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Law No. 448 Dated 12 November 2003

Original Language Title:  LEGE nr. 448 din 12 noiembrie 2003

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LEGE no. 448 448 of 12 November 2003 amending and supplementing Law no. 56/1997 for the application of the Convention on the Prohibition of the Development, Production, Storage and Use of Chemical Weapons
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 828 828 of 22 November 2003



The Romanian Parliament adopts this law + Article I Law no. 56/1997 for the application of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, published in the Official Gazette of Romania, Part I, no. 67 of 17 April 1997, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -This law regulates the application of the provisions of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, signed in Paris on 13 January 1993, ratified Law no. 125/1994 , published in the Official Gazette of Romania, Part I, no. 356 356 of 22 December 1994. ' 2. After Article 1, a new article is inserted, Article 1 ^ 1, with the following contents: "" Art. 1 1 ^ 1. -For the purposes of this Law 1. The Convention shall mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction, signed in Paris on 13 January 2. The Organization is understood by the Organization for the Prohibition of Chemical Weapons, based in The Hague (Kingdom of the Netherlands). 3. If this law does not specify otherwise, lists shall be understood as lists no. 1 1, 2 and 3 of Annex no. 1 to the present law. 4. Chemical weapons shall mean the following elements, taken together or separately: a) toxic chemicals and their precursors, with the exception of those intended for non-prohibited purposes by convention, as long as the types and quantities are in conformity with such purposes; b) ammunition and devices specifically designed to cause death or other harm by toxic action of toxic chemicals specified in lit. a), which would be released as a result of the use of such munitions and devices; c) any equipment specifically designed to be used in direct connection with the use of munitions and devices specified in lit. b). 5. The toxic chemical means any chemical that, by its chemical action on biological processes, may cause death, temporary incapacity or permanent injury to humans or animals, regardless of its origin or method of production and whether it is obtained in installations, in binary munitions or elsewhere. 6. By precursor means any chemical reagent that participates, in any phase, in the production, by any methods, of a toxic chemical, including any basic component of a binary or multicomponent chemical system. 7. Old chemical weapons refer to one of the following categories: a) chemical weapons that were produced before 1925; b) chemical weapons produced in the period 1925-1946, which have deteriorated, so that can no longer be used as chemical weapons. 8. Abandoned chemical weapons are chemical weapons, including old chemical weapons, abandoned by a state on the territory of another state, without its consent, after January 1, 1925. 9. The substance for combating public disorders shall mean any chemical not listed in the lists of toxic chemicals and precursors in Annex no. 1 to this law, which can quickly produce a sensory irritation or physical incapacity that disappears shortly after the end of exposure. 10. Unprohibited purposes by convention are: a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; b) protection purposes, namely those purposes in direct relation to protection against toxic chemicals and chemical weapons; c) military purposes not related to the use of chemical weapons and which do not depend on the use of toxic properties of chemicals as a method of war; d) purposes for ensuring compliance with laws, including combating public disorders. " 3. Paragraph 1 of Article 2 shall read as follows: "" Art. 2. -(1) The toxic chemical substances and precursors for which control regimes are established are those registered in the lists, as defined in art. 1 1 ^ 1 pt. 3 3, as well as other chemical substances not included in the lists, which correspond to the definitions in art. 1 1 ^ 1 pt. 5 5 and 6. " 4. Article 4 shall read as follows: "" Art. 4. -(1) The National Export Control Agency, hereinafter referred to as the Agency, is the specialized body of the central public administration, with legal personality, subordinated to the Ministry of Foreign Affairs, which oversees and coordinate all activities on the application of the Convention (2) The Agency shall ensure the control of the production, use, import and export of toxic chemicals and their precursors, so that the respective activities are carried out in accordance with the provisions of this Law. ((3) The Agency shall be the national authority for the application of the provisions of the Convention and of this Law and shall ensure, in accordance with them, relations with the Organization, as well as with similar national authorities (4) The organization, operation and endowment of the Agency, for the purpose of carrying out its duties under this law, shall be established by Government decision. (5) The Agency is headed by a President with the rank of Secretary of State appointed by decision of the Prime Minister. (6) In order to carry out the functions provided in ((1)-(3) The Agency has the following tasks: a) authorizes the operation of the plants and/or laboratories in which the chemicals listed in the list no. 1 1, used for non-prohibited purposes, and systematically verify, by on-site inspections, the chemicals and facilities and/or laboratories mentioned; b) develop and transmit to the Organization the national, initial and annual declarations on the chemicals listed in the list no. 1 1 and installations for their production for non-prohibited purposes; c) systematically verify compliance with the regimes on chemicals registered in the lists no. 2 2 and 3 and their production facilities, on the basis of the data provided by the owners of the installations and by on-site inspections; d) develop and transmit to the Organization the national, initial and annual declarations on the chemicals listed in the lists 2 and 3, as well as the platforms that produce, process, consume, import or export these chemicals; e) notifies the Organization of the transfers of chemicals listed in 1, at least 30 days prior to their performance; f) are exempted from the provisions of lett. e) transfers having as object saxitoxin, in quantities of 5 milligrams or less, for medical purposes, which will be notified to the Organization during that transfer; g) issue final user certificates for imports of chemicals listed in the lists; h) verify, on the basis of data and on site inspections, the platforms that produce through the synthesis of defined organic substances, not listed; develop and transmit to the Organization national, initial and annual declarations on these platforms; i) collect from the holders of the objectives provided in lett. a), c) and h) the data necessary to draw up national declarations and organize the national data bank; j) transmit to the Organization, no later than 30 days from the date of entry into force of the Convention, the declaration on substances to combat public disorders; k) ensure, together with other competent public authorities, the conditions necessary for the execution of international inspections, in accordance with the provisions of the convention l) ensure, together with the Ministry of National Defence and the Ministry of Administration and Interior, on the basis of a joint cooperation plan, coordination of the activities of the competent national institutions, in order to implement relating to international cooperation and the provision of emergency assistance, to which agreements and protocols of cooperation are concluded; m) conclude agreements and cooperation protocols with other national institutions and bodies in order to ensure compliance with the provisions of the Convention and of this Law; n) cooperate with the Organization and national authorities in other states in order to effectively enforce the provisions of the Convention; o) conclude agreements, memoranda of understanding or collaboration protocols with similar authorities in other states-parties, in its field of activity; p) informs the Government on how to comply with the provisions of the convention and the present law. " 5. After paragraph 3 of Article 7, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) Persons who own and use the chemicals listed in List no. 1 are obliged to submit each year to the Agency detailed annual declarations relating to the activities carried out in the previous calendar year. " 6. Article 8 shall read as follows: "" Art. 8. -(1) Persons who import or export the chemicals listed in the list no. 1, in accordance with the provisions of the convention and head. IV of this Act, are required to require the Agency to issue a license at least 60 days prior to the operation. (2) Persons who import or export saxitoxin in quantities of 5 milligrams or smaller, intended for medical purposes, are exempted from the provisions of par. ((1) and are obliged to notify the Agency of that operation before it is carried out. (3) Persons referred to in par. ((1) and (2) are obliged to transmit annually to the Agency, under the conditions laid down in art. 13 13 para. ((1) lit. b), a detailed statement on the operations carried out in the previous calendar year. The declaration shall contain quantitative specifications and specify the final use for each substance and the country concerned. ' 7. The introductory part of Article 11 shall read as follows: "" Art. 11. -Persons holding platforms which produced by synthesis, during the previous calendar year, more than 100 tonnes of defined organic substances not included in the lists, with the exception of platforms which exclusively produce explosives or hydrocarbons, are obliged to transmit to the Agency: 8. The introductory part of Article 12 shall read as follows: "" Art. 12. -Persons holding platforms, comprising one or more installations which produced by synthesis, during the previous year, more than 10 tonnes of an organic chemical defined, not included in the lists and containing the phosphorus, sulphur elements or fluoride, are obliged to transmit to the Agency: " 9 9. The letter b) of paragraph 1 of Article 13 shall read as follows: " b) annual declarations on activities carried out in the previous calendar year, until 1 February; ' 10 10. The letter a) of paragraph 2 of Article 15 shall read as follows: "" a) draw up and submit for approval to the Agency specific rules on the record of operations carried out with such substances and the preservation in their full safety, no later than 10 days after entry into possession; " 11. Paragraph 1 of Article 20 shall read as follows: "" Art. 20. -(1) The chemical substances listed in the lists shall be considered, where appropriate, military or dual-use products, their import and export subject to the control regime of exports of military products or of dual-purpose products and technologies. use, as appropriate. ' 12. Article 21 shall read as follows: "" Art. 21. --(1) Release of export documents for chemicals listed in list no. 1 is also subject to the presentation of a final user certificate, issued/endorsed by the state authority designated for that purpose from the receiving State of export, or an equivalent document. ((2) Release of export documents for chemicals listed in list no. 2, in the situations mentioned in art. 23, shall not be subject to the presentation of a final user certificate, issued/endorsed by the State authority designated for that purpose from the receiving State of the export, or of an equivalent document. In order to clarify specific issues, the Agency may request any other supporting documents to the exporter. ((3) Release of export documents for chemicals listed in list no. 3, in the situations mentioned in art. 23, is also subject to the presentation of a final user certificate, issued or endorsed by the state authority designated for this purpose from the receiving state of export, or an equivalent document. (. The final user certificate shall indicate, in relation to the substances covered by the export: a) that they will be used only for purposes not prohibited by the Convention; b) that they will not be re-exported; c) the types and quantities; d) final use; e) name and address of the end user. 13. Article 23 shall read as follows: "" Art. 23. --(1) Import and export operations with the chemicals listed in list no. 2 2 shall be carried out only with the parties to the Convention. (2) Chemical substances listed in list no. 3 may be exported to states that are not party to the convention, in compliance with the conditions laid down in art. 21 21. " 14. Article 25 shall read as follows: "" Art. 25. -(1) In order to carry out his duties, the Agency shall be a control body. (2) The control body of the Agency shall have unhindered access to all necessary objectives, installations, equipment, documents and information, whatever the persons holding, in order to verify compliance with the provisions of the Convention and of the this law. (3) In order to carry out the chemical analyses necessary for the inspection activities, the Agency shall designate chemical laboratories equipped with ((4) The expenses related to the performance by the laboratories designated by the Agency for the chemical analysis necessary for inspection activities shall be borne by the Agency's budget 15. Article 35 shall read as follows: "" Art. 35. -(1) The objectives for which statements have been submitted, in accordance with the provisions of art. 7 7 and art. 9-12, can be checked by the Organization through initial inspections and routine inspections. ((2) In the framework of the initial inspection, the Agency together with the representatives of the installations producing chemicals listed in the lists no. 1 1 and 2 shall negotiate with the inspection team of the Organisation Agreements setting out in detail the verification procedures applicable to subsequent inspections at the said facilities. ((3) For installations producing the chemicals listed in list no. 3 3, the installation agreement shall be concluded if the Agency finds its opportunity on the occasion of the first inspection carried out by the Organization on the spot. ' 16. Article 38 shall read as follows: "" Art. 38. -With a view to applying the provisions of the Convention on the conduct of international inspections, the Agency shall a) establish together with the Ministry of Administration and Interior-the General Inspectorate of the Border Police-and with the National Control Authority the entry/exit points in/from the country of the inspection teams and transmit them to the Organization in the days from the date of entry into force of the Convention; b) transmit to the National Control Authority the list of equipment approved by the Organization, as well as any updates of this list. Also, on the occasion of each inspection, they communicate the list of samples taken by the inspection team, for which the removal from the country is allowed, in accordance with the provisions of 26 lit. h); c) requests the Ministry of Transport, Construction and Tourism, respectively the Ministry of National Defence, to issue the authorization of survol/landing, special for non-scheduled civil aircraft, respectively military, owned or rented by Organization; d) constitute the accompanying team of members of the control corps, representatives of the inspected objective and, where appropriate, representatives of the competent public authorities; e) immediately confirm to the Organization the receipt of the list of inspectors and inspection assistants; f) transmit to the Organization, no later than 30 days from the date of confirmation provided in lett. e), the list of inspectors and inspection assistants who cannot be accepted. " 17. Article 40 shall read as follows: "" Art. 40. -In order to apply the provisions of the convention on the organization and conduct of international inspections by the Organization, the Ministry of Foreign Affairs has the obligation to take the necessary measures for granting diplomatic and consular offices of Romania, no later than 30 days from the date of confirmation of the receipt of the list of inspectors and inspection assistants, of entry-exit, transit visas, for multiple trips, valid for at least 2 years, to allow each approved inspector and inspection assistant to carry out his/her mandate entrusted. ' 18. Article 41 shall read as follows: "" Art. 41. -Ministry of Public Finance: a) ensure temporary introduction, without payment of import customs duties and without completing the customs declaration in detail, on the basis of an inventory in two copies, covered by the customs authority, equipment, equipment and samples carried by members of the inspection team, as well as their personal use items, except for import or export items prohibited by law or controlled by quarantine rules, provided that they are removed from the country at the end of the inspection. The customs formalities for equipment, equipment and samples shall be carried out concurrently with their examination by the accompanying team, at the point of entry/exit into/from the country; b) ensure the introduction, without guaranteeing the import customs duties and without completing the customs declaration, of the evidence transmitted by the Organization or by its disposition, in order to analyze by specialized laboratories in Romania; c) provide the accompanying team, at the point of entry/exit, an appropriate space for the examination of the equipment and equipment brought by the inspection team; d) inform the operative of the Agency on the transit operations through Romania of the chemicals registered in the lists, carried out in accordance with the customs legislation, as well as on the results of the specific checks incidents e) informs, upon request, the Agency on the import/export operations of chemicals, carried out in accordance with the customs legislation, in order to identify those operations that fall under the present law. " 19 19. The letter a) of Article 42 shall read as follows: " a) approve the issuance of the survol/landing authorization, special for unscheduled civil aircraft, held or rented by the Organization, so that the number of such authorization can be transmitted to the Organization by the Agency, no later than 30 days after the entry into force of the Convention and every year until 15 December for the following year; ' 20. After Article 42, a new article is inserted, Article 42 ^ 1, with the following contents: "" Art. 42 42 ^ 1. -The Ministry of National Defence approves the issuance of the survol/landing authorization, special for unscheduled military aircraft, rented by the Organization, and communicates to the Agency its number, every year until December 15 for the year next, in order to transmit to the Organization by the Agency. " 21. Paragraph 1 of Article 44 shall read as follows: "" Art. 44. -(1) The staff of the Agency who becomes aware of information constituting state, service or commercial secrets shall be obliged to respect their character and to make them known only to the public authorities entitled, under the law. " 22. Article 45 shall read as follows: "" Art. 45. -The Ministry of Foreign Affairs ensures the operative transmission of statements and other documents between the Agency and the Organization. " 23. Paragraph 1 of Article 46 shall read as follows: "" Art. 46. -(1) The access of the Agency's control body specialists to the objectives and installations covered by this Law shall be based on the mandate issued by the President of the Agency. " 24. Paragraph 2 of Article 47 shall read as follows: " (2) The Agency publishes and disseminates documentary materials and organizes courses, seminars, symposiums and other forms of preparation of economic agents and public authorities, in order to interpret correctly and apply the provisions of the Convention and of the present law. " 25. After Article 47, a new article is inserted, Article 47 ^ 1, with the following contents: "" Art. 47 47 ^ 1. -The amounts necessary to ensure the offer of assistance of Romania to the Organization through contribution to the voluntary assistance fund, for the procurement and maintenance of equipment or for services covered by this offer, shall be ensured from the Agency's budget 26. Chapter VIII shall read as follows: "" CHAPTER VIII Contraventions and offences Article 48. -The violation of the provisions of this law attracts, as the case may be, civil, material, disciplinary, contravention or criminal liability. Article 49. -The leaders of legal entities are obliged to ensure compliance with the provisions of this law and to establish the duties of subordinate personnel for their application. Article 50. -(1) It constitutes contraventions and the following facts are sanctioned: a) the transmission of declarations and notifications provided in art. 6-13 with delay of up to 30 days, with a fine of 100,000,000 lei to 300,000,000 lei; b) the transmission of the declarations provided in 6-13 with delay of more than 30 days, as well as the transmission of incomplete or inconsistent data with the activity carried out, with a fine of 300,000,000 lei to 500,000,000 lei; c) failure to transmit the statements according to the provisions of this law, if it does not cause serious damage to Romania's obligations to the Organization, with a fine of 500,000,000 lei to 1,000,000,000 lei; d) refusal to allow the members of the Agency's control body to access the objectives and installations subject to this law, preventing them in any way from exercising their legal duties, as well as concealing some data and relevant information regarding them, with a fine from 500,000,000 lei to 1,000,000,000 lei; e) failure to comply with the obligation established according to the 15 15 para. (2) to draw up specific rules on the record of operations carried out with such substances and to keep them in full safety, as well as the violation of these norms, with a fine of 150,000,000 lei to 500,000,000 lei; f) non-transmission, at the request in writing of the Agency, of the documents, data and information requested, at the established deadlines, with a fine of 50,000,000 lei to 200,000,000 lei. (2) The contravention sanctions may also be applied to legal entities. (3) The finding of contraventions and the application of sanctions shall be made by the control body of the Agency. ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. Article 51. -Contraventions provided in art. 50 50 para. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. Article 52. -(1) The right to use chemical weapons constitutes a crime and is punishable by imprisonment from 5 to 15 years and the prohibition of some rights. (2) If the act has had particularly serious consequences, the sentence is imprisonment from 10 to 20 years and the prohibition of some rights, and if the death of one or more persons occurred, the punishment is the detention of life or imprisonment of at 15 to 25 years old and prohibition of some rights. (3) The attempt is punishable. Article 53. -(1) The development, production, acquisition, possession or transfer, directly or indirectly, of chemical weapons constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. ((2) The sufstragation of toxic chemicals or precursors for their use for the purposes of chemical weapons constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. (3) The attempt is punishable. Article 54. --(1) The threat to a State, to an international organization or to a natural or legal person with the use of chemical weapons, in order to cause death, temporary incapacity or permanent injury to persons, constitutes offence and is punishable by imprisonment from 3 to 12 years and prohibition of some rights. (2) If the act provided in par. ((1) is subject to the performance or non-performance of an act or when, by threat in any form, it is claimed to be given or to surrender chemical weapons in order to cause death, temporary incapacity or permanent injury to persons, the sentence is imprisonment from 5 to 15 years and prohibition of some rights. (3) The attempt is punishable. Article 55. -(1) Production of chemicals listed in list no. 1, in quantities above the limits or under conditions other than those provided for in art. 15 -18, as well as import, export, possession or use thereof, without compliance with the provisions of art. 15 15 para. ((1) and of art. 22, constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. (2) Import and export of chemicals registered in the lists no. 2 and 3, in violation of art. 23, constitutes a crime and is punishable by imprisonment from 1 to 3 years. (3) Failure to transmit the declarations according to the provisions of this law, if it seriously prejudices the fulfilment of Romania's obligations to the Organization, constitutes a crime and is punishable by imprisonment from 1 to 3 years or a fine. (4) The refusal to allow access to the members of the Agency's control corps, together with the Organization's inspection teams, to the objectives and installations covered by this Law, to prevent them, in any way, to exercise the legal powers, as well as the concealment of some relevant data and information relating to them constitute a criminal offence and are punishable by imprisonment from 3 to 7 years. (5) The attempt is punishable. Article 56. -(1) The prosecution in the cases of the crimes provided for in this law shall be compulsorily carried out by the prosecutor. ((2) The jurisdiction to judge the offences in the first instance shall lie with the courts. " 27. In Chapter VIII, a new Article shall be inserted after Article 56, Article 56 ^ 1, with the following contents: "" Art. 56 56 ^ 1. -The provisions of the Criminal Code on special confiscation shall apply accordingly. " 28. Position (4) of list no. 1 1 of Annex no. 1 1 will have the following contents: " (4) Sulphur Iperite: 2-Cloroethyl-chloromethyl-sulfide (2625-76-5) Iperitis: Bis (2-chloroethyl)-sulphide (505-60-2) Bis (2-chloroethylthio) methane (63869-13-6) Sescviiperitis: 1,2-Bis (2-chloroethylthio) ethane (3563-36-8) 1,3-Bis (2-chloroethylthio)-n-propane (63905-10-2) 1,4-Bis (2-chloroethylthio)-n-butane (142868-93-7) 1,5-Bis (2-chloroethylthio)-n-pentane (142868-94-8) Bis (2-chloroethylthiomethyl)-ether (63918-90-1) Iperite O: Bis (2-chloroethylthioethyl)-ether (63918-89-8) ' 29. Points 9 and 10 of Annex no. 2 2 will have the following contents: "" 9. Acquisition means the import operation, namely the introduction, final or temporary, on the territory of Romania, including the non-commercial reception action outside the national territory, as well as the reception from a person on the national territory. 10 10. Transfer means the export operation, namely the removal, final or temporary, from the territory of Romania, including the non-commercial action of reference outside the national territory, as well as the sending to a person from the territory national. " + Article II Law no. 56/1997 , with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of October 9, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of October 21, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, November 12, 2003. No. 448. ------------