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Law No. 36 Of 16 January 2002 For The Modification And Completion Of The Law #. 17/1990 On The Legal Regime Of Maritime Waters, The Territorial Sea And The Contiguous Zone Of Romania

Original Language Title:  LEGE nr. 36 din 16 ianuarie 2002 pentru modificarea şi completarea Legii nr. 17/1990 privind regimul juridic al apelor maritime interioare, al marii teritoriale şi al zonei contigue ale României

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LEGE no. 36 36 of 16 January 2002 to amend and supplement Law no. 17/1990 on the legal regime of inland sea water, territorial sea and contiguous area of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 77 77 of 31 January 2002



The Romanian Parliament adopts this law + Article 1 Law no. 17/1990 on the legal regime of inland maritime waters, territorial sea and contiguous area of Romania, published in the Official Gazette of Romania, Part I, no. 99 of 9 August 1990, shall be amended and supplemented as follows: 1. The title of the law will read: " LEGE on the legal regime of inland maritime waters, the territorial sea, the contiguous area and the area exclusive economic activities of Romania " 2. Article 1 shall read as follows: "" Art. 1. -This law regulates the legal status of inland sea waters, territorial sea, contiguous zone and exclusive economic zone, in accordance with the provisions of the United Nations Convention on the Law of the Sea, ratified by Romania by Law no. 110/1996 .. " 3. Article 1 shall be inserted after Article 1 with the following contents: "" Art. 1 1 ^ 1. -The territorial sea of Romania includes the sea strip adjacent to the shore or, as the case may be, inland sea waters, having a width of 12 nautical miles (22.224 m), measured from the baselines. The baselines are the lines of the largest reflux along the shoreline or, as the case may be, the straight lines that unite the most advanced points of the shoreline, including the shoreline of the islands, the mooring sites, the hydrotechnical facilities and other permanent port facilities. The geographical coordinates of the points between which the basic straight lines are drawn are set out in the Annex which forms an integral part of this Act. In the case of objective developments likely to influence the points between which the basic lines are drawn, the coordinates of the new points are established by Government decision. The outer boundary of the territorial sea is the line which has each point at a distance of 12 nautical miles, measured from the nearest point of the baselines. ' 4. After Article 7, Chapter II ^ 1 is inserted as follows: "" CHAPTER II ^ 1 Romania's exclusive economic zone in the Black Sea Article 7 ^ 1. -The exclusive economic zone of Romania is established in the marine space of the Romanian shore on the Black Sea, located beyond the limit of the territorial sea waters and adjacent to them, in which Romania exercises sovereign rights and jurisdiction over the natural resources of the seabed, its subsoil and the water column above, as well as the various activities related to the exploration, exploitation, protection, conservation of the environment and their management. Under the specific conditions determined by the dimensions of the Black Sea, the extent of the exclusive economic zone of Romania is established by delimitation, on the basis of agreement concluded with the neighboring states whose shores are bordering or lying face to face with the Romanian Black Sea coast, taking into account the fact that the maximum width of the exclusive economic zone, in accordance with the provisions of the United Nations Convention on the Law of the Sea, ratified by Romania through Law no. 110/1996 , may be 200 nautical miles measured from the baselines provided in art. 1 1 ^ 1. The delimitation is made in accordance with the generally recognized principles of international law and observance of the Romanian legislation, by applying, depending on the specific circumstances in each delimited sector, the principles and criteria of Generally recognised delimitation so as to reach a fair solution. Article 7 ^ 2. -In the exclusive economic zone Romania exercises: a) sovereign rights of exploration and exploitation, protection, preservation and management of all natural biological and/or non-biological resources and other resources that lie on the seafloor, in its basement, in the water column, in the airspace of above it; b) sovereign rights regarding other activities related to the exploration and exploitation of the area for economic purposes, such as the production of energy by means of water, currents and winds; c) exclusive rights regarding the location and use of artificial islands, installations and works intended for scientific research, exploration and exploitation of natural resources in this area or for other economic purposes; Jurisdiction concerning: -the location and use of artificial islands, installations and works; -marine scientific research; -protection and conservation of the marine environment and marine fauna; e) other rights provided for in this law or in other normative acts of Romania and of the generally recognized norms of international law. Sovereign rights and jurisdiction provided in par. 1 is carried out in accordance with the Romanian legislation. Article 7 ^ 3. -Romania can cooperate in its exclusive economic area, through its competent bodies, with the other bordering states on the Black Sea, to ensure the rational preservation, exploration and exploitation of biological resources, protection and environmental defense marine, especially in the sectors directly adjacent to this area, taking into account the specific characteristics of the Black Sea as a large semi-closed and with low biological potential. Article 7 ^ 4. -In the exclusive economic zone of Romania all states, riparian or without seaside, enjoy, in accordance with the generally recognized norms of international law, the freedoms of navigation, of survol and of installing cables and pipes subs, as well as the freedom to use the sea for other purposes internationally bid, related to the exercise of these freedoms, in accordance with the provisions of this law and other normative acts of Romania. On the axis of the route of the cables and pipes mounted in the sea, security and protection areas are established, which extend up to 1,000 meters from one side of it. Article 7 ^ 5. -Romania has priority interests in relation to the stocks of Anadroroma fish which reproduce in its waters and has the main responsibility for these species, thereby exercising their rights with regard to them. The Romanian competent bodies shall take measures to ensure the conservation of the stocks of these species of Anadroroma fish by appropriate action and the establishment of rules on the regulation of their fishing, including the establishment of the total cooperate to this end with the organs of other interested states, where the mentioned species migrate beyond the limits of the exclusive economic zone of Romania. Article 7 ^ 6. -Romania ensures the optimal use of fish resources and other biological resources, by taking technical or other measures that are required with regard to their conservation and management in all waters located within the outer limits of its exclusive economic zone, with the consideration of the safest scientific data, and in cases where it considers it necessary, in collaboration with international organizations having competence in this field and to which Romania is or not is a member For this purpose the Romanian competent bodies shall establish annually the total authorized volume of catches for each species of fish and other biological resources, adopt technical and other measures to ensure rational fishing and conservation, protection and regeneration of biological resources, ensuring compliance with the Romanian legislation on satellite monitoring of fishing vessels, including inspection, detention, seizure and prosecution of fishing vessels that violate sovereign rights of the Romanian state. The stocks of anadromous fish that reproduce in the water courses of Romania can only be fished in the waters located within the limits of its exclusive economic zone. With regard to compliance with regulations on fish stocks that habitat or cross waters located in the exclusive economic zones of other states or migrate to international waters, Romania's cooperation will be ensured through agreements specific, with a view to preserving and managing these stocks, and taking due account of its interests and responsibilities. Article 7 ^ 7. -The Romanian competent bodies may allow the access of fishing vessels of other states to the exclusive economic zone of Romania, on the basis of agreements, under conditions of reciprocity, in compliance with the Romanian laws and regulations, as well as the norms generally recognised by international law, for the purpose of exploiting a possible surplus of the total authorised volume of catches. States participating, on the basis of agreement with Romania, to measures aimed at the renewal of stocks of Anadroroma fish and to the restoration of fishery resources and other biological resources in its exclusive economic zone, in particular by financing these measures, are taken into account with priority to the realization of the provisions of 1. Article 7 ^ 8. -In its economic zone Romania has exclusive jurisdiction over artificial islands, facilities and works, including the right to exercise control for the prevention of crimes and other violations of its laws and regulations in customs, tax, health and immigration, as well as in relation to security laws and regulations. Around artificial islands, installations and works in the exclusive economic zone of Romania, security and protection zones are established that extend up to 500 meters from each point of their outer limits, apart from the cases. in which it is otherwise provided by generally recognised international rules. The competent Romanian bodies shall establish and establish in these areas the necessary measures to ensure the security and protection of both navigation and artificial islands, installations and works. Organizations, companies, individuals and legal, Romanian and foreign persons, who have the right to place, maintain and exploit the artificial islands, the installations and the above-mentioned works, are obliged to ensure and maintain operation of permanent means of warning of their existence. The installation of artificial islands, the location of installations and works, the establishment around them of the areas of security and protection, as well as the complete or partial abolition of these installations and works are communicated by opinions for seafarers issued by the competent Romanian authorities, together with all the data necessary to identify them. " 5. Letters f), g), h) and i) of Article 9 shall read as follows: " f) the launch, landing or embarkation of military technique, divers, submarines, other submersible vehicles or amphibious and any other installations capable of carrying out aquatic or underwater research; g) boarding or landing of goods, narcotic drugs and psychotropic substances, funds or persons, contrary to the laws and regulations in force, including customs, tax, sanitary or immigration; h) deliberate and serious pollution, of any nature, of water and of the marine environment, of the airspace above water or the deliberate and serious damage to marine ecosystems; i) any fishing activity or other activity of exploration or illegal exploitation of natural and biological resources; " 6. In Article 12, 3 new paragraphs are inserted with the following contents: " Foreign ships carrying radioactive substances or other hazardous or harmful substances or waste can pass through the territorial sea only with the approval of the competent Romanian bodies. The approval must be requested at least 30 days before the estimated date of entry into the territorial sea of Romania. During the harmless passage of the ships provided in par. 2 stopping or anchoring is not allowed, except in the cases provided in art. 8. Foreign ships with nuclear propulsion or carrying radioactive substances or other hazardous or harmful substances or waste shall only use the navigation paths designated by the competent Romanian authority and shall comply with the separation devices of the traffic prescribed. " 7. Article 18 shall read as follows: "" Art. 18. -The criminal jurisdiction of Romania also applies to the violation of the provisions of this law on the exclusive economic zone of Romania by persons boarded on board foreign ships used for commercial purposes, if the facts are committed under such conditions that, according to the criminal law, they are considered crimes. " 8. Article 20 shall read as follows: "" Art. 20. -In the exercise of Romania's jurisdiction the competent Romanian bodies will be able to order, in accordance with the legal provisions in force, the detention or seizure of a foreign ship used for commercial purposes and will be able to take enforcement measures forced against such a vessel found in the territorial sea, inland sea waters or contiguous area of Romania, in order to ensure the performance of the contracted obligations or other obligations undertaken by that vessel during or in link to its passage through the territorial sea or inland sea waters of Romania, as well as for other claims resulting from navigation events that had as a result of the damage of the ship or cargo or resulting from approaches, assistance or rescue, as well as for compensation, taxes and the like. In case of violation of the sovereign rights of the Romanian state of exploration, exploitation, protection, conservation and management of the environment and biological resources in the exclusive economic zone, the Romanian authorities will be able to take the necessary measures compliance with the Romanian legal provisions in force and with the international conventions to which Romania is a party, including the inspection or detention of a foreign ship used for commercial purposes. The vessel retained and its crew shall be released immediately after the lodging of a security or other appropriate security. ' 9. Article 24 shall read as follows: "" Art. 24. -Liability for any damage or damage caused by a foreign military vessel or any other state vessel used for government services or for non-commercial purposes, as well as by persons belonging to the crew of these vessels, during the time when that ship was in ports, in inland sea waters, in the territorial sea and in the exclusive economic zone of Romania, lies with the State under whose flag the vessel is located. ' 10. paragraphs 1 and 2 of Article 26 shall read as follows: " A foreign ship used for commercial purposes can be traced outside Romania's territorial sea and can be retained to be held liable, if there are reasonable grounds to believe that the ship violated Roman laws and regulations. during the time it was in the inland sea waters, in the territorial sea, in the contiguous area or in the exclusive economic zone of Romania. The pursuit may begin when the foreign ship or one of its boats is found in inland sea waters, in the territorial sea or in the contiguous area of Romania and cannot be continued beyond the limits of the territorial sea or of the contiguous zone, except provided that it is not interrupted. ' 11. After paragraph 5 of Article 26, a new paragraph shall be inserted as follows: "The right of prosecution can only be exercised by the ships and aircraft of the Ministry of National Defence and the Ministry of the Interior, authorized for this purpose." 12. The title of Chapter V shall read as follows: "" CHAPTER V Scientific research in the territorial sea and in the exclusive economic zone of Romania " 13. Article 28 shall read as follows: "" Art. 28. -The activity of scientific research, as well as the prospecting and arrangement of navigation in the territorial sea of Romania is carried out by the specialized Romanian institutions, based on the approved programs and projects and with the opinion Competent Romanian bodies. " 14. Article 29 shall read as follows: "" Art. 29. -Foreign natural or legal persons may participate in scientific research in the territorial sea of Romania only with the express authorization of the Romanian bodies, according to the provisions of the legislation in force and the specific conditions established by these. " 15. After Article 29, Articles 29 ^ 1 to 29 ^ 4 are inserted as follows: "" Art. 29 29 ^ 1. -Marine scientific research in the exclusive economic zone of Romania is carried out only with the authorization of the competent Romanian bodies, in accordance with the Romanian legislation, taking into account the international conventions to which Romania is a party. Scientific research in the exclusive economic zone of Romania, carried out for exclusively peaceful purposes and for the widening and deepening of scientific knowledge in the marine field, for the benefit of all mankind, can also be done by foreign states or international organizations, as well as by foreign natural or legal persons, but only with the prior consent of the Romanian competent bodies. The latter have the right to refuse, in a discretionary manner, the execution of a marine scientific research project in the exclusive economic zone of Romania in the following cases: a) whether the project has a direct impact on the exploration and exploitation of natural, biological or non-biological resources; b) if the project provides for drilling on the seabed, the use of explosives or the introduction of harmful substances into the marine environment; c) if the project provides for the construction, operation or use of artificial islands, installations and works provided for in art. 7 7 ^ 8; d) if the data and information on the project, its nature and objectives are inaccurate or if the author or beneficiary of the project did not pay the obligations contracted by a previous research project, compared to the Romanian state; e) if there are indications or good reasons that lead to the conclusion that the project may affect the sovereign rights and the jurisdiction of Romania over its exclusive economic zone provided by this Law and the provisions international law. Art. 29 ^ 2. -Foreign states, international organizations with competence in this field, as well as foreign individuals and legal entities intending to undertake marine scientific research in the exclusive economic zone of Romania have the obligation to provide the Romanian competent bodies, at least 6 months before the proposed date for the start of the marine scientific research project, all the information they request. Art. 29 ^ 3. -In conducting marine scientific research in the exclusive economic zone of Romania, foreign states, international organizations with competence in this field, as well as foreign natural and legal persons who have obtained the consent of the bodies Romanian competent for this purpose shall be: a) to ensure the participation of the representatives of the Romanian state in the marine scientific research works, including on board ships and other marine scientific research craft; b) allow the Romanian competent bodies, at their request, access to all samples and data obtained in the framework of marine scientific research and submit to them the preliminary reports, the final results and the conclusions after the conclusion research, as well as the data that can be reproduced and the samples that can be fractionated; c) provide the Romanian competent bodies, at their request, an evaluation of the data, samples and research results and help them with their interpretation; d) not to disseminate the results of research, even partially, internationally, on national or international paths, without requesting and without obtaining the consent of the Romanian competent bodies; e) to raise the facilities and materials used, after the cessation of scientific research activity, unless otherwise agreed; f) not to affect in any way through the activity carried out by the sovereign rights and the jurisdiction of Romania over the territorial sea and its exclusive economic zone provided for in this Law. Art. 29 ^ 4. -The competent Romanian bodies have the right to request the suspension of the ongoing marine scientific research works in the exclusive economic zone of Romania, for the following situations, if they are not removed within a deadline set in this purpose: a) the works are not carried out in accordance with the information communicated according to 29 ^ 2, on the basis of which the Romanian competent bodies gave their consent; b) the competent international state or organization or foreign natural and legal persons carrying out the respective works do not comply with the provisions of 29 29 ^ 3. The competent Romanian bodies have the right to ask for the termination of all marine scientific research works in all cases where non-compliance with 29 ^ 2 amounts to an important change in the project or research works. The suspension order given according to paragraph 1 can be revoked by the Romanian competent bodies, and the scientific research project will be able to continue as soon as the competent international state or organization or the natural and legal persons carrying out these research works The marine scientific has complied with the conditions laid down in art. 29 29 ^ 2 and 29 ^ 3. " 16. Article 30 shall read as follows: "" Art. 30. -The prevention, reduction and maintenance of pollution of the marine environment, caused or linked to activities in inland sea waters, in the territorial sea, in the exclusive economic zone and in the atmosphere above them, perform in accordance with the Romanian legislation in force and with the international conventions to which Romania is a party. The competent Romanian bodies establish rules and take measures to protect and preserve the marine environment, as well as to prevent, reduce and keep marine pollution under control and in relation to maintaining security and protection the navigation specific to that area and ensures compliance and enforcement in ports, inland sea waters, territorial sea and the exclusive economic zone of Romania. The measures taken pursuant to this Chapter shall cover all sources of pollution of the marine environment. They shall include, in particular, measures limiting: a) the evacuation of toxic, harmful or harmful substances, especially non-degradable substances, coming from terrestrial sources, from the atmosphere or through the atmosphere or through immersion; b) pollution by ships, in particular measures to prevent accidents and to cope with emergency cases, ensure the security of operations at sea, prevent spills, whether intentional or not, and to regulate the design, construction, equipping and operation of ships and the composition/structure of their affected personnel c) pollution from installations or apparatus used for the exploration or exploitation of natural resources at the bottom of the sea and its basement, in particular measures to prevent accidents and to cope with cases of emergency, ensure the security of operations at sea and regulate the design, construction, equipping and operation of these facilities and equipment and the composition/structure of their affected personnel; d) pollution from other installations or appliances operating in the marine environment, applying measures to prevent accidents and to cope with emergency cases, ensure the security of operations at sea, and regulate the design, construction, equipping and operation of these facilities and equipment and the composition/structure of their affected personnel. The measures taken in accordance with the provisions of this Chapter shall also include those measures necessary to protect and preserve the rare or delicate ecosystems, as well as the living environment of species and marine organisms, the number of which is decreasing, that are threatened or endangered. " 17. Article 31 shall read as follows: "" Art. 31. -It is prohibited, according to the legislation in force, pollution of any nature of the inland sea waters, of the territorial sea and of the exclusive economic zone, and of the atmosphere above them, by any means or means, such as: discharge, the dumping, sinking or release from ships or other floating, submersible or fixed installations on aircraft, and by sources on the shore of non-degradable, toxic, radioactive, hydrocarbons, or waste substances or waste of other harmful substances, harmful or dangerous to human health or to flora and fauna of the sea, or other residues or materials that may cause damage to the Romanian shore or to create obstacles to the legitimate use of the sea. " 18. Article 32 shall read as follows: "" Art. 32. -If there are reasonable grounds to believe that a ship used for commercial purposes, which is in the inland sea waters or in the territorial sea or which has passed or sails through the exclusive economic zone of Romania, has violated the provisions of the Romanian legislation or the international rules on the prevention, reduction and maintenance of pollution of the marine environment, the competent Romanian bodies are entitled to ask the respective vessel for explanations in relation to the facts that are imputed, as well as to inspect this ship, if it would refuse to submit the explanations requested or if the explanations received do not tally with the facts, and when the evidence justifies it, to file a judicial action in relation to this violation, in accordance with the Romanian legislation, and, among other measures necessary, to order, subject to the rules of international law, to retain the ship. If there is obvious evidence that a ship used for commercial purposes, which is in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania, has violated the provisions of the Romanian legislation or the rules international prevention, reduction and control of marine environmental pollution, by immersion or discharges of non-degradable, toxic, radioactive, hydrocarbons and other harmful substances, harmful or dangerous to human health or to the flora and fauna of the sea, which have produced or risks to produce, through pollution, risks and damages important to the Romanian shore or to the interests of the Romanian state or to any resources in its inland maritime waters, its territorial sea or its exclusive economic zone, the competent Romanian bodies are entitled to file a judicial action in relation to this violation, in accordance with Romanian law, and to order, subject to the rules of international law and whether the evidence justifies it, the detention of the ship. " 19. Article 33 shall read as follows: "" Art. 33. -If a foreign ship used for commercial purposes is located in a Romanian port or at a terminal facility offshore, the Romanian competent bodies may initiate legal proceedings in relation to any violation made by this ship, and if the ship is In the inland sea waters, in the territorial sea, in the contiguous area or in the exclusive economic zone of Romania, it can be traced and retained in accordance with the provisions of 20 20, 26 and 27. " 20. Article 33 (1) shall be inserted after Article 33: "" Art. 33 33 ^ 1. -For the purposes of this Law 1. the pollution of the marine environment means the introduction by any natural or legal person, directly or indirectly, of substances or energy into the marine environment, when it has or may have harmful effects, such as damage to resources biological, marine fauna and flora, risks to human health, hindrances to marine activities, including fishing and other legitimate uses of the sea, alteration of the quality of the sea water in terms of its use and degradation of its recreational values; 2. by immersion is understood: a) any deliberate evacuation of waste or other materials from ships, aircraft, platforms or other works placed at sea; b) any sea-based approach to ships, aircraft, platforms or other things. The term sinking, within the meaning of 1 1 section 2 2, shall not cover: a) the disposal of waste or other materials directly or indirectly from the normal operation of ships, aircraft, platforms or other works placed at sea, and their equipment, with the exception of waste or other materials carried by vessels or transhipped on ships, aircraft, platforms or other works placed at sea, which are used for the disposal of such materials or from the treatment of such waste or other materials on board such vessels, aircraft, platforms or works; b) the storage of subjects for a purpose other than their simple disposal, provided that this storage does not contravene the purposes of this law. " 21. Article 34 shall read as follows: "" Art. 34. -If in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania there is a collision of ships, a failure or another maritime damage, and the actions related to such an event may have consequences harmful for the marine environment and fauna, as well as for inland sea waters, territorial sea, exclusive economic zone or for the Romanian shore, the competent Romanian bodies are entitled to adopt the necessary measures, corresponding to the damage effective or with the threat it poses, for the purpose of defending against pollution or the threat of pollution, and ensure compliance with these measures beyond the limits of the territorial sea. The sinking of waste in the territorial sea, the exclusive economic zone of Romania or on the continental shelf of Romania, as defined in art. 76 of the United Nations Convention on the Law of the Sea, cannot take place without the prior express consent of the competent Romanian bodies; they have the right to authorize, regulate and control this sinking, after having examined in the manner The problem with the other states for which this sinking can, due to their geographical situation, cause harm to them and their environment. " 22 22. Letters b), c), g) and l) of paragraph 1 of Article 35 shall read as follows: " b) violation of the prohibition provided for in Article 31, as well as illegal bringing into the country, for the purpose of dumping, throwing or sinking into inland sea waters, in the territorial sea or in the exclusive economic zone of Romania or of release into the atmosphere above them, from ships or from other floating or fixed installations, of aircraft or submersible vehicles, of non-degradable, toxic, radioactive, hydrocarbons or other harmful substances, harmful or hazardous to human health or to the flora and fauna of the sea or other residues or materials which may cause damage to the shore Romanian or to create obstacles to the legitimate use of the sea, including for tourism purposes; c) industrial fishing or other activity of illegal exploration and exploitation of the natural and biological resources of the inland sea waters, of the territorial sea or of the exclusive economic zone of Romania, including the seabed and the subsoil in these areas; ............................................................ g) performing, without the authorization of the competent Romanian bodies or in violation of the conditions established in the authorization, of scientific research activities, of prospections or other activities in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania; ............................................................. l) non-compliance with the rules established by the competent Romanian bodies regarding the security of navigation and the protection of installations, other equipment, telecommunications cables and submarine pipelines, in inland sea waters, in the sea territorial or in the exclusive economic zone of Romania; " 23. After letter l) of paragraph 1 of Article 35, the letters m), n) and o) shall be inserted as follows: " m) the creation of artificial islands, the location of installations and works in the exclusive economic zone of Romania; n) non-compliance with the opinions for seafarers and signings on the installation of artificial islands, the location of installations and works in the exclusive economic zone of Romania; o) failure to provide facilities and other equipment with permanent means of warning of their presence, violation of the norms for maintaining these means in good condition of operation and liquidation of facilities and equipment whose use was definitively prohibited in the exclusive economic zone of Romania. " 24. Paragraph 2 of Article 35 shall read as follows: " The contraventions provided in par. 1 lit. a)-h) is sanctioned with a fine of 80,000,000 lei to 400,000,000 lei, and those provided in par. 1 lit. i)-o), with a fine from 20,000,000 lei to 100,000,000 lei, the sanctions being applicable at the place of finding the contravention facts. " 25. paragraphs 1 and 2 of Article 36 shall read as follows: " If the facts provided in art. 35 35 para. 1 lit. a)-g) caused significant damage or caused other serious consequences or were repeatedly committed, the sanction is fine from 200,000,000 lei to 400,000,000 lei. For the facts provided in art. 35 35 para. 1 lit. b) and c) the sanction may be, depending on the severity of the consequences and the extent of the damage, the fine from 400,000,000 to 1,500,000,000 lei. " 26. After paragraph 4 of Article 36, a new paragraph shall be inserted as follows: "Sanctions also apply to legal entities." 27. Article 37 shall read as follows: "" Art. 37. -The facts provided in art. 35 35 para. 1 lit. d), h), i) and j), if they have been committed for the purpose of guaranteeing the security of the ship or the navigation or saving of human lives or in order to avoid damage to the ship or cargo. " 28. Paragraph 1 of Article 38 shall read as follows: " The contraventions are found and the sanctions apply, in accordance with the regulations in force, to the personnel with supervision and navigation control tasks within the Ministry of Public Works, Transport and Housing, by staff. specially empowered by the Minister of National Defence, the Minister of the Interior, the Minister of Water and Environmental Protection, the Minister of Agriculture, Food and Forestry and the Minister of Health and Family, and other specially empowered persons by law. " 29. Article 39 shall read as follows: "" Art. 39. -The application of fines for contraventions does not exempt the offender from the indemnity obligation for damages caused by land, in inland maritime waters, in the territorial sea and in the exclusive economic zone of Romania, in accordance with Romanian legislation. " 30. Article 41 shall read as follows: "" Art. 41. -Contraventions provided for in art. 35 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, except art. 28 28 and 29. " 31. Article 43 shall read as follows: "" Art. 43. -The bodies of the Ministry of National Defence and the Ministry of Interior will ensure the application of the 21 21-23 and art. 26 and will provide support to other competent state bodies in the application of measures of coercion against foreign ships in the territorial sea and in the exclusive economic zone of Romania, based on the provisions of this law. " + Article 2 On the date of entry into force of this Law, the Decree of the State Council no. 142/1986 on the establishment of the exclusive economic zone of the Socialist Republic of Romania in the Black Sea, published in the Official Bulletin, Part I, no. 25 25 of 26 April 1986. + Article 3 Law no. 17/1990 , published in the Official Gazette of Romania, Part I, no. 99 of August 9, 1990, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs a new numbering. This law was adopted by the Chamber of Deputies at the meeting of November 8, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of December 20, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA -------------