LEGE no. 333 333 of 8 July 2003 (** republished) (* updated *) on the protection of the objectives, goods, values and protection of persons ((updated on 1 December 2015 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) 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. 333/2003 on the protection of the objectives, goods, values and protection of persons was published in the Official Gazette of Romania, Part I, no. 525 525 of 22 July 2003, and subsequently amended and supplemented by: - Government Emergency Ordinance no. 16/2005 for the modification of h) a art. 17 17 of Law no. 182/2002 on the protection of classified information and amending and supplementing Law no. 333/2003 on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 205 of 10 March 2005, approved with amendments by Law no. 151/2005 , published in the Official Gazette of Romania, Part I, no. 441 441 of 25 May 2005; - Law no. 9/2007 for amendment Law no. 333/2003 on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 30 30 of 17 January 2007; - Law no. 40/2010 to amend and supplement Law no. 333/2003 on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 153 153 of 9 March 2010; - 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. 757 757 of 12 November 2012, rectified, as amended. ---------- + Chapter I General provisions + Article 1 (1) Guard and protection are activities carried out by specific forces and means, in order to ensure the safety of objectives, goods and values against any illicit actions that damage the ownership, material existence of to them, as well as to protect people against any hostile acts that may endanger their lives, physical integrity or health. ... ((2) Guard and protection shall be carried out by military or civil forces and means, by specialized institutions of public administration authorities, or in private mode, by the owners or holders of objectives, goods or values, as well as by specialized security and protection companies. ... + Article 2 (1) Ministries and other specialized bodies of central and local public administration, autonomous regions, national companies and companies, national research and development institutes, companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, regardless of the nature of the social capital, as well as other organizations that hold goods or values with any title, referred to in this law units, are obliged to ensure their security. ... (2) Individuals may appeal for personal protection to the services of specialized security and protection companies, under the conditions of this law. ... + Article 3 (1) Depending on the importance, specificity and value of the goods they hold, the heads of the units provided in art. 2 2 para. (1), with the specialized support of the police, for civil security systems, or gendarmerie, for military ones, establish concrete ways of organizing and executing the guard, as the case may be, with gendarmes, guard with local police, Own security or security through specialized companies. ... (2) Units grouped on a given space can organize, with the opinion of the police, security in common with local police, security of their own or through specialized security companies. The heads of these units shall establish the security, obligations and responsibilities of each beneficiary, including those regarding the preparation of the security plan. ... (3) At the establishments where it is not possible to carry out an organized security system, their leaders are obliged to execute fencing, grilles, shutters, secure locks, security lighting, alarm systems or other such means necessary ensuring the security and integrity of property. ... (4) The protection of Romanian and foreign dignitaries during their stay in Romania, their families, the security of their working premises and their residences shall be ensured by the Protection and Guard Service, according to the tasks provided in the special law of organization and its operation. ... (5) Protection of magistrates, police and gendarmes, as well as their family members, in cases where life, bodily integrity or wealth of these persons are subject to threats, shall be ensured by the Ministry of Business Domestic, according to law. ... + Article 4 Liability for taking measures to ensure the security of goods and values held with any title lies with the heads of the units provided in art. 2 2 para. ((1). + Article 5 (1) The guard shall be organized and carried out according to the security plan, drawn up by the unit whose goods or values are guarded, with the specialized opinion of the police. This opinion is binding on each case of changes to the security plan. ... (2) For the units to which the security is provided with gendarmes, the opinion of the police is not mandatory. ... (3) The security plan shall be established mainly: the characteristics of the guarded objective, in that area, the number of posts and their location, the personnel requirements for security, facilities, installations and technical means of security and alarmare, the sign of posts, the connection and cooperation with other bodies with duties to guard the objectives, goods, values and persons and the mode of action in different situations. Access rules will also be provided, according to the provisions of the head of the unit, as well as the documents specific to the guard service. ... (4) In the case of units in which security is provided with personnel of the gendarmerie, of specialized security and protection companies, of local or combined police, the preparation of the security plan shall be made by the heads of the beneficiary units together with the commanders/heads of these herds. ... (5) The specific documents necessary for the execution and record of the guard service, except for the one executed with gendarmes, and their models shall be established by Government decision. ... + Chapter II Guarding forms + Section 1 Guard with gendarmes flocks + Article 6 (1) Guard of objectives of particular importance for the defense of the country, the activity of the state, economy, science, culture and art, of some institutions in the financial and banking field, of the premises of diplomatic missions or of agencies and representatives foreign economic, the headquarters of some international organizations, as well as the transport of special or special values are provided with gendarmes. ... (2) The guard with gendarmes flocks can also be provided at the premises of international bodies carrying out activities on the territory of the country, at their express request, addressed to the Romanian Government. ... (3) The budgetary units and the premises of the diplomatic missions, as well as the units of strategic interest that hold installations or objectives of particular national importance, security beneficiaries with gendarmes, who are exempted from payment, shall be establish by Government decision. ... (4) The objectives of special importance that are not provided with military guard in peacetime and shall be taken in guard, at mobilization, by the Romanian Gendarmerie shall be established, from time of peace, by decision of the Supreme Council of Defense of the Country and shall be approve, when declaring mobilization, by Government decision. ... (5) The objectives and values provided in par. (1) and (2), as well as the personnel, the material and financial means necessary to ensure the security of the gendarmes shall be established by Government decision. ... (6) At the request of natural or legal persons, in situations that do not suffer postponement, at the proposal of the commander of the Romanian Gendarmerie, the Minister of Internal Affairs may approve the temporary provision of guards with gendarmes goods, special values and transports, other than those referred to in par. ((1) and (2). ... (7) By situations that do not suffer procrastination are understood the states of fact characterized by internal tensions, acts of disorder and serious disorder of public order, disasters, frequent thefts from public or private property, which require taking immediately under guard with gendarmes flocks of objectives, sites, areas of land, other than those provided in par. ((1) and (2), as well as the situations in which the state bodies with attributions in the field of defence, public order and national security, in case of imminent danger, expressly request this intervention. ... (8) Guard with gendarmes flocks, approved under the conditions of par. ((6), shall be lifted after the end of the special situation which imposed its establishment. ... (9) The lifting of the guard with gendarmes flocks is carried out, as a rule, by Government decision, in the cases provided in par. (1) and (2), respectively by order of the Minister of Internal Affairs, at the proposal of the commander of the Romanian Gendarmerie, in all situations in which the beneficiaries of the guard, regardless of the way it was established, do not comply with the obligations provided by law or contractual ones, refuse to conclude or reupdate the contract. ... (10) The lifting of the guard from the objectives provided with gendarmes flocks can be made within 60 days from the written warning of their leaders, by order of the Minister of Internal Affairs, at the proposal of the commander of the Gendarmerie Roman. ... (11) If the units that were provided by normative acts to ensure the guard with gendarmes flocks change, restrict or cease their activity or give up this form of security, by decision of the Government of lifting security, the modalities of redistribution of redundant herds and budget allocations approved in this regard will also be established. ... (12) The installation of the guard will be done only after the provision by the beneficiary of the security service of the conditions established by the contract concluded with the gendarme unit and by the security plan drawn up ... + Article 7 (1) The units that benefit from security with gendarmes shall conclude service contracts with the gendarme units, at the level of the echelon that has its own financial organ. ... (2) The security guard service with gendarmes is carried out for a fee, based on the tariffs established by the Ministry of Internal Affairs, according to the law ... (3) The security service can also be carried out when, in contrast, the beneficiary of the services provides, in turn, goods or services, if they are necessary for the Romanian Gendarmerie. ... (4) The conditions of the security service, according to par. (3), shall be established by Government decision, within 60 days from the date of entry into force of this Law. ... (5) The incomes made from security and the provision of other services, organized and executed, according to the law, by the gendarmes units, are fully paid to the state budget. ... ---------- Alin. ((5) of art. 7 7 has been amended by art. I of LAW no. 257 257 of 3 November 2015 , published in MONITORUL OFFICIAL no. 825 825 of 5 November 2015. + Article 8 (1) The guard with gendarmes flocks shall be organized and executed according to the guard plan, in compliance with the provisions of art. 5. ... (2) The gendarmes who provide security at objectives with increased degree of difficulty will benefit from the same bonuses for dangerous, harmful or hard work conditions, as the case may be, as well as the personnel of that objective. ... + Article 9 In the units where, concurrently with security provided with gendarmes, they also operate their own security, with local police officers or through specialized security and protection companies, they will integrate, from a operative point of view, into the unique system of security achieved and conducted by the gendarmerie + Section 2 Security with local police and security + Article 10 Security of goods and values held by natural or legal persons can be ensured, under the law, and by the Body of Public Guardsmen *), according to Law no. 26/1993 on the establishment, organization and functioning of the Corps of public guards * *). Note ... ---------- * *) The body of public guards, regulated by Law no. 26/1993 , reorganized successively in the Community Police through Law no. 371/2004 on the establishment, organization and functioning of the Community Police, and this in the local police through Local police law no. 155/2010 ,, as amended. **) This law was repealed by Law no. 371/2004 on the establishment, organization and functioning of the Community Police, published in the Official Gazette of Romania, Part I, no. 878 of 27 September 2004, with subsequent amendments and completions. Law no. 371/2004 , with subsequent amendments and completions, it was repealed, except art. 20 20 and 21 on public services intended to ensure the security of the objectives of county interest, by Local police law no. 155/2010 , published in the Official Gazette of Romania, Part I, no. 488 488 of 15 July 2010, as amended. ---------- + Article 11 Own security shall be organized in relation to the nature of the objectives, goods and values to be guarded, with the location, extent and vulnerability that some units and places in their premises present, with the number of exchanges in which the activity, access points and other specific criteria are carried out. + Article 12 (1) Own security shall be carried out with qualified personnel, employee of the beneficiary unit, according to the law. ... (2) Depending on the number of security personnel, the management of the unit shall appoint a head of service or a power of attorney to ensure selection, framing, equipping, equipping with weapons and means of protection, as well as for training, planning and its control. ... (3) At the units where the number of guard posts is over 20, the necessary driving structure consists of the head of the guard service and the head of shift. ... (4) At the other units where the number of guards is below 20, the specific security activities shall be fulfilled by an empowered of the management of the unit. ... (5) The head of the guard service or the authorized guard shall be directly subordinated to the management of the unit and shall establish together with this most effective security measures. ... + Article 13 (1) The own security personnel shall consist of guards, porters, access controllers or other persons established by the management of the unit, from the persons designated to ensure the training, control and coordination of the security activity. It is assimilated to security personnel and persons who aggregate security duties with other duties. ... (2) The personnel of their own security shall be equipped with uniforms, protective equipment and distinctive insignia, which they wear during the execution of the service. ... + Article 14 (1) With the opinion of the police, the personnel in their own security of the units can be equipped with firearms, rubber sticks or tomphes type, tear sprays and other means, in relation to the importance of objectives, goods and guarded values. ... (2) At the units where the own guard and guard with gendarmes flocks operate, the equipment with firearms, the approval, training and control of the security personnel shall be carried out by the gendarme unit that coordinates the unique guard system. ... + Section 3 Security in the countryside + Article 15 Units located on the territory of rural localities organize their security according to the provisions of this law + Article 16 Natural or legal persons who hold, with any title, agricultural land can organize, in association or individually, the field guard, through one of the guarding forms provided by law. + Article 17 Security of railways, forests, forest land, hunting and fishing funds, pipelines for the transport of hydrocarbons and petroleum products, irrigation systems, telephone and energy transport networks electric is provided by the relevant economic operators, in the forms provided by law. + Article 18 (1) In rural areas, the communal security is organized. ... (2) The mayor is obliged to take measures to ensure the security of public goods and citizens and is responsible for drawing up the plan to guard the commune. ... (3) The preparation of the guard plan, the training and control of the security personnel in rural localities shall be carried out by the local police bodies or by the structures involved in the security activity. ... (4) The ways of carrying out the guard in rural areas shall be established by decision of the local council, after the prior consultation of the inhabitants, in the forms provided by law. ... (5) The payment of security services in rural areas, as well as the procurement of protective equipment, insignia and means of defense or utility, necessary for the proper execution of the guard service, shall be ensured from the local budget. For the payment of security services, local councils can institute special fees, according to the law. ... + Section 4 Security and protection through specialized companies + Article 19 (1) Specialized security and protection companies are regulated companies Law no. 31/1990 , republished, with subsequent amendments and completions, private that are constituted and operate according to the commercial legislation and the provisions of this law, having as object of activity security of objectives, goods or values, security transport of goods and values, in conditions of their maximum safety, as well as the protection of persons. ... (2) The specialized security and protection companies operate on the basis of the license issued by the General Inspectorate of the Romanian Police, with the prior opinion of the Romanian Intelligence Service, for at least one of the objects of activity provided in par. ((4), which can be renewed every 3 years. The withdrawal of the prior opinion of the Romanian Intelligence Service may be the basis for the cancellation of the ... (3) In order to obtain the operating license, the following conditions are required: ... a) presentation of the organization and functioning regulation of the company; ... b) presentation of the list of material, technical, transport, communication means, with audiovideo means, recognition and identification equipment, alarm systems against efaction, timing and counting systems, with the centers of supervision and dispatches, calculation technique and software used, with armaments and other technical means that will be part of the company's endowment, depending on the object of activity; ... c) presentation of evidence of registration with the name of the company and of the distinctive marks registered with the State Office for Inventions and Trademarks; ... d) the presentation of the notification by which the county council or, as the case may be, the General Council of the Municipality of Bucharest about the fact that the company will have its registered office in the area of their responsibility; ... e) presentation of proof of payment of the fee for obtaining the operating license; ... f) presentation of the professional attestation for persons performing security and protection activities. ... (. Specialized security and protection companies may have one or more of the following objects of activity: ... a) services of security of objectives, goods and values, as well as consulting services in the field; ... b) transport security services of goods and values, as well as consulting services in the field; ... c) specialized personal protection services, called bodyguard, and consulting services in the field. ... (5) Security services shall be understood as: ... a) security of property against unauthorized access or abusive employment; ... b) security of property against theft, destruction, fires, as well as other actions producing property damage; ... c) the detection of substances, weapons, explosives or materials of any nature which may cause damage; ... d) intellectual property security; ... e) guarding the environment; ... f) the provision to the competent authorities of information related to incidents occurring during the security activity. ... (6) The transport security services of goods and values shall be understood: ... a) the organization and insurance of the land transport security, on the water or air of goods of special importance, values or any other object that the beneficiary of the service names so; ... b) the organization and insurance of the transport of certain data and information, regardless of the support they are and of the method chosen for the transmission; ... c) organization and insurance, according to the legislation in force, to protect the means of communication; ... d) the organization and transport insurance for persons who request to be transported in maximum safety; ... e) the provision to the competent authorities of data about incidents occurring during transport activity. ... (7) By specialized protection service of the person-bodyguard-it is understood: ... a) protection of the life and bodily integrity of the person under protection; ... b) protection of the person under protection against harassment, punishable by law; ... c) protection of the person under protection during transport; ... d) the provision to the competent authorities of information related to incidents occurring during the protection activity. ... (8) The consulting service is understood to: ... a) assistance with regard to the activities covered by the provisions of par. ((5)-(7); ... b) preparation of analyses, assessments and reports on the risks to the security of the person, property or environment. ... (9) The head of the specialized guard and protection company must obtain the opinion of the county police inspectorate or the General Police Department of Bucharest, as the case may be, in whose territorial area the company That. ... (10) The competent police unit may grant the opinion of the person referred to in paragraph (9), which has Romanian citizenship or the nationality of one of the Member States of the European Union or of the European Economic Area, has reached the age of 21, possesses training corresponding to its duties, is known to have a good citizen's conduct and did not suffer convictions for crimes committed with intent. ... + Article 20 (1) Personnel from specialized security and protection companies is prohibited from gathering data and information. ... (2) If they take possession of data and information aimed at national security, the personnel referred to in par. ((1) it is obliged to inform the competent authorities in the field of national security immediately. ... + Article 21 (1) The leaders of specialized security and protection companies are obliged to ensure compliance with the legal provisions and their own regulations in the organization and functioning of this form of security, in the employment, training and control of personnel, the port of uniform and distinctive marks, as well as in the endowment with means of intervention and individual defense, according to the law. ... (2) The payment of security and protection services provided by specialized companies shall be made on the basis of contracts concluded with the beneficiaries. ... (3) The specialized security and protection companies have the obligation to keep records of contracts in special registers. ... (4) Specialized security and protection companies may not adopt, uniform, identical or similar equipment, equipment or names, similar or likely to lead to confusion between them, as well as those of public authorities, or of international bodies to which Romania is a party. ... (5) The model of the equipment of the security and protection personnel is established by Government decision and inscribed with the name and logo of the company, approved on the occasion of the license. On the vehicles of the specialized companies, only the name, logo, object of activity for which the license was issued by the police and the telephone numbers of the company are inscribed. The installation and use of light or acoustic signalling means on the vehicles of the security and protection companies are prohibited. ... (6) specialized security and protection companies may associate with foreign companies or companies, in compliance with the provisions of the law. ... + Section 5-a Body Guard + Article 22 (1) The bodyguard shall be provided by the specialized security and protection companies that have received the license for this purpose, only through specially attested personnel. ... (2) Individuals may engage the bodyguard only on the basis of contract concluded with the specialized security and protection companies provided in par. ((1). ... + Article 23 Personnel serving the bodyguard service are obliged to comply with the laws in force and not to harm citizens ' rights and freedoms in any way. + Chapter III Security of transport of goods and values, as well as transport of special nature + Article 24 (1) The security of transport of goods and values, consisting of sums of money, debt securities, cheques or other documents of value, metals and precious stones, shall be provided with specific means of transport intended and shall be carried out, as the case may be, with gendarmes, personal or a specialized security and protection society, armed with firearms, under the law. ... (2) Transport security of special products consisting of: weapons, ammunition, fighting technique, explosive materials, narcotics, toxic substances, nuclear materials or other radioactive materials or other hazardous substances or substances, perform with specific means of transport intended and shall be provided with gendarmes, except those organized and executed with personnel of the Ministry of National Defence. ... (3) The security of transport of goods and values or products of a special nature, in transit on the territory of Romania, by rail or road, shall be ensured with gendarmes. ... (4) By exception to the provisions of par. (2), the security of transport of special products, consisting of a maximum of 25 weapons or 30,000 cartridges, may also be ensured by authorized dealers, with specific means of transport intended and their own security personnel, attested and armed with lethal firearms. ... ---------- Alin. ((4) of art. 24 24 was introduced by art. unique from LAW no. 56 56 of 25 March 2015 , published in MONITORUL OFFICIAL no. 202 202 of 26 March 2015. + Article 25 (1) The guard of shipments of goods and values or those of special character shall be organized and executed according to the provisions of the security plan, drawn up by the unit whose goods or values are transported together with the standing unit, with the opinion police, which is also mandatory in case of its modification. This opinion is not necessary in the case of the units to which the transport security is provided with gendarmes or those belonging to institutions with attributions in the field of national defence and safety. ... (2) The security plan shall be established mainly: the goods and values to be transported, the environmental conditions appropriate to the nature of the goods and the values carried, the operative situation, the duration of the transport, the means of transport used, the variants transport, the security device, the general and private record for the personnel involved, the endowment with technical means and self-defense, the mode of action in different situations, according to the legal regulations in force. ... ((3) As a rule, shipments of goods or values or shipments of special products shall be carried out in the daytime. ... (4) Regardless of the nature of the transport, its security will be provided by at least one armed person, within the locality, and at least two, outside it. ... (5) The necessary effects of the transport of goods and values, as well as of the special ones, provided in art. 24, shall be established by mutual agreement, by the head of the unit that provides the security forces and that of the beneficiary unit, through the security plan and the contract. ... (6) For flocks that ensure the security of transport of goods and values, including those of a special nature provided for in art. 24 24 para. (2), the beneficiaries shall ensure, as appropriate, appropriate conditions for the performance of the service, as follows ... a) service compartment or on-call body wagons, for rail transport; ... b) armored, semi-linear or specially arranged vehicles, for the transport of special values or products, as well as for the crews providing their security; ... c) specially designed or reserved compartments for naval or air transport. ... (7) The goods and values provided for in art. 24 shall ensure at an insurance company by the beneficiary of the transport contract or by the carrier, as the case may be, according to the agreement between the parties. ... + Article 26 (1) The means for the transport of goods and values or the one with special character, provided in art. 24, shall be equipped with technical security, alarm, monitoring, localization and surveillance devices, intended to ensure the security of the accompanying persons, goods, values and special products transported, and equips themselves with the technique of radio communications on frequencies approved under the law. ... ((2) In the case of shipments of goods and values consisting of scientific, technical, cultural and art values or of those with special character provided in art. 24 24 para. ((2), the head of the unit shall provide at least one accompanying crew for the security and protection of the goods or those values. ... (3) Carriers of goods or values have the obligation to monitor permanently the transport and emergency notification of the police in case of danger. ... (4) The minimum requirements that the means of transport provided for in art. 24 24 para. ((1) and (2), for the protection of the accompanying personnel and the transported values, shall be established by the methodological norms for the application of this law. ... + Chapter IV Technical protection and alarm systems against burglary + Section 1 Means of protection and alarm against burglary + Article 27 (1) The heads of the units holding goods, values, document storage media, data and information of a state secret nature shall be obliged to provide security, mechano-physical means of protection and alarm systems against in the places of storage, storage and handling, as well as in the places where activities that have such a character are carried out. ... (2) The projects of the alarm systems shall be endorsed by the General Police Directorate of Bucharest Municipality or by the county police inspectorate within which the objective is located, in terms of compliance with the minimum security requirements against Burglary. ... (3) The mechanical-physical protection elements incorporated into the buildings intended for the storage, storage and handling of goods and values of any kind must be resistant to burglary, corresponding to the degree of safety required by the characteristics the guarded objective, in accordance with the technical requirements established by the methodological norms for the application of this law. ... (4) For the purposes of this law, mechanical-physical protection elements are understood: walls, nets, armour, iron houses, safes, metal cabinets, windows and protective film, grilles, doors and locks. ... (5) For the purposes of this law, by means of alarsea system against burglary means the electronic equipment assembly which can be composed of the central control and optical and acoustic signalling, detectors, buttons and panic pedals, access and closed circuit television with possibilities for recording and storing images and data, corresponding to the degree of safety required by the characteristics of the guarded objective. ... (6) The installation, modification, including the commissioning of the alarm systems against the efaction shall be approved and controlled according to the provisions of par. ((2). ... (7) The projects of alarsea systems against efaction shall be made mandatory for the objectives that are subject to the police approval, and their elaboration shall be done in compliance with the minimum technical requirements established by the methodological norms of the application of this law. ... + Article 28 In the projects of execution of constructions intended for the production, preservation or possession of goods or important values or works of modernization, modification and transformation thereof must be provided for the construction or introduction means of mechanical-physical protection and installation of technical security and alarm systems against burglary. + Article 29 Beneficiaries, leaders and staff of specialized companies in the field of alarm systems and mechano-physical means of protection are obliged to maintain the confidentiality of information relating to the systems installed or held in maintenance. + Article 30 The classification of alarsea systems against burglary is made in relation to the importance of goods and values to be defended and with the category of importance of construction by insurance companies. + Section 2 Licensing of specialized companies in alarmare systems against burglary + Article 31 (1) Natural or legal persons may carry out activities of design, installation, modification or maintenance of components or alarm systems against burglary, only on the basis of the license issued by the General Inspectorate of the Romanian Police, extended every 3 years, and with the prior opinion of the Romanian Intelligence Service, issued within 30 days. ... (2) The natural or legal persons referred to in par. (1) are obliged, within 15 days, to communicate in writing to the competent police unit any change in the structure and organization of the activity for which the license was issued. ... (3) The leaders of the legal entities, their technical staff and the individuals who carry out the activities provided in par. (1) shall be endorsed by the county police inspectorates or the General Police Directorate of Bucharest Municipality within which/to which the company has its headquarters, namely the natural person, the domicile. ... ((4) Persons licensed or authorized in one of the Member States of the European Union or of the European Economic Area may carry out the activities referred to in par. ((1) and (3) after notification of the General Inspectorate of the Romanian Police. ... + Article 32 (1) Specialized companies in the field of alarm systems are prohibited from collecting information, audio or video recordings that exceed the object of activity for which they were granted the license, as well as the installation of equipment dissimulated to enable them to perform these activities. ... (2) The leaders of the companies specialized in the design, production, installation and maintenance of the alarm systems are obliged to ensure compliance with the legal provisions and regulations of their own organization and functioning, approved at the licence. ... (3) The specialized companies in the field of alarmare systems may associate themselves with foreign companies or companies, in compliance with the provisions of this law. ... + Section 3 Dispatches for monitoring of alarm systems + Article 33 (1) Gendarme units, local police officers, specialized security and protection companies, as well as those in the field of alarm systems against burglary can set up area dispatches to monitor and transmit the alarms from electronic systems connected to intervention crews. ... (2) Establishment of area dispatches, according to par. (1), shall be made only after the approval of the regulation of organization and functioning by the General Inspectorate of the Romanian Police. I am the exception of the gendarmes units, for their own dispatches ... (3) The payment of the monitoring services by dispatching of the local alarm system shall be made on the basis of contracts concluded with their beneficiaries. ... (4) The intervention of mobile crews in case of reception of alarm signals from connected subscribers will be carried out with qualified personnel from the gendarmerie, local police or specialized security and protection companies. ... (5) In situations where the intervention is confirmed and its own forces are exceeded by the extent of the events, the competent police unit is notified by dispatch, in order to catch criminals and research the scene. In the other cases, after catching the offenders, they will be handed over immediately to the territorial competent police units. ... (6) The mention in the guard plan that the objective is ensured by connecting the alarm system to a dispatcher for monitoring and transmitting alarm signals is mandatory. ... + Chapter V Selection, attestation, hiring, training and equipping of security personnel and bodyguard + Section 1 Selection and employment of security personnel and bodyguard + Article 34 Liability for selection, employment, level of training, equipping and equipping of security personnel and bodyguard rests with the employer. + Article 35 The personnel with security duties shall consist of: security guards, porters, access controllers, supervisors, value attendants or other persons established by the management of the unit or designated to ensure the training, control and coordination of the activity Security. + Article 36 The person who is to perform security or protection duties must cumulatively meet the following conditions: a) be a Romanian citizen or citizen of one of the Member States of the European Union or of the European Economic Area and be at least 18 years of age; ... b) be medically fit for the exercise of the function; ... c) have no criminal record for crimes committed with intent; ... d) be certified professionally, according to the provisions of this law. ... + Article 37 (1) The employment of personnel with security duties or bodyguard shall be made on the basis of the attestation issued under the conditions provided in art. 38 38 and the criminal record certificate. ... (2) The heads of the units provided in art. 2 2 para. (1), who hold state secrets or who carry out activities of strategic interest, are obliged to request the opinion of the Romanian Intelligence Service, for the personnel employed in order to execute the security service. ... (3) The heads of the units provided in art. 2 2 para. (1) may hire for a fixed term persons who meet the conditions laid down in art. 36 lit. a)-c), but not more than 3 months and only at the first employment, in order to ensure the necessary period for the completion of the procedures for hiring and obtaining the professional attestation. ... + Section 2 Attestation and training of security personnel and bodyguard + Article 38 (1) The testing of personnel for the execution of security activities of objectives, goods, values and bodyguard shall be made by the General Police Directorate of Bucharest Municipality or, as the case may be, by the county police inspectorate in radius to whom the person has his domicile or residence, after completing the basic professional qualification courses and passing the examination, on the basis of the documents certifying the fulfilment of the conditions provided in 36 lit. a)-c). ... (2) Attestate issued according to par. (1) grants the right to the holder to practice the basic occupation in the field governed by this law. ... ((3) The occupations covered by the security activities, the type of training required for the practice of these occupations and the model of the attestation shall be established by the methodological norms for the application of this law. ... ((. For the citizens of the Member States of the European Union or of the European Economic Area, the attestation may be issued on the basis of documentary evidence issued by the competent authorities of the State of origin or of the Member State of origin know Romanian, written and spoken. ... (5) They are exempted from the obligation to obtain the certificate of completion of the professional qualification course persons who hold a certificate of professional skills, acquired according to the law, and who prove that they had the status of policeman or Military framework or had, for a period of at least one year, the quality of soldier or volunteer graduated. ... + Article 39 (1) The professional training of personnel for the execution of the activities of guarding the objectives, goods, values and bodyguard is carried out through professional training providers in the public or private sector, authorized under the law. ... (2) The professional training provider has the obligation to approve the registration at the professional qualification courses only of the persons who prove the fulfilment of the conditions provided in art. 36 lit. a)-c). ... (3) The graduation examination of the professional qualification courses shall be held before a committee established according to the provisions of the art. 42 42 para. (2) of Government Ordinance no. 129/2000 on adult vocational training, republished. The commission must also include a representative of the General Police Department of Bucharest or, as the case may be, of the county police inspectorate within which the professional training provider is based. ... (4) The theme of vocational training programs is established by the methodological norms for the application of this law. ... + Section 3 Equipping the security personnel + Article 40 Employers are obliged to equip the security personnel and the bodyguard with uniform, distinctive insignia and, as the case may be, protective equipment, which they wear only during the execution of the service. + Article 41 Security personnel or bodyguard shall be required to carry during the service a badge of identification with the name and surname, as well as the name of the unit to which it is employed. + Article 42 ((1) The uniform and the insignia shall be determined by the employer. It will be inscribed only with the name and logo of the employing company. ... (2) It is prohibited for private security companies to adopt insignia, uniforms, accessories or similar names or similar to those of public authorities. Private security companies are also banned from using balacles, face protection masks and metal handcuffs. ... + Article 43 (1) In relation to the importance and nature of the objectives, goods and values guarded, with the opinion of the police or gendarmerie, as the case may be, the security personnel or the bodyguard may be equipped with firearms, rubber sticks or tomphes, sprayers Irritant-tear-tear of small capacity and other means of defense, authorized by law. ... (2) The endowment with firearms of the security personnel or the bodyguard shall be made only after the approval, as the case may be, by the police or gendarmerie of the plan of security/protection of the objective/person or of the transport of special goods and values or of products of a special nature. ... + Article 44 (1) The armaments and ammunition shall be provided by rent, for a fee, by the police unit or territorial competent gendarmes. ... (2) At least half-yearly, under the supervision of police units or territorial competent gendarmes, training draws will be organized with security personnel and body guard equipped with firearms. ... (3) The labour of ammunition consumed shall be borne by the employer. ... + Chapter VI Duties of security personnel and bodyguard + Section 1 Duties of security personnel + Article 45 Security personnel are obliged to know and respect their duties, being directly responsible for the security and integrity of the objectives, goods and values entrusted. + Article 46 During the service, security personnel are obliged to: a) to know the vulnerable places and points within the perimeter of the objective, in order to prevent the occurrence of any acts likely to cause damage to the guarded units; ... b) to guard the objective, the goods and the values nominated in the security plan and to ensure their integrity; ... c) allow access to the objective only in accordance with the legal regulations and internal provisions; ... d) stop and legitimize people about whom there are data or indications that they have committed crimes or other illicit acts in the guarded objective, those that violate the internal norms established by their own regulations, and in the case of crimes blatant, to catch and present to the police the perpetrator, to stop and hand over to the police the goods or the values that are the subject of the crime or other illicit acts, taking measures for the preservation or security of them, for taking these measures. The minutes thus drawn up constitute an act of referral to the prosecution bodies; ... e) to immediately incuse its hierarchical head and management of the beneficiary unit about the occurrence of any event during the execution of the service and about the measures taken; ... f) in case of damage caused to installations, pipes or water tanks, fuels or chemical substances, to electrical or telephone networks and in any other circumstances that are likely to cause damage, to immediately inform those in law such events and take the first steps to limit the consequences of the event; ... g) in case of fires, immediately take measures to extinguish and rescue persons, goods and values, notify firefighters and notify the management of the unit and the police; ... h) to take the first measures to save people and to evacuate goods and values in case of disasters; ... i) to notify the police about any act of nature to damage the patrimony of the unit and to give its contest whenever it is requested by the prosecution bodies or police bodies; ... j) keep the state and service secret, if, by the nature of its duties, it has access to such data and information; ... k) to wear only during the service the means of defense, protection and armaments with which he is equipped and to make use of the weapon only in the cases and under the conditions provided by law; ... l) to wear the uniform and the distinctive insignia only during the service, except for the places of work where another attire is required; ... m) not to appear at work under the influence of alcoholic beverages nor to consume such beverages during the service; ... n) not to be absent without thorough reasons and without prior notice to the management of the unit about it; ... o) execute the provisions of the hierarchical chiefs, except those manifestly unlawful, and be respectful in the service relations; ... p) to execute, in relation to the specifics of the objective, the guarded goods or values, as well as any other tasks entrusted to him, according to the security plan; ... q) to observe the general and particular record of the post. ... + Article 47 -The head of the guarding band, in addition to the obligations provided 46, also has the following tasks: a) organize, conduct and control the security activity, as well as the execution of the service by the subordinate personnel; ... b) to immediately inform the management of the unit and the police about the events produced during the security activity and to keep their records; ... c) propose to the management of the unit measures to improve the security activity; ... d) to keep records of the armaments and ammunition from the equipment of the security personnel, to ensure their preservation, maintenance, storage and use, according to the law; ... e) to execute the specific professional training program of the subordinate security personnel. ... + Section 2 Duties of the bodyguards + Article 48 (1) During the service, the personnel serving the bodyguard shall, in addition to the obligations provided in art. 46 lit. d) and j)-o), and the following specific obligations: ... a) to defend the person to whom the bodyguard is provided against attacks that endanger life, bodily integrity, health or property; ... b) take the first measures to save the person receiving the bodyguard, when he was injured; ... c) not to execute, at the request of the beneficiary of the bodyguard, activities exceeding the limit of his legal duties; ... d) notify the police unit as soon as they take possession of data or information about the imminent preparation or commission of crimes; ... e) to stop and immobilize, depending on the possibilities, persons who have committed acts of a nature to endanger the life, bodily integrity, health or property of the person to whom the protection ensures and to immediately notify the most close police unit; ... f) to participate, at the request of the state authorities, to the performance of their missions for catching criminals, without violating the obligations to the person he has on guard; ... g) cooperate with the state authorities that have powers in the field of defence, public order and national security. ... (2) The staff referred to in par. (1) the port of arms is prohibited in the premises of public institutions. ... + Article 49 The mode of action of the personnel serving the bodyguard service is established by the protection plan drawn up by the specialized guard company, endorsed by the territorial competent police unit. + Chapter VII Obligations of unit managers + Article 50 Heads of the units referred to in 2 2 para. (1), in which security systems operate, have the following obligations: a) are responsible for the organization and operation of the security of the units, goods and values they hold, with any title; ... b) thoroughly analyze the strict security needs and establish the necessary personnel, in relation to the nature, importance, size and vulnerability of the respective units, with the specificity of the production and with their place of arrangement; in the objectives in which security are executed with gendarmes, analysis and establishment of the measures shall be carried out together with the commander of the gendarme unit who approved the guard plan; ... c) ensure, for the execution of the guard service, the selection of persons with appropriate moral profile, with physical and professional skills necessary for this activity; ... d) take specific training measures of the security personnel and control the way in which he performs his duties; ... e) ensure the execution of the facilities and facilities necessary to carry out the security service, as well as the introduction, maintenance and maintenance in the working order of the technical connecting, security and alarm systems against the efaction; ... f) ensure the equipping of security personnel with uniform and distinctive insignia, under the law; ... g) provide on-call body or service room for gendarmes, local police or those of specialized companies intended for the security service and the funds necessary to cover its operating expenses; ... h) conclude service contracts in the field of security, bodyguards, for the installation of alarm systems against burglary, only with companies or persons or through the local police to whom the license was granted, as the case may be, by General Inspectorate of the Romanian Police; ... i) provide the spaces and facilities necessary to keep the armaments and ammunition intended for the security service; ... j) establish rules on access and movement within the guarded objective; ... k) establish responsibilities for the heads of the work compartments, in terms of security and safety of machinery and installations. ... + Article 51 Fulfilment of the obligations provided for in 50 is carried out, as the case may be, with the specialized support of police units or territorial competent gendarmes. + Chapter VIII Obligations of the Ministry of + Article 52 The Ministry of Internal Affairs ensures, through the specialized structures, the coordination, guidance and control of security and protection activities on the territory of Romania. + Article 53 In order to ensure the security and safety of the objectives, goods and values, the Romanian Police have the following main tasks: a) avizes the security plans of the units to which the guard is not provided with gendarmes and establishes, as the case may be, the need to equip the personnel involved with weapons and related ammunition, given the existence of the documents certifying ownership or, where applicable, the right of use on the objective; ... b) provide expert support in the organization of the guard at these facilities in the training of the security personnel and shall follow the execution of the measures established by the security plan; ... c) issue operating licenses to specialized security companies and issue the opinion for their leaders, under the law; ... d) issue attestations for the assignment of the security personnel or withdraw the attestation granted, when the legal conditions that were the basis of its release are no longer met; ... e) shall endorse, as the case may be, the thematic plans for the training of the security personnel and the bodyguard; ... f) endorses the projects of technical systems for alarsea against efaction, proposed to be installed in the units provided in art. 2 2 para. ((1); ... g) directs and supervises, as the case may be, the execution of firing sessions with the armaments provided by the security personnel and the bodyguard; ... h) provides assistance in the organization of security and bodyguard activity and ensures, free of charge, the necessary armaments in order to equip the personnel of public institutions authorized by law of establishment, organization and functioning to hold and to use firearms and ammunition, with the exception of those in the defence, public order and national security system; ... i) ensure, by renting, for a fee, within the limit of availability, the armaments necessary to equip the security personnel for the other units; ... j) control the manner in which the legal provisions on the security of objectives, goods and values, as well as those on the bodyguard are observed and determine the measures to be taken; ... k) avizes the regulations for the organization and operation of the area dispatches that monitor alarm systems; ... l) issue operating licenses to companies specialized in design, production, installation and maintenance of alarm systems against efaction or their components and to monitor alarms in objectives or withdraw their license, under the law; ... m) endorses the leaders and technical staff of specialized companies or withdraws this opinion when the conditions of the law are no longer met; ... n) avizes the security personnel and the bodyguard for the gun carrier; ... o) control and guide the activity of specialized companies; ... p) keep records of licenses, attestations and opinions granted, as well as those withdrawn and provide, at the request of the beneficiaries of security and protection services, data in this regard. ... + Article 54 In order to ensure the security and safety of the objectives, goods and values, the Romanian Gendarmerie has the following main tasks: a) ensure security with gendarmes of objectives, goods and values, as well as the transport of special products, established by Government decision or, as the case may be, by order of the Minister of Internal Affairs, under the conditions this law; ... b) avizes the security plans at the units to which the guard is provided with gendarmes flocks and establishes, as the case may be, the need to equip the personnel involved with weapons and related ammunition; ... c) provide expert support in the organization of the security of objectives, goods and values in the training of security personnel, provide free of charge the necessary armaments in order to equip the security personnel and follow the execution of the measures established by the plan to guard authorized public institutions; ... d) ensure, by renting, for a fee, within the limit of availability, the armaments necessary to equip the security personnel for the other units; ... e) organize qualification courses, under the law; ... f) directs and supervises, as the case may be, the execution of firing sessions with the armaments provided by the security personnel only for the units where the mixed guard works with gendarmes. ... + Chapter IX Liabilities and penalties + Article 55 Failure to comply with the provisions of this law shall entail, as the case may be, civil, material, disciplinary, contravention + Article 56 Conduct for commercial purposes of security or protection activities, design, production, installation and maintenance of alarm systems against burglary or their components without attestation or without operating license provided by law constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. + Article 57 Involvement of heads of units with own security or personnel of specialized security and protection companies in the conduct of force actions, foreclosures, recoveries of debits, labor conflicts or resisting actions to restore the law order by the competent public authorities, as well as non-compliance with the provisions of art. 20 are punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. + Article 58 The following facts are contrary to this law: a) failure to take measures to organize and operate the guard, provided in art. 3 3 para. ((1) and (3), art. 5 5 para. ((1), art. 17 and to art. 18 18 para. ((2) and (3); ... b) failure to take measures provided in art. 24 and to art. 26 26 para. ((1)-(3); ... c) failure to prepare the security plan, according to art. 5 5 para. (3), or of the transport of goods or values, according to art. 25 25 para. ((1), and the non-performance of the tasks provided for in these times of the measures established by the gen ... d) the classification or maintenance of security personnel of any kind, in violation of the provisions of art. 19 19 para. ((10), art. 21 21 para. ((1) and (4) and of art. 36 36; ... e) the violation by the security personnel or the bodyguard of the obligations provided in art. 46-49 46-49; ... f) failure by the heads of the units of the obligations provided in art. 50 50; ... g) non-compliance with 23 23, art. 31 31 para. ((2), art. 37 37, art. 39 39 para. ((2) and art. 40 40; ... h) the installation of technical alarm systems against the efaction or their components, in violation of the provisions of art. 27 27 para. (6) and (7), as well as non-compliance with art. 28 28; ... i) refusal to ensure the access of the representatives of the public authorities in the performance of their duties, of the personnel of the police or of the gendarmerie, specially designated for the exercise of legal powers of control, in the objectives guarded or assisted by anti-burglar technical means and in the organization of the body guard activity; ... j) exceeding the limits of the object of activity of the specialized company or local police; ... k) refusal to provide the data, information or documents requested by the representatives of the competent public authorities, according to the law, in the performance of their duties; ... l) the execution, in fact, of the duties of organization and functioning of the activity of specialized companies by persons who have suffered convictions for crimes committed with intent; ... m) non-compliance with the conditions underlying the issuance of the operating license. ... + Article 59 (1) Contraventions provided in art. 58 58 shall be sanctioned as follows: ... a) with a fine of 5,000 lei to 10,000 lei, the contraventions provided in lett. g)-m); ... b) with a fine of 2,000 lei to 5,000 lei, the contraventions provided in lett. a)-d) and f); ... c) with a fine of 100 lei to 300 lei, the contravention provided in lett. e). ... (2) The penalty of the fine may also be applied to the legal person. ... + Article 60 (. The operating licence shall be cancelled in the following cases: ... a) to commit one of the contraventions provided in art. 58 lit. i)-k), if the perpetrator has the status of leader of the company that has as its object of activity security and/or protection, as well as the contraventions provided in art. 58 lit. l) and m); ... b) at the repetition, within one year, of the facts that attract the measure of suspension; ... c) to commit one of the offences referred to in art. 57 57; ... d) to the commission by the heads of specialized security and protection companies, of those licensed in the field of alarm systems against the efaction or their components or those for monitoring the alarm systems of some crimes related to the activity of these companies. ... ((2) The cancellation of the operating license shall be ordered by the General Inspectorate of the Romanian Police or, as the case may be, by the court and shall be communicated to the office of the trade register within which the specialized security company operates and protection, within 10 days from the date of final stay of the minutes of contravention or of the court decision rejecting the complaint against the minutes of contravention. ... (3) In the cases provided in par. ((1) lit. c) and d), the cancellation of the license is ordered after the final stay of the court decision to convict the perpetrator. ... (4) In the cases provided in par. ((1) lit. a)-d), the cancellation of the license is available on the basis of the reasoned finding act, drawn up by the ascertaining agent of the county police inspectorate or the General Police Department of Bucharest, within which the headquarters is based the sanctioned company, and is communicated to the General Inspectorate of the Romanian Police and to the respective ... (5) After the cancellation of the operating license, the head of the specialized security company is obliged to terminate the contracts concluded with the beneficiaries, within 10 days from the written communication of this measure. ... (6) The measure of cancellation of the operating license may be appealed, according to the law, by the sanctioned company, and until the final stay of the court decision does not apply the provisions of par. (5), relating to the termination of contracts with beneficiaries. ... (7) At the level of the General Inspectorate of the Romanian Police, the computerized record of all companies that received the license of operation in the field of security, bodyguards, installation of alarm systems against burglary and monitoring these systems. ... + Article 61 (1) The measure of withdrawal of the attestation of the security personnel or bodyguards lies with the General Police Department of Bucharest or, as the case may be, the county police inspectorate in whose area the person has his domicile or residence and is taken in mandatory mode in the following situations: ... a) the person has committed a crime in connection with the service or a crime with intent; ... b) the person was sanctioned contraventionally at least twice in 6 months for violation of the provisions of art. 46-48 or the norms of social coexistence, public order and tranquility; ... c) the person has lost the physical skills necessary for the performance of the guard or bodyguard or has been declared irresponsible, according to the law. ... (2) The measure of withdrawal of the attestation is proposed by the ascertaining agent or by the employer who noticed that the security personnel or the bodyguard are in any of the situations provided in par. (1) and shall be ordered by the unit to which the finding agent belongs, communicating this immediately to the employer and the sanctioned person. ... (3) The person to whom the attestation has been withdrawn may challenge this measure in justice, under the law. ... (4) The request for the receipt of the attestation may be made after one year after taking the measure, unless the court finds the innocence of the person. ... (5) At the level of the General Inspectorate of the Romanian Police will be organized a computerized record of all persons who were attested for the security service, as well as those to whom the attestations were withdrawn by the competent units Ministry of Internal Affairs. ... + Article 62 Commission within 3 months of at least two of the contraventions provided in art. 58 lit. g) and h) attract the suspension, for a period of one month to 3 months, of the right of the sanctioned company to conclude new contracts and to hire staff. + Article 63 The finding of contraventions and the application of the sanctions provided for in this law shall be made by the police, gendarmes, as well as by the mayors or their authorized persons, according to their respective competences, according to the law. + Article 64 Contraventions provided for in art. 58 the provisions of 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. + Article 65 Against the minutes of finding the contravention and the application of the sanction can be made a complaint, within 15 days from the communication, to the court in whose territorial area the contravention was committed. + Chapter X Final provisions + Article 66 ((1) The protection of the objectives, goods, values and persons, as well as of transport of a special nature belonging to the structures and institutions of defence, public order and national security shall be ensured in accordance with the regulations set out therein. ... (2) The Protection and Guard Service coordinates the action of all security and protection forces from the units that benefit from their own security, in which the dignitaries from the competence to carry out their activity permanently or temporarily. ... + Article 67 The methodological norms for the application of this law are approved by Government decision *). Note ... ---------- * *) See Government Decision no. 301/2012 for the approval of the Methodological Norms Law no. 333/2003 on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 335 335 of 17 May 2012, as amended. ---------- + Article 68 Specialized security and protection companies and those carrying out activities of design, production, installation and maintenance of alarm systems against burglary, established until the date of entry into force of this law, as well as The monitoring dispatches of the alarm systems, established by the same date, shall be obliged, by 10 September 2005, to obtain the licences and notices of operation, completing, where appropriate, the organisational and organisational regulations. operation with the activities provided by law. + Article 69 Security personnel who did not attend the qualification courses under the conditions provided for in the head. V and which is framed in one of the guarding forms provided in sections 2 to 5 of the head. II will be subject to attestation under the conditions of this law, within one year from the date of its entry into force. + Article 70 (1) This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania, Part I. ... ((2) On the same date, Law no. 18/1996 on the security of persons, objectives, goods and values, published in the Official Gazette of Romania, Part I, no. 75 of 11 April 1996, as amended and supplemented, and Government Decision no. 523/1997 on ensuring the security of objectives, goods and values with gendarmes, published in the Official Gazette of Romania, Part I, no. 249 249 of 23 September 1997, as amended and supplemented, and any other provisions to the contrary shall be repealed. ... ------
