 19 Location over a distance of up to 500 m around and outside the absolute protection of the platform, the weather. 18, building higher than 1/6 of the distance between the building and the limits of the protection zone, the high-voltage grids or telecommunications, targets that emit smoke and dust into the air, sprinkler systems, irrigation and the planting of the forest are admitted only curtains with the prior consent of the National Meteorological Center.


Article 20 (1) in order to ensure continuity and homogeneity of the National Fund of meteorology national network units of meteorological surveillance cannot be dismantled except in cases of national interest.
  

(2) the decommissioning of a national network of meteorological weather surveillance and related facilities, in the cases referred to in paragraph 1. (1) may be made only with the consent of the central public authority for environment protection and with the assent of the National Meteorological Center, which takes in the national network of meteorological surveillance, and where the applicant carries out and put into operation before decommissioning, a unit similar in location to be determined by the National Meteorological Center.
  


Chapter III the national weather data in article 21 (1) of the National Fund of meteorological data is a component of the national heritage, which comprises the totality of the data and quantitative and qualitative information obtained through Romanian territory observations and measurements on the parameters that define the meteorological regime, in the administration of the National Meteorological Center.
  

(2) the national weather data is of strategic importance and forms the national meteorological data bank.
  

(3) the National Fund of meteorological data is obtained from national meteorological network surveillance, from data supplied by the aeronautical meteorological Administration and the network of meteorological observations and measurements for special purposes.
  

(4) the holders of the data and information obtained through networks of weather observations and meteorological measurements, falling within the provisions of art. 15 para. (1) have the obligation to transmit free of charge, without delay, the National Meteorological Center, for inclusion in the national weather data.
  


Article 22


Romania's official source of weather information and data other than aeronautical, national meteorological center. Aeronautical meteorological information for the official source of data and information is the aeronautical meteorological Administration. Entry into service of such data or meteorological information Meteorological Centre without the National Meteorological Administration, aviation is prohibited.


Article 23 the use for purposes other than those of public weather information dedicated to the protection of life and property, or the weather is permitted only with the consent of the holders of such information.


Article 24 (1) natural and legal persons Access to data and weather information, according to the principles and recommendations of the World Meteorological Organization, is made in compliance with the provisions of this law.
  

(2) use of meteorological data and information for commercial purposes is only allowed for an additional fee, in accordance with the law.
  

(3) exception of accredited higher education establishments, for which the National Meteorological Administration provides free, on the basis of the Convention, the meteorological data and information, in limited volume, required elaboration of Bachelor's and master's works, with topics in meteorology or related to it.
  


Chapter IV meteorological activities Financing in article 25 of the National Meteorological Center's activity is financed as follows: a) meteorological research activity in the field, the systematic tracking of the status and evolution of, international data exchange and integration into World Meteorological wake System is financed from the State budget, through the central public authority for environment protection, within the limits of the appropriations allocated annually with this destination from the State budget;
  

b economic contracts concluded) with third parties to provide specific services in the field of meteorology and other services, according to the objects, as well as from other sources, according to the law;
  

c financing of the investment programme) and retooling their own sources is ensured, bank loans and, in addition, from the State budget through the budget of the Ministry of environment and climate change.
  


Article 26 the income assistance and services carried out in accordance with article 5. 7 para. (3) remain at the disposal of the National Meteorological Center as part of professional development resources and development activity.


Article 27 meteorological Activities not included in the duties of the National Meteorological Center may not be financed from budgetary financial resources allocated for its operation.


Chapter V Control of meteorology meteorology Article 28 Tasks of any type and comply with the provisions of this law are subject to control exercised by the authorities of the specialized agencies referred to in article 1. 9. Article 29 (1) of the National Meteorological Center works with National Meteorological Inspection powers of inspection and control on the implementation of this law.
  

(2) for the purposes of carrying out inspection duties in the field of meteorology, Meteorology and Inspection staff representatives of central public authority for environment protection, hereinafter referred to as assessment agents, shall have the right of access to the meteorological observing platforms, buildings, rooms and any other place where it carries out specific activities, meteorology, which hold data or even hints that violates the provisions of this law , and can execute measurements, data checks, paperwork and weather information.
  

(3) Owners and staff working in these observations platforms, buildings, rooms, and in any other place where it carries out specific activities are required to allow access to assessment, enforcement agents of the investigations referred to in paragraph 1. (2), and to make available their specific documentation of their work.
  


Article 30 (1) For activities in the field of meteorology and aeronautical inspection and monitoring, and compliance with the provisions of the present law shall ensure that the authority of State of civil aviation on the basis of specific rules.
  

(2) the authorisation and the supervision of continuous quality, regularity and efficiency of aeronautical meteorological products and services provided to beneficiaries in order to ensure the safety of air operations are conducted by the State authority in the field of civil aviation.
  


Article 31 Police assist in assessment, agents at their request.


Chapter VI Sanctions Article 32 violations of the provisions of this law shall entail disciplinary responsibility, employing administrative, civil or criminal, as appropriate.


Article 33 (1) is subject to the field of meteorology, if they are not committed in such circumstances that, according to the criminal law, be considered offences, the following facts: a) putting into circulation of data, information, warnings and weather forecasts, other than those obtained from the aeronautical meteorological activity, conducted without National Meteorological Centre;
  

(b) the refusal by the public stations) radio and television to be made public, in a timely manner, information, warnings and weather forecasts relating to dangerous weather phenomena;
  

c) penetration without legal authorization in observing platforms, buildings and any other place where it carries on activities specific to National Meteorological Centre;
  

d) refusal or of those working in the Platform Notes, buildings, rooms and any other place where it carries on activities to allow weather assessment authorized access agents within them;
  

e) refusal of meteorological networks, in accordance with the provisions of art. 15 para. (1), make available to authorised agents assessment documentation and records specific weather;
  

(f) the use by a) natural or legal person of meteorological data and information for purposes other than those for which it was requested;
  

g) neprecizarea information source by the media, as well as other natural or legal persons that give weather information published data;
  

failure to observe the provisions of article 7 h). 41. (2) the Offences referred to in paragraph 1. (1) shall be imposed with a fine from 2.000 to 5,000 lei lei.
  


Offences referred to in article 34 of this law apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except the provisions of article 7. 28 and 29.


Failure to observe the provisions of article 35. 19 and 20 constitutes infringement and is punishable by imprisonment from one month to one year or by a fine.


Article 36 (1) in meteorology, contraventions and penalties are carried out by Inspection staff and National Meteorological personnel authorized by the Minister, upon proposal of the National Meteorological Centre, meteorological and aeronautical activity, by the staff in charge of State authority in the field of civil aviation.
  

(2) the Offences referred to in this law is established by the prosecution, as well as by the persons referred to in paragraph 1. (1), which shall proceed in accordance with article 61 of the code of criminal procedure.
  


Chapter VII transitional and final Provisions Article 37 National Meteorological Centre publishes the quarterly results of its activities.


Article 38 radio and tv Stations, web sites, newspapers, magazines and other publications, institutions and enterprises with or without legal personality, as well as individuals who give advertising data, information, warnings and weather forecasts are required to specify the source of information.


Article 39 of this law on the basis of the provisions of the central public authority for environmental protection may issue orders, rules and regulations binding in meteorology.


Article 40 of the State Authority in the field of civil aviation can issue orders, rules and regulations binding in aeronautical meteorology.


Article 41 in the case of collective labour conflicts, strikes do not affect: (a)) and the recorded observations and measurements in the national network of meteorological surveillance;
  

b) reporting and tracking of dangerous weather phenomena, potentially challenging material damage stranded or loss of life;
  

c) fulfilment of the legal protection of national defense and the air navigation meteorological, sea and river, 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 Centre can pass under it. In this case, the Ministry of national defence headquarters and sets them any specific powers.


Article 43 this law enters into force within 30 days from the date of publication of her) in the Official Gazette of Romania, part I. — — — — — — — — — — *) Law No. 139/2000 has been published in the Official Gazette of Romania, part I, no. 360 of 2 august 2000.


Annex the SIGNIFICANCE of technical terms used in the table of contents of the law

For the purposes of this law, the terms below shall mean entered: 1. meteorology-the result of observations and measurements performed or recorded at the stations and weather stations, including radar and satellite assets. They represent the expression of atmospheric parameters characterizing at a time the weather in a determined place;
2. Observer aerologic-special weather station intended for the measurement of meteorological parameters you atmosphere in altitude;
3. radar observer-special weather station intended for detection and tracking potentially dangerous weather phenomena by means of radio;
4. platform-surface meteorological ground station for weather related location weather instruments and appliances with running programs from the meteorological observations and measurements, including the aeronautical meteorology, where appropriate;
5. post special meteorological meteorological unit representing the place and facilities primarily intended to measure precipitation;
6. meteorological products-products derived from the analysis of results and processing of meteorological data: reports on weather conditions, forecasts, analysis, alerts and any other characterizations of the State and evolution of the times;
7. national network of meteorological surveillance-system stops, stations, observatories and territorial services intended for meteorological activity;
8. weather station-the base unit in the work place and representing meteorological facilities needed for running meteorological observations and measurements after the methodology and with the opinion of the National Meteorological Centre;
9. protection zone absolute-meteorological terrain surrounding a platform 30 m weather from each side has established according to the recommendations of the World Meteorological Organization, they are prohibited from running any installations of aboveground irrigation and planting of agricultural crops.

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