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Law No. 248 Of 20 July 2005 On The Rules On The Free Movement Of Romanian Citizens Abroad

Original Language Title:  LEGE nr. 248 din 20 iulie 2005 privind regimul liberei circulaţii a cetăţenilor români în străinătate

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LEGE no. 248 248 of 20 July 2005 (* updated *) on the regime of free movement of Romanian citizens abroad ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law establishes the conditions under which Romanian citizens can exercise their right to free movement abroad, as well as the limits of exercising this right. + Article 2 (1) Romanian citizens who meet the conditions provided by this law are guaranteed the right to travel abroad, to emigrate and to return to the country at any time. No Romanian authority can prohibit, under any circumstances, a Romanian citizen from returning to the territory of Romania. (2) Romanian citizens minors can travel abroad only accompanied, with the consent of parents or legal representatives, under the conditions of this law. For the purposes of this law, the legal representative means the person designated, according to the law, to exercise the rights and fulfill the parental obligations to the minor. + Article 3 ((1) The limitation of the exercise of the right of Romanian citizens to free movement abroad can be made only temporarily, in the cases and under the conditions provided for in this law, and consists in the suspension or, as the case may be, the restriction of the right. (2) The suspension of the exercise of the right to free movement abroad is the temporary ban on leaving the territory of Romania, established by law or, as the case may be, by the competent authorities, under the conditions of this law. This measure is of an individual nature, except in situations where it is established by special law, in case of situations likely to justify it in relation to the need to ensure the defence of the country or national security. (3) The restriction of the exercise of the right to free movement abroad is the temporary ban on travel to certain states, ordered by the Romanian competent authorities, under the conditions of this law. (4) The competent authorities have the obligation to inform in writing, under the conditions of this law, the person against whom a measure was instituted to limit the exercise of the right of free movement, on the reasons that determined this measure, as well as the period for which the exercise of this right was limited. + Article 4 (1) During the stay abroad any Romanian citizen has the right to assistance and protection from diplomatic missions, as well as to the consular offices of Romania. (2) The diplomatic missions and consular offices of Romania abroad have the obligation to provide support and assistance, under the law, with the support of competent institutions in the country, Romanian citizens in difficulty or who request aid in order to return to the country, as well as to take all necessary steps to inform Romanian citizens of the occurrence of situations likely to endanger their safety or health. (3) On the basis of the information provided by the Ministry of Foreign Affairs, the border police bodies are obliged to inform the Romanian citizens who are to travel abroad on the occurrence, on the territories of the transit and destination, of situations likely to endanger their safety or health. + Article 5 During their stay abroad, Romanian citizens have the following obligations: a) to comply with the Romanian legislation and not to carry out activities likely to compromise Romania's image or to contravene the obligations assumed by Romania through international documents; b) comply with the law of the state in which they are located, as well as the purpose for which they were granted the right to enter and, as the case may be, remain on the territory of that state, under the conditions established by its legislation or by the documents international concluded with Romania; c) to submit all due diligence in order to grant aid to Romanian citizens in difficulty on the territory of the state on which they are located, informing on such situations the diplomatic missions and consular offices of Romania in the state respectively; d) in case of establishment of residence or domicile abroad, to inform the nearest diplomatic mission or consular office of Romania; e) to inform the nearest diplomatic mission or consular office of Romania of any change in their civil status. + Chapter II Travel documents abroad + Section 1 Types of travel documents + Article 6 (1) The types of travel documents on the basis of which Romanian citizens can travel abroad are as follows: a) diplomatic passport; b) service passport; c) electronic diplomatic passport; d) electronic service passport; e) simple passport; f) simple electronic passport; g) temporary simple passport; h) travel title. ----------- Alin. ((1) of art. 6 6 has been amended by section 1 1 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (2) The form and content of the travel documents provided in par. (1) shall be established by Government decision, at the proposal of the Ministry of Administration and Interior and the Ministry of Foreign Affairs. ------------ Alin. ((2) art. 6 6 has been amended by section 1 1 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. ((3) Abrogat. ----------- Alin. ((3) of art. 6 6 has been repealed by section 6.6. 2 2 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (4) The travel documents referred to in par. (1) are the property of the Romanian state and provide proof, in front of the Romanian and foreign authorities, of identity, citizenship, quality, as well as the right of the holder to travel abroad. (5) Romanian citizens may travel abroad and on the basis of other documents established by international agreements to which Romania or, as the case may be, the Romanian Government is a party. ((6) The procedure for the submission and settlement of applications for the issuance of travel documents abroad, the documents to be submitted by the applicants for the submission of applications, and the deadlines in which they are settled shall be determined by methodological norms for the application of this law. ------------- Article 6 has been amended by section 6. 1 1 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 6 ^ 1 (1) For the purposes of this law, the identity card and the valid electronic identity card constitute a travel document on the basis of which Romanian citizens can travel to the Member States of the European Union. (2) The legal regime of the identity card and of the electronic identity card is the one provided by Government Emergency Ordinance no. 97/2005 on the record, domicile, residence and identity documents of Romanian citizens, republished, except in situations where this emergency ordinance has otherwise. -------------- Article 6 ^ 1 has been amended by art. III of EMERGENCY ORDINANCE no. 82 82 of 4 December 2012 , published in MONITORUL OFFICIAL no. 838 838 of 12 December 2012. + Section 1 ^ 1 Data storage ------------ Section 1 ^ 1 of Cap. II was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 7 (1) The biometric data included in the passports are the facial image and the digital impression of two fingers. (2) The biometric data provided in par. (1) are used only for the purposes provided in art. 4 4 para. ((3) of Commission Implementing Regulation (EU) No 2.252/2004 COUNCIL DIRECTIVE of 29 December 2004 on standards for security features and biometric elements integrated in passports and travel documents issued by the Member States, published in the Official Journal of the European Union L series no. 385 385 of 29 December 2004. (3) The procedure for taking over facial image and digital impressions shall be determined by the methodological norms for the application of this law. (4) The following categories of persons are exempted from the obligation to provide digital impressions: a) minors under the age of 12; ----------- Lit. a) a par. ((4) of art. 7 7 has been amended by section 4.2 3 3 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. b) the persons for whom the fingerprinting is physically impossible. ------------ Article 7 has been amended by section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Section 2 Diplomatic passport *) + Article 8 (1) The diplomatic passport *) is the travel document that is issued by the Ministry of Foreign Affairs, under the conditions of this law, to the following categories of persons, in order to facilitate their representation of the interests of the state Romanian abroad: a) President of Romania; b) the President of the Senate and the President c) members of the Senate, members of the Chamber of Deputies and members ------------ Lit. c) a par. ((1) of art. 8 8 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. d) Prime Minister, members of the Government and persons assimilated to ministers; e) President and judges of the Constitutional Court f) the ombudsman and his deputies; g) the President and Vice-Presidents of the High Court of Cassation and Justice; h) members of the Superior Council of Magistracy and judges of the High Court of Cassation and Justice; i) President and Vice-Presidents of the Court of Auditors j) the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the financial prosecutor general of the Court of Auditors and their deputies; k) the president and the section presidents of the Legislative Council; l) Governor and Deputy Governors of the National Bank of Romania; m) president and vice-presidents of the Romanian Academy n) patriarch, cardinal, metropolitan and heads of cults in Romania, recognized by the state; o) State secretaries and persons assimilated to them; p) members of the diplomatic and consular corps and persons operating in the Ministry of Foreign Affairs, through secondment from other institutions, to positions corresponding to members of the diplomatic and consular corps; ------------ Lit. p) a par. ((1) of art. 8 8 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. q) repealed; ------------ Lit. q) a par. ((1) of art. 8 8 has been repealed by section 6.6. 5 5 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. r) military attachés and internal affairs attachés, attachés on labor issues, judges or liaison prosecutors, their deputies, as well as senior officials from international and intergovernmental organizations; ------------ Lit. r) a par. ((1) of art. 8 8 has been amended by section 4.2 4 4 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. s) diplomatic couriers; t) the husband, wife and minor children of persons referred to in lett. a)-r); u) persons sent on official mission abroad, for the support of national interests, on a mandate basis and during its duration, with the approval of the Minister of Foreign Affairs; v) former heads of the Romanian state, former presidents of the Senate and Chamber of Deputies and former prime ministers. (2) Diplomatic passports *) shall be issued to persons referred to in par. ((1), as follows: a) at the beginning of the mandate with which were invested, in the case of those provided in par. ((1) lit. a), b), d), e), g), i), j), l) and m); b) before the first trip requiring the use of the diplomatic passport, in the case of the other persons referred to in par. ((1). + Article 9 (1) The diplomatic passports shall be issued by the Ministry of Foreign Affairs, through its specialized structure, at the request of the institutions or public authorities concerned, which pay the taxes provided by law and specify the purpose and quality in which the holders are to travel abroad on the basis of these travel documents. ------------ Alin. ((1) of art. 9 9 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) If the specialized structure within the Ministry of Foreign Affairs finds that the conditions provided for in art. 8, may refuse to issue the diplomatic passport, informing the requesting institution in this regard. + Article 10 (1) Electronic diplomatic passports shall be issued, as a rule, with a validity of 5 years, which can be extended only once, without being able to exceed 10 years from the date of issue. ------------ Alin. ((1) of art. 10 10 has been amended by art. II of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 of 10 December 2008, by replacing the name 'diplomatic passport' with the name 'electronic diplomatic passport'. (2) In the case of persons provided in art. 8 8 para. ((1) lit. c), o)-r) and u), diplomatic passports *) may also be issued for a period requested by the institutions to which they belong, without being able to exceed the maximum period provided in par. ((1). (3) Electronic diplomatic passports shall be issued with a validity of 5 years and 3 years for minors under the age of 12. ----------- Alin. ((3) of art. 10 10 has been amended by section 4 4 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 11 (1) The holders of diplomatic passports *) are obliged to surrender to their institution, as follows: a) persons referred to in art. 8 8 para. ((1) lit. c), d), with the exception of the Prime Minister, e), g), i), j), l), m) and o), as well as their spouse, wife and minor children, at the end of the mandate with which they were invested; b) persons referred to in art. 8 8 para. ((1) lit. f), h), k) and n), as well as their spouse, wife and minor children, within 5 days of returning from travelling abroad that determined the need to use the diplomatic passport *). ------------ Alin. ((1) of art. 11 11 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) Persons referred to in art. 8 8 para. ((1) lit. u) are obliged to hand over the diplomatic passport *) to the Ministry of Foreign Affairs, within 5 days after returning from the trip abroad that determined the need to use the diplomatic passport *). (3) Upon termination of the quality provided in art. 8 8 para. (1), the institution within which the holder belongs has the obligation to hand over the diplomatic passport *) to the Ministry of Foreign Affairs, in order to cancel, except for the persons provided in art. 8 8 para. ((1) lit. v). ------------ Alin. ((3) of art. 11 11 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Section 3 Service passport *) + Article 12 The service passport *) is the travel document that is issued by the Ministry of Foreign Affairs, under the present law, to the following categories of persons: a) magistrates, when travelling on official missions; b) prefects and sub-prefects, presidents and vice-presidents of county councils, mayors of municipalities, cities and sectors of Bucharest, when travelling on official missions; c) officials of the central apparatus of public administration and of Parliament, when travelling on official missions; d) technical-administrative and service personnel of diplomatic missions, consular offices, permanent representations to international organizations, lecturers sent on mission by the Ministry of Education and Research, as well as their husband, wife and minor children; e) the presidents and vice-presidents of professional organizations and associations at national level, legally constituted, when they travel on official missions; f) the presidents of the citizens ' organizations belonging to the national minorities, legally constituted, members of the Council of National Minorities, when they travel abroad for work; g) other persons, with the approval of the Minister of Foreign Affairs, when travelling abroad on official missions. + Article 13 (1) The service passports *) shall be issued by the Ministry of Foreign Affairs, through its specialized structure, at the request of the institutions, public authorities or interested organizations, which pay the taxes provided by law and specify the purpose and the quality in which the holders are to travel abroad on the basis of these travel documents. (2) Service passports *) shall be issued with a validity of 5 years, which may be extended only once, without being able to exceed 10 years from the date of issue. (3) Electronic service passports shall be issued with a validity of 5 years and 3 years for minors under the age of 12. ----------- Alin. ((3) of art. 13 13 has been amended by section 5 5 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ------------ Article 13 has been amended by section 1. 9 9 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 14 (1) Service passports *) may be used by their holders only when travelling abroad in an official capacity, in the interest of the public authority or institution to which they belong. (2) Within 5 days after returning to the country, the holder shall have the obligation to hand over the service passport *), for safekeeping, to the public authority or institution to which he belongs. By way of exception, the head of the public authority or institution may order the service passport *) to remain in possession of the holder when he, by the nature of the work carried out, frequently travels abroad, provided that the period of stay on the territory of Romania, between two trips, not to exceed 30 days. (3) Upon termination of the quality provided in art. 12, the authority or institution within which the holder is part has the obligation to hand over the service passport *) to the Ministry of Foreign Affairs, in order to cancel. + Section 4 Simple passport Simple electronic passport and temporary simple passport ----------- Title of Section 4 of the Cap. II has been amended by section 6 6 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 15 (1) The simple electronic passport shall be issued, upon request, to Romanian citizens who meet the conditions provided by this law and are not in one of the situations of suspension of the right to travel abroad. ((. Applications for the issue of simple electronic passports shall be submitted by applicants, in the country, to the Community public services for the issue and registration of simple passports in whose jurisdiction the area is domiciled or, where appropriate, residence, and abroad, at the diplomatic missions and consular offices of Romania. (3) If the applicant for the electronic simple passport cannot present himself to the Community public service for the issue and record of simple passports at home or residence, applications for the issuance of simple passports electronics can be submitted to the nearest community public service for the release and bookkeeping of simple passports. ((4) Applications for issuing simple electronic passports, in the case of persons temporarily deprived of the exercise capacity, may be submitted on behalf of the holder by the legal representative or by the Romanian medical authorities, present the holder is mandatory. (5) Simple electronic passports shall be issued to the holder or legal representative, after payment of their consideration and of the consular fees provided by law. ((6) If the holder or his legal representative finds that the data entered in the simple electronic passport are incomplete or inaccurate, they must notify the nearest Community public service for the release and the bookkeeping of simple passports, which is bound to release a new document. In this case, the issuance of the new passport is made without payment of the amounts provided in ((5). ----------- Article 15 has been amended by section 6.6. 7 7 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 15 ^ 1 (1) Simple electronic passports shall be issued to the holder after payment of the passport fee constituted from the passport and public service charge, established according to the law. (2) The passport fee for passports issued in the country is collected in a separate account of available open at the territorial units of the State Treasury on behalf of the public institution with legal personality of which the structure with duties in issuing and recording passports. (3) The amounts referred to in par. (2) can be paid by transfer, by means of online payment, through the POS installed at the State Treasury units and other payment methods regulated by normative acts in force, by postal order, in cash at the cashiers public institution with legal personality to which the structure is part with attributions in the issuance and record of passports or cashiers of the State Treasury units to which they have opened their accounts. For the amounts collected through the POS installed at the State Treasury units, the commissions shall be borne from the state budget, through the budget of the public institutions in the structure of which the State Treasury units belong. (4) The State Treasury units to which they have opened their accounts public institutions with legal personality to which the structure with attributions is part in the issuance and record of passports collect the cash amounts related to the passport fees in the account provided in par. ((2). (5) The amounts collected in cash at the cashiers of public institutions with legal personality to which the structures with attributions are part in the issuance and registration of passports shall be submitted by them to the distinct account available provided in par. (2), on the first working day of collection. (6) Amounts collected in the account provided in par. (2) shall be transferred by public institutions with legal personality to which the structures with attributions are part in the issuance and registration of passports in the revenue account of the state budget "Consular taxes" codified with the tax identification code of to them and, respectively, to the account of the National Company "Imprimeria Națională"-S.A. to which they are due, no later than two working days after the collection. (7) The refund of the passport fees paid erroneously or for which the related services have not been provided is made from the account provided in par. ((2), respectively of the charge for the public service provided and of the amount related to the passport value, at the written request of the payer addressed to the public institution with legal personality to which the structures with attributions are part the record of passports, accompanied by the document by which the payment was made. ((8) The amounts that are returned from the account provided in par. (2) shall be duly withheld from the amounts due to the National Company "Imprimeria Națională"-S.A. and, respectively, from the amounts due to the state budget. (9) If the amounts in the account balance are insufficient for the refund of the requested passport fees, the amount related to the fee for the public service provided shall be returned to the account provided in par. (2) by the State Treasury unit, and the amount related to the passport shall be returned to the account provided in par. (2) by the National Company "Imprimeria Națională"-S.A. at the written request addressed to them by public institutions with legal personality to which the structures with attributions in the issuance and record of passports belong ---------- Article 15 ^ 1 was introduced by the sub-item. 1 1 of section VII, art. 14 the Head. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 16 *) (1) Romanian citizens may not hold at the same time only one single valid passport, except in cases that justify the simultaneous holding of two or more passports, established by order of the Minister of Administration and Interior. (2) Romanian citizens who are holders of several valid passports, under the conditions of this law, have the obligation that, within 15 days from the end of the cases provided in par. (1), to hand over additional held passports to the competent authorities. (3) Order of the Minister of Administration and Interior provided in par. (1) shall be published in the Official Gazette of Romania, Part I. + Article 17 (1) Minors Romanian citizens who are not in one of the situations of suspension of the exercise of the right to free movement abroad are issued simple electronic passports under the following conditions: a) in the case of the minor who has not reached the age of 14, only at the request of both parents, of the surviving parent, of the parent to whom he was entrusted by final and irrevocable court decision, of the parent who exercises single parental authority pursuant to a final and irrevocable court decision or on the basis of a final court decision for the trials started on 15 February 2013 or, where applicable, the representative legal; b) in the case of the minor who reached the age of 14, at his request, only with the consent of both parents, of the surviving parent, of the parent to whom he was entrusted by final and irrevocable court decision, the parent exercising the parental authority alone on the basis of a final and irrevocable court decision or on the basis of a final judgment final for the trials started on 15 February 2013 or, after The case, the legal representative. (2) The issuance of the simple electronic passport for the minor, in the event that there are misunderstandings between the parents regarding the expression of the agreement or one of the parents is unable to express their will, except in the to art. 17 ^ 1 para. ((1) lit. e), is carried out only after the resolution of these situations by the court, which is pronounced under the law. ----------- Article 17 has been amended by section 6.6. 8 8 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 17 ^ 1 (1) The temporary simple passport shall be issued to Romanian citizens who meet the conditions laid down by this law and are not in one of the situations of suspension of the right to travel abroad, no later than 3 working days, the following situations: ------------ The introductory part of para. ((1) art. 17 17 ^ 1 has been amended by section 4.2 3 3 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. a) for persons who declare that they do not have the time to issue a simple electronic passport; ----------- Lit. a) a par. ((1) of art. 17 17 ^ 1 has been amended by section 4.2 9 9 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. b) if the holder declares in writing that he is to travel to states between which there is a state of belligerence or diplomatic conflict and has applied in the simple passport or in the simple electronic passport a stamp or a visa issued by the state with which the country in which it travels is in conflict; c) when the holder holds a simple passport or simple electronic passport containing valid visas, but as a result of the exhaustion of the tabs intended for their application the journey in that state or in states other than those that issued the visas is no longer possible; d) when the holder has submitted the simple passport or the electronic simple passport for obtaining visas and must travel urgently abroad; e) when the minor is to travel abroad for studies or to participate in official competitions or to undergo a medical treatment without which life or health is endangered and there is no time for obtaining the agreement of the other parent provided in 17. In these situations, the authorities issuing the temporary passport temporarily have the obligation to inform the other parent, concurrently or as soon as possible; f) for Romanian citizens abroad who no longer possess valid travel documents and who declare that it is necessary to continue their trip abroad or to regulate their stay on the territory of a state. ------------ Alin. ((2) art. 17 ^ 1 was repealed by section 1. 4 4 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (3) The situations provided in par. ((1) lit. e) must be proven with documents issued by the institution that organizes the studies or the contest, documents issued or endorsed by a Romanian administrative authority with competences in the field or, as the case may be, documents issued or endorsed by a medical authority Romanian, showing the period and the state or states in which studies will take place, official competitions or medical treatment. (4) Applications for the issuance of the temporary simple passport shall be submitted to the authorities provided for in art. 15 15 para. ((2). Art. 15 15 para. ((3), (5) and (6), art. 15 ^ 1 and art. 17 17 shall apply, accordingly, and with regard to applications for the issuance of temporary simple passports. ---------- Alin. ((4) of art. 17 ^ 1 has been modified by the subsection. 2 2 of section VII, art. 14 the Head. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. ((4 ^ 1) Applications for the issuance of the temporary simple passport, in the case of persons temporarily deprived of the exercise capacity, may be submitted on behalf of the holder by the legal representative or by the Romanian medical authorities, without the presence the holder shall be obligatory. ----------- Alin. (4 ^ 1) of art. 17 ^ 1 was introduced by section 1. 11 11 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((4 ^ 2) In duly justified situations, for minors abroad in a form of special protection ordered by the competent local authorities and who do not hold valid identity or travel documents, diplomatic missions and offices The consular authorities of Romania issue, free of charge, temporary simple passports, at the request of the competent foreign authorities, in order to regulate the legal situation of minors in the state of residence, if it is not possible to ----------- Alin. (4 ^ 2) of art. 17 ^ 1 was introduced by section 1. 11 11 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((4 ^ 3) The costs related to the production and issuance of simple temporary passports issued to minors referred to in par. (4 ^ 2) are borne by the Romanian state through the competent authorities, at the proposal of the Ministry of Foreign Affairs, on the basis of the protocol ----------- Alin. (4 ^ 3) of art. 17 ^ 1 was introduced by section 1. 11 11 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (5) For the issuance of the temporary simple passport, a tariff of 100 lei or, abroad, the amount established according to Law no. 198/2008 on consular services for which fees are charged and the level of consular fees at Romania's diplomatic missions and consular offices abroad, with subsequent amendments and completions. ------------ Alin. ((5) art. 17 ^ 1 has been amended by section 4.2 5 5 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. ------------ Article 17 ^ 1 was introduced by item 1. 13 13 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 17 ^ 2 (1) Romanian citizens can only own a simple passport or a valid electronic passport and, only in the situations provided in art. 17 ^ 1 para. ((1) lit. b)-d), may also hold a temporary simple passport. (2) Romanian citizens who are, at the same time, holders of a simple temporary passport and of a simple passport or simple electronic passport valid have the obligation that, within 15 days from the end of the situations provided in art. 17 ^ 1 para. ((1) lit. b)-d) or to issue a simple electronic passport, to hand over the temporary simple passport to the competent authorities. ------------ Article 17 ^ 2 was introduced by the section 13 13 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 18 (. The validity of simple passports shall be as follows: a) 3 years for persons who have not turned 14; b) 5 years for persons aged between 14 and 25 years; c) 10 years for people who have reached the age of 25. (. The validity of simple electronic passports shall be as follows: a) 3 years for persons who have not reached 12 years; ----------- Lit. a) a par. ((2) of art. 18 18 has been amended by section 4.2 12 12 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. b) 5 years for people over 12 years of age. ----------- Lit. b) a par. ((2) of art. 18 18 has been amended by section 4.2 12 12 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (3) The validity of simple temporary passports is 12 months. ------------ Alin. ((3) art. 18 18 has been amended by section 6 6 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 14 14 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (4) The validity of the passports provided in par. ((1)-(3) shall cease by the right on the date on which it is found by the competent authorities that they are damaged or destroyed or, as the case may be, the existence in their content of stersatures or changes operated without right. ------------ Article 18 has been amended by section 6.6. 14 14 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 19 Repealed. ------------ Article 19 has been repealed by point (a) 15 15 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 20 (1) Simple passports, simple electronic passports and temporary simple passports shall be kept by the holders, who are required not to instruct them, unless the documents are retained by the competent authorities or are submitted. at diplomatic missions or foreign consular offices, in order to apply the visa. (2) Simple passports, simple electronic passports and temporary simple passports of minors who have not reached the age of 14 shall be kept by their parents, legal representatives or, as the case may be, by the attendants, when minors travel abroad with other persons, under the conditions of this law. (3) Simple passports, simple electronic passports and temporary simple passports can be retained only by police bodies, judicial authorities, diplomatic missions or consular offices of Romania abroad, as well as by community public services for the issue and registration of simple passports, only if the situation so requires, for the exercise of the specific duties provided for by law. In these situations, the authorities who retain the passports have the obligation to issue to the holder a proof stating that the passport has been retained, as well as the reasons behind this measure. ----------- Alin. ((3) of art. 20 20 has been amended by section 13 13 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (4) Persons referred to in par. ((1) and (2) have the obligation to keep passports in conditions that do not involve the risk of damage, destruction or loss thereof. (5) Within 5 days from the date of loss of Romanian citizenship under the law, the holder of the simple passport, of the simple electronic passport or of the temporary simple passport or, as the case may be, the parents or the legal representative of the minor are obliged to hand over the travel document, in the country, to any of the Community public services for the issue and record of simple passports or at the headquarters of the General Directorate of Passports, and abroad, at the diplomatic missions and consular offices of Romania. (6) The holders of simple passports, of simple electronic passports or of simple temporary passports or, as the case may be, the persons referred to in par. (2) have the obligation to hand over simple passports, simple electronic passports or temporary simple passports at the request of the competent authorities provided in par. ((3). ------------ Alin. ((6) art. 20 20 has been amended by section 7 7 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. ------------ Article 20 has been amended by point 16 16 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 21 (1) If following the submission of the application for the issuance of the simple electronic passport or the temporary simple passport it is found that the conditions provided by law in this regard are not met, the applicant shall be rejected the application. ----------- Alin. ((1) of art. 21 21 has been amended by section 14 14 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((. The decision to reject the application and the reasons therefor shall be communicated to the applicant in writing within the time limit set for the resolution of the application. (3) The decision to reject the application is subject to judicial review, according to Law of Administrative Litigation no. 554/2004 . + Section 5-a Title of travel + Article 22 (1) The title of travel is the document that is issued by the diplomatic missions or consular offices of Romania to Romanian citizens abroad, who no longer possess valid travel document, so that the holder can continue Travel, regulate your stay or return to the country. (2) Minors abroad unaccompanied by their parents may be issued a travel title without their consent, in order to return to the country. ------------ Alin. ((2) of art. 22 22 has been introduced by section 18 18 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 23 The travel title shall be issued with the validity of not more than one year. The validity of the title of travel ceases by right on the date of entry of the holder + Article 23 ^ 1 (1) Starting from the date of entry into circulation of simple temporary passports, the title of travel shall be issued by the diplomatic missions and consular offices of Romania to Romanian citizens abroad, who no longer possess a document of valid travel, only for the holder to return to the country. ------------ Alin. ((1) of art. 23 ^ 1 has been amended by section 4.2 19 19 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) The validity of the travel title shall be no more than 30 days and shall cease by right on the date of entry of the holder in Romania. ------------- Art. 23 ^ 1 was introduced by item 8 8 of art. I of ORDINANCE no. 5 5 of 19 January 2006 , published in MONITORUL OFFICIAL no. 71 71 of 26 January 2006. + Article 24 Art. 20 relating to the obligation of non-disposal and the conditions for the preservation of simple passports, simple electronic passports and temporary simple passports shall also apply in the case of travel titles. ------------ Article 24 has been amended by section 4.2. 20 20 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Section 6 Loss, destruction and theft of travel documents + Article 25 (1) The loss of travel documents shall be declared immediately by the holder or, as the case may be, by the persons referred to in art. 20 20 para. ((2), at the nearest police unit or at any community public service for the issuance and registration of simple passports or at the General Directorate of Passports, and abroad, at the diplomatic missions or consular offices of Romania. ----------- Alin. ((1) of art. 25 25 has been amended by section 15 15 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (. The destruction of the travel document shall be declared by the holder or, as the case may be, by the persons referred to in art. 20 20 para. (2), at the competent authority, on the occasion of the request for a new passport (. The theft of the travel document shall be declared by the holder or, as the case may be, by the persons referred to in art. 20 20 para. (2), immediately, at the nearest police unit in the country or, as the case may be, from the territory of the state where the event occurred, requesting the issuance of a certificate stating the declaration of that event. (4) In case of loss, destruction or theft of diplomatic passports *) and service *), the holder has the obligation to inform the Ministry of Foreign Affairs immediately and, as the case may be, the institution to which he belongs. (5) The Romanian police bodies notified in connection with the loss or theft of the travel document are obliged to issue to the holder or persons referred to in art. 20 20 para. (2) a certificate stating the declaration of that event. ------------ Article 25 has been amended by section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 26 (1) The travel documents found, as well as those belonging to the deceased persons shall be handed over to the issuing authority or to the nearest police unit, which has the obligation to transmit them to the issuing authority. (2) The travel documents declared lost or stolen, recovered by the issuing authorities, may be returned to the holders for further use, if they are still valid and in an appropriate physical state and if the holders have not been issued new documents in their place, under the conditions of this law. ----------- Alin. ((2) of art. 26 26 has been amended by section 16 16 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (3) The travel documents declared lost or stolen, recovered by the issuing authorities after the issuance of a new document, may be returned to the holders for further use, under the conditions of this law, only if they are still valid and in an appropriate physical state and after the cancellation of the travel document issued under the conditions of art. 27 27 para. (1), at the written request of the holder. ----------- Alin. ((3) of art. 26 26 has been introduced by section 17 17 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 27 (1) The competent authorities may issue, upon request, new travel documents instead of those declared destroyed, lost or stolen and which have not been recovered, only if the event has been declared by the holder under the conditions provided in art. 25. (2) If the holder of a travel document issued under the conditions provided in par. (1) or, where applicable, the persons referred to in art. 20 20 para. (2) find the document declared lost or stolen, have the obligation not to use it and to submit it immediately to the issuing authority or, as the case may be, to the institution to which they belong. (3) The declared document lost or stolen, found by the holder or, as the case may be, by the persons provided in art. 20 20 para. (2), after declaring the event under the conditions provided in art. 25, but before a new document is issued, it can still be used, under the conditions of this law, only after informing the issuing authority of its finding. (3 ^ 1) The declared document lost or stolen, found by the holder or by the persons referred to in art. 20 20 para. (2) after the release of a new document, may continue to be used, under the conditions of this law, only after the presentation to the competent authorities of the document found, within the period of validity and in a corresponding physical state, and after cancellation of the travel document issued under par. (1), at the written request of the holder. ----------- Alin. (3 ^ 1) of art. 27 27 has been introduced by section 18 18 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (4) The holder of the simple passport, simple electronic passport or temporary simple passport or, as the case may be, the persons referred to in art. 20 20 para. ((2) have the obligation not to use the travel document when changes have occurred regarding the identification data of the holder or major changes in its physiognomy. ------------ Article 27 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Chapter III Exercising the right to free movement abroad + Section 1 Conditions for the exercise of the right to freedom of movement abroad by Romanian citizens + Article 28 (1) The bodies of the border police allow Romanian citizens who have reached the age of 18 and minors married under the law, who are holders of valid travel documents, to leave the territory of Romania, if they are not in one of the situations of limitation of the exercise of the right to free movement abroad. (2) Romanian citizens against whom the restriction of the exercise of the right to free movement abroad has been ordered to be allowed to leave Romania only if they are in one of the following situations: a) declare that they do not travel to the State/States on which this measure was put in place; b) from the transport documents it does not result that they are to travel to the state/states on which this measure was instituted; c) the border crossing point in which it is presented is not one situated at the border with the State in respect of which that measure was established. (3) If the exit from Romania is allowed under the conditions provided in par. (2), the Romanian citizen is considered by the border police bodies that, during the trip abroad, he does not have the right to travel to the state/states on which the measure of restriction of exercise was instituted. the right to free movement abroad, during the period for which this restriction was ordered. (4) The provisions of par. (2) regarding the situations in which the Romanian citizen's exit against which the measure of restriction of the exercise of the right to free movement abroad was ordered does not apply to persons who legitimize themselves at the point of border crossing with diplomatic passport *) or service *), except in the cases provided in art. 40 lit. a)-c). (5) The Romanian citizen against whom the measure was ordered to restrict the exercise of the right to free movement abroad can travel to the state/states on which this measure was established only in exceptional situations, determined by objective reasons that require its presence in the respective state, established by the methodological norms for the application of this law. --------------- Alin. ((5) of art. 28 28 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 96 96 of 29 November 2006 , published in MONITORUL OFFICIAL no. 981 981 of 8 December 2006. + Article 29 (1) Upon returning to the territory of Romania, Romanian citizens have the obligation to present to the border police bodies the travel documents abroad valid, issued by the Romanian competent authorities in the country or abroad. (2) The bodies of the border police may allow the entry into the territory of Romania of the Romanian citizen who is legitimized with a travel document issued by the Romanian competent authorities, whose validity has ceased, only after the checks appropriate in the specific records, on the identity and nationality of the holder. In this case the duration of the checks carried out may not exceed 24 hours from the time of presentation of the applicant at the border crossing point (3) If the person who presents himself at the border crossing point to enter the territory of Romania declares that he is a Romanian citizen, but does not possess documents issued by the Romanian authorities, valid or expired, stating its identity, the border police bodies shall carry out as soon as possible the necessary checks to establish the identity and nationality of the person concerned. (4) If the person referred to in par. (3) is the holder of a travel document issued by another state and meets the conditions of entry into the territory of Romania, according to the law, the organs of the border police allow its entry into the country as a foreigner, and a guide at the same time to address the General Directorate of Passports within the Ministry of Administration and Interior, to clarify the situation regarding Romanian citizenship. (5) The bodies of the border police are obliged to allow the entry into the territory of Romania ((2) and (3), as soon as they determine their identity, as well as the fact that they are Romanian citizens. (6) In the cases provided in par. (2) and (3), depending on the time required to carry out the appropriate checks by the border police bodies, the person may be accommodated, with his consent, in a specially arranged space inside the crossing point of the the border, provided by its administrator. + Article 30 (1) The bodies of the border police allow the exit from Romania of minor Romanian citizens only if they are accompanied by a major natural person, in the following cases: a) the minor who is the holder of an individual travel document or, as the case may be, of an identity card and travels abroad accompanied by both parents is allowed to leave under the same conditions and together with them; b) the minor who is the holder of an individual travel document or, as the case may be, of an identity card and travels abroad together with one of the parents is allowed to leave under the same conditions and together with him only if the accompanying parent presents a statement of the other parent showing his/her agreement on making that trip in his or her State in the destination states, as well as on her period or, as the case may be, death of the other c) the minor who is the holder of an individual travel document or, as the case may be, of an identity card and travelling abroad together with one of the parents is allowed to leave under the same conditions and together with him, without the statement of the other parent is necessary, only if the accompanying parent proves that he has been entrusted by a final and irrevocable court decision or that he exercises the parental authority alone pursuant to a judgment Final and irrevocable court or decision Final remaining court for the processes started on February 15, 2013; ----------- Lit. c) a par. ((1) of art. 30 30 has been amended by section 4.2 19 19 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. d) the minor who is the holder of an individual travel document or, as the case may be, of an identity card and travelling accompanied by another major natural person is permitted to leave under the same conditions and together with it only if the accompanying person presents a declaration of both parents or, as the case may be, of the parent to whom he was entrusted by final and irrevocable court decision, of the parent who exercises the parental authority alone on the basis of a court decisions remaining final and irrevocable or on the basis of a judgment Final remaining court for the trials started on February 15, 2013, of the surviving parent or his legal representative, including their agreement on the conduct of the respective trip by the minor, at the State or States of destination, at the time when the journey is to take place, as well as the identity data of that companion. ----------- Lit. d) a par. ((1) of art. 30 30 has been amended by section 4.2 19 19 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. -------------- Alin. ((1) of art. 30 30 has been amended by section 23 23 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) In the situations provided in par. ((1) lit. b)-d) it is not necessary the statement of the fallen parent from parental rights or, as the case may be, declared missing, under the law, if the companion makes proof of this, unless both parents are in this situation, when the statement of the minor's legal representative is mandatory. (3) By way of derogation from the provisions of paragraph ((1) lit. b)-d), the organs of the border police allow the exit from Romania of accompanied minors, only in the following situations: a) if the companion argues the need for travel abroad by the fact that the minor is to benefit from a medical treatment that is not possible on the territory of Romania and without which life or health is put to him seriously in danger, provided that they present proof documents in this regard, issued or endorsed by the Romanian medical authorities, showing the period and the state or states in which the medical treatment is to be granted, even if not there is the agreement of both parents, the other parent, the surviving parent or the the legal representative; b) if the attendant proves that the minor is moving for official studies or competitions, by presenting appropriate documents, showing the period and the state or states in which these studies will take place or competitions, even if there is agreement only of one of the parents. ------------- Lit. b) a par. ((3) art. 30 30 has been amended by section 4.2 3 3 of the single article of LAW no. 191 191 of 16 May 2006 , published in MONITORUL OFFICIAL no. 441 441 of 22 May 2006, amending section 9 9 of art. I of ORDINANCE no. 5 5 of 19 January 2006 , published in MONITORUL OFFICIAL no. 71 71 of 26 January 2006. (4) In addition to the information provided in par. ((1) lit. d), the statement of the parents, of the parent to whom the minor was entrusted by the final and irrevocable court decision, of the parent who exercises the parental authority alone under a final court decision and irrevocable or on the basis of a final court decision for the trials started on 15 February 2013, of the surviving parent or legal representative, as the case may be, shall include the following particulars: ----------- The introductory part of para. ((4) of art. 30 30 has been amended by section 4.2 20 20 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. a) the purpose of movement; b) the route followed to the destination state; c) indication of whether the minor is to remain in the state of destination, in which case the person to whom the minor is to be entrusted must be mentioned, or if he is to return with a companion, whose identity data must be indicated, if it is a person other than the one with whom it comes out of Romania. (5) He may have the status of a companion and a specific person designated from a commercial company authorized, under the law, to carry out international transport activities of persons. (6) The bodies of the border police will allow the exit from Romania of the accompanied minors only if it is found that the information provided in par. ((1) lit. b) and c) and in par. ((4), regarding the attendant, the period of travel and the route to be followed, and in the situations provided in par. ((3), if it is found that the route chosen for travel and the moment of presentation when leaving the country is justified in relation to the destination, respectively with the period of travel. (7) The statements provided in par. ((1) lit. b)-d) must be written in two copies and must be authenticated in the country by the public notary, and abroad, by the diplomatic missions or consular offices of Romania or, if they were given before the foreign authorities, to meet the conditions of overrepresentation provided by law or to have applied the apostille according to the Convention on the suppression of the requirement of the overrepresentation of foreign official acts, adopted in The Hague on 5 October 1961, to which Romania acceded by Government Ordinance no. 66/1999 , approved by Law no. 52/2000 ,, as amended. A copy of the declaration shall be kept by the attendant and the second copy shall accompany the minor's passport. + Article 31 (1) If the border police bodies find that the conditions provided for by this law are not met for the minor to come out of Romania, they will interrupt his trip. If the minor is not accompanied by at least one of the parents, they will proceed with their immediate information, asking them to take over as soon as possible. If it is not possible to inform parents, the border police bodies will immediately notify the National Authority for the Protection of Children's Rights, which will initiate the procedure applicable to unaccompanied minors, according to the law. (2) The bodies of the border police will also interrupt the journey of the minor, even if the conditions provided for in art. 30, in the following situations: a) the companion is a foreign citizen and does not prove that he has the right to return to Romania, although in the statement of his parents or, as the case may be, the legal representative is mentioned that the minor will return with the same companion; b) the attendant has previously committed one of the following offences: 1. murder; 2. crimes against freedom and sexual integrity; 3. crimes related to trafficking and exploitation of vulnerable persons; 4. deprivation of liberty illegally; 5. offences relating to drug trafficking or precursors; 6. human tissue or organ trafficking; 7. terrorism offences; ----------- Lit. b) a par. ((2) of art. 31 31 has been amended by section 4.2 1 1 of art. 167 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. c) the companion is a foreign citizen and leaves the territory of Romania as a result of a decision to remove from the territory of Romania, ordered under the law, unless he is a parent of the minor and there is the agreement of the other parent, given under the conditions provided in art. 30 30; d) the companion or, as the case may be, the minor was limited, under the conditions of this law, the exercise of the right to free movement abroad for the state of destination or for a state to be transited, during the period travel together; e) the companion is not the person entrusted by the court with the supervision of the minor, under the terms of the criminal law; ----------- Lit. e) a par. ((2) of art. 31 31 has been amended by section 4.2 1 1 of art. 167 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. f) the minor refuses to leave the country, if he has reached the age of 14. (3) The exit from Romania of minors, in case there are misunderstandings between parents regarding the expression of the agreement or one of the parents is unable to express their will, except in the situations provided in art. 30 30 para. (2) and (3), shall be allowed only after the settlement of disagreements by the court, under the law. ------------ Alin. ((3) of art. 31 31 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (4) In order to find by the border police bodies the situation provided in par. ((2) lit. e), the decision of the court ordering the educational measure of supervised freedom is communicated to the Romanian Border Police and the General Directorate of Passports within the Ministry of Administration and Interior. ------------ Alin. ((4) art. 31 31 has been amended by section 8 8 of the single article of LAW no. 264 264 of 7 July 2009 , published in MONITORUL OFFICIAL no. 487 487 of 14 July 2009, amending section 24 24 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 32 (1) Until the takeover of the minor by the parent or, as the case may be, by another person, under the conditions of this law, the companion provided in art. 30 30 para. ((1) lit. d), who travels abroad under the conditions of this law together with him, has the following obligations: a) to provide care and supervision to the minor for the duration of the trip; b) not to abandon the minor; c) not to entrust the minor to another person than to the parent, legal representative or, as the case may be, the person provided in art. 30 30 para. ((4) lit. c) or, in particular cases, to foreign authorities competent in the field of assistance and protection for minors; d) respect the purpose, route and duration of the trip mentioned in the declaration provided for in art. 30 30 para. ((1) lit. d), except where there is a subsequent agreement thereon with regard to the changes; e) in case of disappearance of the minor during the trip abroad, to immediately notify the competent authorities of the territory of the state where the event occurred, as well as the nearest diplomatic representation or consular office of Romania, requesting the issuance of a certificate in this regard; f) to inform as soon as possible the nearest diplomatic representation or consular office of Romania, in case of an objective situation likely to interrupt the trip, to change the route, to exceed the duration of the trip indicated of parents or legal representative; g) if it is not possible to entrust the minor to the person referred to in art. 30 30 para. ((4) lit. c), to immediately notify the nearest diplomatic representative or consular office of Romania, in order to reunite the family of the minor or, as the case may be, to return to Romania with him. (2) In the situations provided in par. ((1) lit. e)-g), the diplomatic mission or the consular office notified has the obligation to inform immediately, directly or through the General Directorate of Consular Affairs of the Ministry of Foreign Affairs, both the General Inspectorate of the Romanian Police, as and the General Directorate of Passports within the Ministry of Administration and Interior, in order to notify the parents or the legal representative of the minor in connection with the event. + Article 33 The minor who travels abroad accompanied by at least one of the parents or his legal representative cannot be entrusted by him to a person from the territory of another state, when the educational measure was ordered supervised freedom, under criminal law. + Section 2 Establishment of residence abroad + Article 34 (1) The Romanian citizen who has established his domicile abroad may request the issuance of a simple electronic passport or a simple passport temporarily with the mention of the country of domicile, when he is in one of the following situations: ----------- The introductory part of para. ((1) of art. 34 34 has been amended by section 4.2 21 21 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. a) has acquired a right of residence for a period of at least one year or, as the case may be, has successively extended the right of residence, within one year, within the territory of that State; b) has acquired a right of residence on the territory of that State, for the purpose of family reunification with a person residing in the territory of that State; c) has acquired a long-stay right or, as the case may be, a right of permanent residence on the territory of that State; d) acquired the citizenship of that State; e) has acquired a right of work or is enrolled in a private or public institution with the main purpose of following studies, including vocational training. (2) The Romanian citizen possessor of a certificate of registration or of a document certifying residence in a Member State of the European Union, of the European Economic Area or in the Swiss Confederation, issued by the competent authorities of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation, may request the issuance of a simple electronic passport or a simple temporary passport with the mention of the country of domicile in that State. ----------- Alin. ((2) of art. 34 34 has been amended by section 22 22 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((3) In the case of applying for a simple electronic passport or a simple passport temporarily with the mention of the country of domicile, the application shall be submitted personally to the Community public service for the issue and registration of simple passports, in whose radius territorial had the last domicile or, as the case may be, the residence, and, abroad, at the diplomatic missions or at the consular offices of Romania. In the situations provided in art. 15 15 para. (3) and (4), applications for the issuance of the electronic simple passport, respectively of the temporary simple passport with the mention of the country of domicile may be submitted to the nearest Community public service for the issuance and registration of passports Simple. ---------- Alin. ((3) of art. 34 34 has been amended by section 22 22 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((4) Applications for issuing the simple electronic passport with the mention of the country of domicile shall be settled by the Community public services for the issuance and registration of simple passports. ----------- Alin. ((4) of art. 34 34 has been amended by section 22 22 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. ((5) Applications for issuing a simple temporary passport with the mention of the country of residence shall be settled, where appropriate, by the Community public services for the issue and registration of simple passports or diplomatic missions or offices consular of Romania. (6) The Romanian citizen who has established his domicile abroad has the obligation that, when handing over the simple electronic passport or a simple passport temporarily with the mention of the country of domicile, to hand over the identity document certifying the existence domicile in Romania, issued by the Romanian authorities. ----------- Alin. ((6) of art. 34 34 has been amended by section 22 22 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (7) The necessary documents, the procedure, the conditions and the deadlines for the settlement of applications for the issuance of passports with the mention of the country of domicile shall be established by the methodological norms for the application ------------ Article 34 has been amended by section 4. 25 25 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 35 The Romanian citizen who has his domicile abroad and requests the Romanian competent authorities to issue identity documents, travel or civil status, but cannot prove Romanian citizenship, is issued the respective documents, under the law, only after attest by the General Directorate of Passports, at the request of these authorities, the fact that the applicant is a Romanian citizen. + Article 36 (1) The Romanian citizen who has reached the age of 18 and the minor married in compliance with the law, who have established their domicile in Romania, are cancelled the mention on the establishment of domicile abroad or, as the case may be, the passports provided to art. 34 and they are issued identity card, under the law. ------------ Alin. ((1) of art. 36 36 has been amended by section 26 26 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) The Romanian citizen who is domiciled abroad and was returned on the basis of a readmission agreement or, as the case may be, was expelled from the territory of the home state has the obligation that, within 15 days from the date of entry into Romania, declare to the competent authorities the place where he has established his domicile, + Article 37 The minor establishes his domicile abroad or, as the case may be, in Romania, under the Law no. 287/2009 on the Civil Code, republished, as amended, and other special laws comprising regulations in this matter. ----------- Article 37 has been amended by section 6.6. 23 23 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Section 3 Limiting the exercise of the right to free movement abroad + Article 38 The restriction of the exercise of the right to free movement abroad of Romanian citizens can be ordered for a period of no more than 3 years only under the conditions and with regard to the following categories of persons: a) repealed; ---------- Lit. a) of art. 38 38 has been repealed by section 6.6. 1 1 of art. I of LAW no. 206 206 of 11 November 2010 , published in MONITORUL OFFICIAL no. 767 767 of 17 November 2010. b) regarding the person whose presence on the territory of a state, through the activity he carries out or would carry out, would prejudice the interests of Romania or, as the case may be, the bilateral relations between Romania and that state. + Article 39 ((1) Abrogat. ----------- Alin. ((1) of art. 39 39 has been repealed by section 6.6. 2 2 of art. I of LAW no. 206 206 of 11 November 2010 , published in MONITORUL OFFICIAL no. 767 767 of 17 November 2010. (2) In the situation provided for in art. 38 lit. b), the measure is ordered, at the request of the institution with competence in the field of defence, public order or national security that holds data or information on the activity that the person carries out or is going to carry out in abroad, by the court in whose territorial area is the domicile of this person, and when he is domiciled abroad, by the Bucharest Court. -------------- Alin. ((2) of art. 39 39 returned to its original form by rejecting EMERGENCY ORDINANCE no. 126 126 of 5 November 2007 , published in MONITORUL OFFICIAL no. 760 760 of 9 November 2007 by LAW no. 115 115 of 16 May 2008 , published in MONITORUL OFFICIAL no. 384 384 of 21 May 2008. (3) In the case provided in par. (2), the court shall rule, by decision, within 5 days of receipt of the request of the competent authorities and communicate the decision of the parties, the General Directorate of Passports, the General Inspectorate of the Border Police, as well as the service community public for the issue and record of simple passports, competent to issue the simple passport to the person against whom the measure was ordered. ----------- Alin. ((3) of art. 39 39 has been amended by section 3 3 of art. I of LAW no. 206 206 of 11 November 2010 , published in MONITORUL OFFICIAL no. 767 767 of 17 November 2010. (4) The decision provided in par. (3) is subject to the appeal, within 5 days from the communication, to the territorial jurisdiction appeal court. The court shall rule within 3 days from the date of receipt of the application. (5) The decision of the court of appeal is subject to appeal, the term of appeal, as well as the one of judgment being those provided in par. ((4). (6) Exercise of the remedies provided in par. ((4) and (5) do not suspend the execution of the court (7) The presence of the prosecutor at all court hearings is mandatory. ((8) Abrogat. ------------ Alin. ((8) of art. 39 39 has been repealed by section 6.6. 28 28 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. + Article 40 The exercise by a person of the right to free movement abroad shall be suspended only in the following situations: a) is accused or indicted in a criminal case and was ordered to establish a preventive measure under the Code of Criminal Procedure; b) has been convicted and has to execute a custodial sentence; c) is admitted to an educational center or a detention center; ----------- Lit. c) of art. 40 40 has been amended by section 4.2 2 2 of art. 167 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. d) did not comply with the measure of restriction of the exercise of the right to free movement abroad, ordered under the conditions of this law. + Article 41 (1) In order to implement by the competent authorities the measure of suspension of the exercise of the right to free movement abroad, the authorities who ordered the measures provided for in art. 40 lit. a)-c) have the obligation to communicate to the competent authorities to issue the passport, the General Directorate of Passports, the General Inspectorate of the Romanian Police and the General Inspectorate of the Border Police. ----------- Alin. ((1) of art. 41 41 has been amended by section 24 24 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. (2) The suspension of the exercise of the right to free movement abroad shall cease by right on the date on which the measure ordered in any of the situations referred to in art. 40 lit. a)-c). + Article 42 (1) In the situation provided for in art. 40 lit. d), the measure is ordered, at the request of the institution with powers in the field of defence, public order or national security, provided for in 39 39 para. (2), by the tribunal in whose territorial area the domicile of the person against whom the measure of suspension of the exercise of the right to free movement abroad has been established, and when he is domiciled abroad, by The Bucharest Court, for a period that cannot exceed 3 years. Art. 39 39 para. ((3)-(7) shall apply accordingly. ----------- Alin. ((1) of art. 42 42 has been amended by section 4 4 of art. I of LAW no. 206 206 of 11 November 2010 , published in MONITORUL OFFICIAL no. 767 767 of 17 November 2010. ((2) Abrogat. ----------- Alin. ((2) of art. 42 42 has been repealed by section 6.6. 5 5 of art. I of LAW no. 206 206 of 11 November 2010 , published in MONITORUL OFFICIAL no. 767 767 of 17 November 2010. + Article 43 During the suspension of the exercise of the right to free movement abroad, the Romanian citizen is temporarily refused the issuance of the travel documents provided for in art. 6 6 para. ((1) by the competent authority to issue these documents, and if they have been released, they shall be withdrawn by the competent authorities to enforce the measure. ----------- Article 43 has been amended by section 43. 25 25 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 44 (1) At the request of the person against whom the measure provided for in art. 40, subject to art. 42, the court that instituted this measure may order the temporary suspension of its execution and the replacement of this measure, for a limited period of time, with the measure of restricting the right to free movement, with the application appropriate provisions of art. 39 39 para. (3)-(7), in the following cases: a) the person is to travel abroad to undergo a medical treatment that is not possible on the territory of Romania and without which his life or health is seriously endangered, presenting supporting documents in this regard, issued or endorsed by the Romanian medical authorities; b) in the case of the death abroad of the spouse or of a relative up to the fourth degree; c) in other objective situations that require the temporary presence of the person on the territory of another state, without which the legitimate interests of it or another citizen would be seriously affected. (2) If the court accepts the application referred to in par. (1), by its judgment, it must determine the exact period, as well as the State (s) in which the person may travel. (3) The bodies of the border police allow the exit of the person provided in par. (1), under the conditions provided in art. 28 28 para. ((2) and (3), if it presents the judgment of the court, left final and irrevocable, by which the execution of the measure provided for in art. 40. + Chapter IV Contraventions and offences + Article 45 Violation of the provisions of this law attracts, as the case may be, criminal, civil, contravention or administrative liability of the guilty person. + Article 46 The following acts constitute contraventions: a) non-compliance with the obligation to surrender diplomatic passports *), under the conditions provided in art. 11 11 para. ((1); b) non-compliance by holders of diplomatic passports *) of the obligation provided in art. 11 11 para. ((2); c) the use of service passports *) in situations other than those provided in art. 14 14 para. ((1); d) non-compliance by the holders of the service passports *) of the obligation provided in art. 14 14 para. ((2); e) non-compliance by holders of several passports or, as the case may be, by the persons referred to in art. 20 20 para. (2) of the obligation to surrender the additional passport, according to art. 16 16 para. ((2) or, where applicable, art. 17 ^ 2 para. ((2); ------------- Lit. e) of art. 46 46 has been amended by section 4.2 29 29 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. e ^ 1) use by the holder or, as the case may be, by the persons referred to in art. 20 20 para. (2) of passports that have ceased to be valid according to art. 18 18 para. ((4); ------------- Lit. e ^ 1) of art. 46 46 was introduced by section 4.2. 30 30 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. f) non-compliance by holders of simple passports, simple electronic passports or simple temporary passports of the obligation provided in art. 20 20 para. ((1); ----------- Lit. f) of art. 46 46 has been amended by section 4.2 26 26 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. g) non-compliance with the condition regarding the keeping of simple passports, simple electronic passports or temporary simple passports of minors who have not reached the age of 14 by their parents, legal representatives or companions, provided for in art. 20 20 para. ((2); ------------- Lit. g) art. 46 46 has been amended by section 4.2 29 29 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. h) the detention of the passport belonging to a person, by persons other than those authorized, under the conditions of art. 20 20 para. ((3); i) non-compliance by the persons provided in art. 20 20 para. ((1) and (2) of the obligation provided in par. ((4); j) non-compliance with the obligation not to use the simple passport, simple electronic passport or simple temporary passport declared stolen or lost, by the persons referred to in art. 27 27 para. ((2); ------------- Lit. j) art. 46 46 has been amended by section 4.2 29 29 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. k) use of simple passport, simple electronic passport or temporary passport declared stolen or lost, without fulfilling the condition provided in art. 27 27 para. ((3); ------------- Lit. k) art. 46 46 has been amended by section 4.2 29 29 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. k ^ 1) non-compliance by the holder or persons provided in art. 20 20 para. (2) of the obligation provided in art. 27 27 para. ((4); ------------- Lit. k ^ 1) of art. 46 46 was introduced by section 4.2. 31 31 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. k ^ 2) non-compliance by persons referred to in art. 20 20 para. ((5) the obligation to surrender the simple passport, simple electronic passport or temporary simple passport within 5 days; ------------- Lit. k ^ 2) of art. 46 46 was introduced by section 4.2. 31 31 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. k ^ 3) non-compliance by persons referred to in art. 20 20 para. (6) of the obligation to hand over the simple passport, simple electronic passport or simple temporary passport to the authorities provided in art. 20 20 para. ((3); ------------- Lit. k ^ 3) of art. 46 46 was introduced by section 4.2. 31 31 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. l) non-compliance with 32 32 para. ((1) lit. d) by the minor's companion, except where there was the agreement of the parent or, as the case may be, the legal representative; m) non-compliance with the deadline provided 36 36 para. (2) by the person returned/expelled from the territory of the state where he had established his domicile; ------------- Lit. m) of art. 46 46 has been amended by section 4.2 29 29 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. n) loss, damage or destruction of travel documents provided in art. 6 6 para. (1), repeatedly, within a period of 3 years. ----------- Lit. n) of art. 46 46 has been amended by section 4.2 5 5 of art. I of EMERGENCY ORDINANCE no. 96 96 of 29 November 2006 , published in MONITORUL OFFICIAL no. 981 981 of 8 December 2006. + Article 47 (1) Contraventions provided in art. 46 46 shall be sanctioned as follows: a) with a fine of 30 lei to 50 lei, those provided in lett. a), d), e), g) and i); b) with a fine from 50 lei to 100 lei, those provided in lett. b), c), f), j) and k); c) with a fine of 100 lei to 150 lei, those provided in lett. m) and n); d) with a fine of 150 lei to 300 lei, the one provided in lett. l); e) with a fine of 300 lei to 500 lei, those provided in lett. e ^ 1), h), k ^ 1), k ^ 2) and k ^ 3). ------------- Alin. ((1) of art. 47 47 has been amended by section 32 32 of art. I of EMERGENCY ORDINANCE no. 207 207 of 4 December 2008 , published in MONITORUL OFFICIAL no. 831 831 of 10 December 2008. (2) The amounts referred to in par. (1) will be updated by Government decision. + Article 48 The finding of contraventions and the application of sanctions shall be made by specific workers appointed from the Ministry of Administration and Interior or, as the case may be, by certain designated agents of other institutions or authorities, according to skills. + Article 49 Contraventions provided for in art. 46 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Article 50 Repealed. ----------- Article 50 was repealed by point (a). 3 3 of art. 167 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 51 The deed of the person referred to 30 30 para. ((1) lit. d) to have left the minor in another state, in violation of the obligations provided in art. 32 32 para. ((1) lit. c), e) and g), constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. ----------- Article 51 has been amended by section 1. 4 4 of art. 167 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter V Transitional and final provisions + Article 52 Repealed. ----------- Article 52 has been repealed by point (a) 27 27 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. + Article 53 The methodological norms for the application of this law are approved by Government decision, at the proposal of the Ministry of Administration and Interior and the Ministry of Foreign Affairs, within 6 months from the date of publication of the present law in the Gazette Official of Romania, Part I. + Article 54 (1) This law shall enter into force 6 months after the date of publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Government Ordinance no. 65/1997 on the passport regime in Romania, published in the Official Gazette of Romania, Part I, no. 226 of 30 August 1997, approved with amendments by Law no. 216/1998 , with subsequent amendments and completions, as well as any other contrary provisions, with the following exceptions: a) Government Decision no. 460/2001 on the putting into circulation of new types of Romanian passports, as amended, published in the Official Gazette of Romania, Part I, no. 272 272 of 25 May 2001; b) Government Emergency Ordinance no. 144/2001 on the fulfilment by Romanian citizens, upon leaving the country, of the conditions of entry into the Member States of the European Union and in other states, published in the Official Gazette of Romania, Part I, no. 725 725 of 14 November 2001, approved and amended by Law no. 177/2002 , with subsequent additions, and Order of the Interior Minister no. 177/2001 for determining the amount of the minimum amount in freely convertible currency that Romanian citizens must hold when leaving the country, when travelling for private purposes in the Member States of the European Union or in other states, published in Official Gazette of Romania, Part I, no. 759 759 of 28 November 2001, which is repealed on the date of Romania's accession to the European Union + Article 55 Repealed. ----------- Article 55 was repealed by point (a). 28 28 of art. I of LAW no. 175 175 of 6 June 2013 , published in MONITORUL OFFICIAL no. 343 343 of 11 June 2013. This law was adopted by the Romanian Parliament, under the conditions of art. 147 147 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 20, 2005. No. 248. ------------