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Law No. 56 Of 13 March 2007 On The Amendment And Completion Of The Government Emergency Ordinance Nr. 194/2002 Aliens In Romania

Original Language Title:  LEGE nr. 56 din 13 martie 2007 pentru modificarea şi completarea Ordonanţei de urgenţă a Guvernului nr. 194/2002 privind regimul străinilor în România

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LEGE no. 56 56 of 13 March 2007 to amend and supplement Government Emergency Ordinance no. 194/2002 on the foreign regime in Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 201 201 of 26 March 2007



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 201 of 8 March 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, letters b ^ 1) and b ^ 2) shall read as follows: " b ^ 1) resident-the foreign holder of a temporary residence permit or a residence card, granted under the conditions of this emergency ordinance; b ^ 2) permanent resident-the titular foreigner of a permanent residence permit or a permanent residence card, granted under the conditions of this emergency ordinance; ". 2. In Article 2, after letter b ^ 2), two new letters are inserted, letters b ^ 3) and b ^ 4), with the following contents: " b ^ 3) sponsor-foreigner with legal residence on the territory of Romania, who applies for family reunification under the conditions of this emergency ordinance; b ^ 4) The National Visa Center-specialized structure within the General Directorate for Consular Affairs of the Ministry of Foreign Affairs, which contributes to the establishment and realization of the national visa policy of Romania, together with the other institutions of the central public administration, according to the powers established by law; " 3. In Article 2, after letter h) two new letters, letters i) and j) are inserted, with the following contents: " i) interview-the discussion held by a representative of the Romanian authorities with the person requesting the granting of the Romanian visa or the extension of the right of residence under the conditions of this emergency ordinance, in order to obtain additional information with on the data entered in the requests made, the reasons for the trip and the stay in Romania and the veracity of the documents j) interview officer-the worker of the Foreign Authority, with duties in finding the existence of the elements of the marriage of convenience; ". 4. Article 5 (1) (b) shall be repealed. 5. In Article 6 (1), after letter e) two new letters are inserted, letters e ^ 1) and e ^ 2), with the following contents: " e ^ 1) have not previously violated, unjustifiably, the purpose declared when obtaining the visa or, as the case may be, upon entering the territory of Romania or did not try to cross the Romanian border with false documents; e ^ 2) in their name no alerts were introduced in the Schengen Information System for the purpose of refusing entry; ". 6. In Article 6, paragraph 2 shall read as follows: " (2) Foreign citizens-family members of Romanian citizens, as well as foreigners holders of a right of permanent residence on the territory of the Member States of the European Union are allowed to enter the territory of Romania without fulfilling the conditions provided in par. ((1) lit. c) and d). " 7. In Article 7, paragraph 2 shall read as follows: " (2) In case of non-compliance with paragraph ((1), the respective transport company is obliged to provide the immediate transport of the foreigners concerned to the place of embarkation or to another place that foreigners accept and where they are accepted. If this is not possible, the carrier shall be obliged to provide expenses on accommodation and maintenance, as well as all other expenses determined by the removal from the territory of Romania, hereinafter referred to as removal. " 8. Article 8 (2) (c) shall be repealed. 9. in Article 18, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) The right of residence granted by visa may be exercised only during the period of validity of the visa." 10. In Article 23, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If the date of entry into the territory of Romania cannot be established on the basis of the terms of the foreign travel document, the Foreign Authority shall proceed according to the provisions of art. 11 11 of the European Parliament and Council Regulation no. 562/2006 562/2006 on the creation of a Community code on the rules underlying the free movement of persons across borders (Schengen Borders Code), published in the Official Journal of the European Union (JOUE) no. L105 of 13 April 2006. ' 11. In Article 24 (1), the letter d) shall read as follows: " d) employment-to foreigners who are to enter Romania for employment. The visa granted for this purpose will also be issued to athletes who are to perform within clubs or teams in Romania, based on an individual employment contract or a civil convention under the law; ". 12. Article 24 (1), point g) shall be repealed. 13. In Article 24 (1), letter i) shall read as follows: "" i) other purposes. ' 14. In Article 27 (2), after letter b), three new letters are inserted, letters b ^ 1)-b ^ 3), with the following contents: " b ^ 1) on behalf of the foreigner no alert was introduced regarding the refusal of visa issuance in the Integrated Information System on migration, asylum and visa issues; b ^ 2) on behalf of the foreigner no signings were received regarding the non-permitting of entry from the representatives of the Member States of the European Union, the European Economic Area, as well as of the States Parties to the Agreement on the gradual checks at the common borders, signed in Schengen on 14 June 1985, hereinafter referred to as the Schengen Agreement, within the framework of consular cooperation; b ^ 3) there is no reason to consider that the visa is requested for the purpose of illegal migration; ". 15. In Article 29, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) When submitting the application for granting the Romanian visa, the applicant is, as a rule, called to interview. (2 ^ 2) The application for the granting of the entry visa in Romania shall not be taken in the following cases: a) is not accompanied by the documents provided in par. ((1); b) following the interview it was not demonstrated the good faith of the applicant or it resulted that the foreigner does not meet the general and special conditions for granting the Romanian visa provided by this emergency ordinance. " 16. In Article 29, paragraph 4 shall read as follows: " (4) I can be an exception to the provisions of para. (2 ^ 1) and (3) the marked personalities of social, cultural, political or economic life or the cases in which foreigners must travel a very long distance to present themselves at the diplomatic mission or consular office and only if not there is no doubt about the applicant's good faith, as well as in the case of organised groups, when a recognised and trustworthy body responds to the good faith of the applicants. " 17. Article 30 shall read as follows: "" ARTICLE 30 Competent bodies to grant Romanian visa (1) The Romanian visa shall be granted by the diplomatic missions and consular offices of Romania. (2) The short stay visa shall be granted by the diplomatic missions and consular offices of Romania, as follows: a) without prior approval of the National Visa Centre, for foreigners who do not need a visa to enter the territory of the Member States of the European Union; b) with the prior approval of the National Visa Centre, for foreigners who need a visa to enter the territory of a Member State of the European Union. (3) The list of states whose citizens need a visa to enter the territory of Romania shall be established by the Ministry of Foreign Affairs, in accordance with the regulations of the European Union. (4) In order to approve applications for short-stay visas, the National Visa Centre shall seek the opinion of the Foreign Authority only in cases established by protocol approved by joint order of the Minister of Foreign Affairs and Minister of Administration and Interior. (5) The opinion of the Foreign Authority provided in par. (4) finds that the conditions laid down in art. 6 6 para. ((1) lit. a), e), e ^ 1), e ^ 2) and f), art. 8 8 para. ((1) lit. b)-d), as well as art. 27 27 para. ((2) lit. b ^ 1) and b ^ 3). (6) The foreign authority shall issue the opinion within up to 7 working days from the date of receipt of the request of the National Visa Center. In duly justified circumstances, the time limit may be extended by up to 7 working days. (7) The long-stay visa is granted by the diplomatic missions and consular offices of Romania, with the approval of the National Visa Center, only after obtaining the opinion of the Authority for foreigners. (8) The opinion of the Foreign Authority provided in par. (7) finds that the conditions laid down in art. 6 6 para. ((1) lit. a), e), e ^ 1), e ^ 2) and f), art. 8 8 para. ((1) lit. b)-d), art. 27 27 para. ((2) lit. b ^ 1) and b ^ 3), as well as the special conditions for each type of visa. (9) The foreign authority shall issue the opinion within 30 days from the date of receipt of the request of the Ministry of Foreign Affairs. (10) The long-stay visa for foreigners who are family members of Romanian citizens is granted by diplomatic missions and consular offices of Romania, without payment of consular fees. " 18. After Article 30, a new article is inserted, Article 30 ^ 1, with the following contents: "" ARTICLE 30 ^ 1 Release of the Romanian visa The visa shall be issued by the diplomatic missions and consular offices of Romania only if the conditions that were the basis for its approval are fulfilled at the time of issue of the visa. " 19. In Article 31 (1), after letter f) a new letter, letter g) is inserted, with the following contents: "g) for humanitarian reasons, for reasons of national interest or due to obligations assumed by Romania through international documents." 20. In Article 31, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The transit visa may be granted at the state border crossing points and in the case of foreigners who do not meet the conditions provided for in art. 6 6 para. ((1) lit. a)-d), but are in possession of a residence permit or visa issued by a Member State of the European Union or of the European Economic Area, in order to enter that state. " 21. In Article 32, paragraph 4 shall read as follows: " (4) The decision to cancel or, as the case may be, to revoke the visa shall be communicated to the foreigner, in writing, together with the reasons behind it, by the diplomatic mission or the consular office which granted the visa, when the applicant is in abroad, by the border police bodies, when it is at the crossing point of the state border, and by the Foreign Authority, by the return decision provided for in art. 80, when the one in question is in Romania. From the date of communication, the cancellation shall produce retroactive effects and the revocation shall only take effect for the future. 22. In Article 35 (1), points a), b) (i) and (iv), points c) and d)-points (iii) and (iv) shall read as follows: " a) mission-the visa is granted to foreigners who prove that they have one of the qualities provided in art. 23 23 para. ((3) lit. a) and move to Romania by virtue of these qualities; b) tourism-visa is granted to foreigners, if they present: ........................................................................................ ((i) voucher or firm reservation at a tourist accommodation and travel itinerary; ........................................................................................ ((iv) proof of means of maintenance in the amount of 50 euro/day for the entire period, but not less than 500 euro or equivalent in convertible currency; c) visit-visa is granted to foreigners, if they present: ((i) travel ticket valid to the destination or driving licence, green card and registration documents of the means of transport, in the case of drivers; (ii) medical insurance; (iii) authenticated invitation from the person visited, showing that it will ensure the costs of removal, if the invited foreigner does not leave Romania until the date on which the right of stay established by the visa, as well as, when the person visited undertakes, the means of maintenance and accommodation of the foreigner; ((iv) proof of the means of maintenance in the amount of 50 euro/day for the entire period, but not less than 500 euro or the equivalent in convertible currency, if the person visited does not provide the means of maintenance; (v) proof of accommodation conditions, in the form of a firm reservation at an accommodation unit, of an act of property or rental of a dwelling in Romania in the name of the applicant, if the person visited does not provide accommodation; d) business-visa is granted to foreigners, if they present: ........................................................................................ ((iii) invitation from a company or public authority to participate in meetings, conferences, trade fairs or congresses related to trade or industry, showing that the company or the authority That public will ensure the costs of removal, if the invited foreigner does not leave Romania until the date on which the right of stay established by the visa or other documents proving the purpose of the trip ceases; (iv) proof of the means of maintenance in the amount of 50 euro/day for the entire period, but not less than 500 euro or the equivalent in convertible currency; ". 23. in Article 35, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "3) The refusal to grant the short-stay visa cannot be challenged." 24. In Article 36, paragraph 1 shall read as follows: " (1) The granting of short-stay visas to foreigners from the states provided for in the list established by the Ministry of Foreign Affairs shall be made according to 27-29, in compliance with the special conditions of this section. ' 25. In Article 37 (1), the introductory part and letter a) shall read as follows: " (1) Foreigners in the category provided for in art. 36 36 para. ((1), holders of simple passports, may be granted a short stay visa with one or more trips, if they present to diplomatic missions and consular offices written invitation from a natural or legal person, showing that it will ensure the costs of removal, if the guest stranger does not leave Romania until the date on which the right of stay established by visa ceases, for the following purposes: a) visit-can make invitations to Romanian citizens or foreigners holding a valid residence permit, with the presentation, as the case may be, of the following documents: (i) identity card or passport, for Romanian citizens, residence permit, for foreigners, in original and in copy; (ii) proof of accommodation conditions; ((iii) proof of the possibilities to ensure the maintenance of the foreigner in the amount of at least 30 euro/day for the whole period for which he is invited; (iv) copy of the state border crossing document, belonging to the invited foreigner; (v) two photographs of the size 3 x 4 cm of the guest stranger; '. 26. Article 37 (1), (b)-(vi) and (c)-(vi) shall be repealed. 27. In Article 37, paragraphs 5, 6 and 8 shall read as follows: " (5) In the case of approval, a copy of the invitation will be presented to the person who invites, for the purpose of transmission to the invited foreigner for the original presentation to the diplomatic mission or to the consular office where he requests the granting of the Romanian visa (6) The Stranger may request the granting of the visa within 30 days from the approval of the invitation. ........................................................................................ ((8) The visas shall be granted with a right of residence of up to 90 days, depending on the period for which the foreigner is invited. " 28. In Article 38, paragraph 1 shall read as follows: " (1) The form, content and safety features of the invitation provided for by this section shall be established by the Ministry of Administration and Interior, with the opinion of the Ministry of Foreign Affairs. The Ministry of Administration and Interior will ensure, through the Foreign Authority, the making of forms. " 29. Article 39 shall be repealed. 30. Article 40 shall read as follows: "" ARTICLE 40 Exceptions to the invitation procedure (1) The National Visa Center may approve the granting of visas, with the prior opinion of the Foreign Authority, without fulfilling the conditions provided for in this section, for the following categories of foreigners: a) the minor foreigner whose parent is in possession of a residence permit in Romania, provided that it is valid for at least 90 days from the date of granting of the entry visa; b) the spouse and parents of the foreigner who are in possession of a residence permit in Romania, provided that it is valid for at least 90 days from the date of granting of the entry visa; c) the major foreigner whose parent is a Romanian citizen; d) the foreigner, parent of a Romanian citizen. (2) The National Visa Center may approve the granting of the visa, without the opinion of the Authority for foreigners and without fulfilling the conditions provided for in this section, for the following categories of foreigners: a) foreigners married to Romanian citizens; b) foreigners minor children of Romanian citizens; c) foreigners holding a valid residence permit in one of the Member States of the European Union, the European Economic Area or in the States Parties to the Schengen Agreement, without the validity of the visa exceeding the validity of the residence permit; d) foreigners holding a valid residence permit in states for whose citizens there is no obligation to enter the Member States of the European Union, the European Economic Area or the States Parties to the Schengen Agreement; e) foreigners who have applied in the document crossing the state border visas of the Member States of the European Union, the European Economic Area, the States Parties to the Schengen Agreement or the States for whose citizens there is no the obligation to enter these states. The Romanian visa cannot exceed the validity of this visa; f) foreigners who are to come to Romania for business purposes, at the request of the administrative authorities, as well as of the companies that assume, through a letter of guarantee addressed in original to the National Visa Center, the obligation to bear the expenses of material, medical and removal assistance; g) foreigners who are to come to Romania for a visit, at the request of diplomatic missions or foreign consular offices accredited in Romania; h) foreigners for whom the visa was requested, in writing, at the diplomatic missions or consular offices, from the central public authorities or foreign chambers; i) persons for whom the visa was requested at the National Visa Center from the following institutions in Romania: Presidential Administration, Parliament, Government and other central and local public authorities, Chamber of Commerce and Industry of Romania and of the Municipality of Bucharest, as well as the territorial and prefectures, which assume the obligation to bear the expenses on material, medical and removal assistance, through a letter of guarantee sent in original; j) TIR drivers; k) personalities from the Romanian diaspora and their descendants. " 31. In Article 43, paragraphs 1, 2 and 5 shall read as follows: " (1) This type of visa is granted, based on the opinion of the Romanian Agency for Foreign Investment, to foreigners who are shareholders or associates, with management or administration duties, of companies, Romanian legal entities. (2) The opinion of the Romanian Agency for Foreign Investment is granted to foreigners provided in par. (1), which meet the following conditions: a) the existence of a business plan that includes data on the nature, location, duration of the activity envisaged, the estimated needs of labor, as well as the projection of the financial activity during the depreciation of the investment; b) provide proof, through an account statement issued by a bank in Romania, on behalf of the individual foreign citizen, applicant of the opinion, that they have the funds necessary to carry out the activity, amounting to at least 100,000 euros, if are shareholders in a joint stock company, and EUR 70,000, if they are associated in a limited liability company; c) the investment that the company will make in the future, according to the business plan provided in lett. a), to assume capital or technology contributions in the minimum amount of 100,000 euros for a company on shares or 70,000 euros for a limited liability company; d) alternatively to the investment referred to in c) may be the creation of a minimum of 10 jobs for a limited liability company and a minimum of 15 places for a joint stock company. ........................................................................................ (5) The opinion of the Romanian Agency for Foreign Investment is valid for 6 months from the date of issue and aims to establish the technical and economic utility of the activity to be carried out by the foreigner. " 32. In Article 43, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: "" (2 ^ 1) In the case of companies with two or more associates or shareholders, who request the granting of the opinion, the conditions provided in par. (2) will have to be analysed for each applicant separately, the value of the investment that the company is to make or the number of jobs to be created by increasing accordingly, depending on the number of jobs. applicants for opinion. (2 ^ 2) Foreigners who have previously obtained an opinion from the Romanian Agency for Foreign Investment may request the release of another opinion only if they prove the objective impossibility of carrying out the previous business plan. " 33. in Article 44, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The long-stay visa for employment is not granted to foreigners who in the last 2 years had a right of residence for the conduct of commercial activities and did not comply with the business plan provided for in art. 43 43 para. ((2) lit. a). " 34. Article 45 shall read as follows: "" ARTICLE 45 Long-stay visa for studies (1) The long-stay visa for studies may be granted, upon request, to foreigners who request entry into the territory of Romania as a student or who participate in a student exchange program. (2) The student quality has foreigners accepted to study by a state or private educational institution, accredited according to the law, including for participation in doctoral courses. ((. The request shall be accompanied by the following documents: a) for students: (i) proof of acceptance to studies issued by the Ministry of Education and Research, showing that a form of education of the day will follow; (ii) proof of payment of the study fee for at least one year of studies; (iii) proof of the means of maintenance, in the amount of at least the net minimum wage per country monthly, for the entire period stated in the visa; ((iv) a criminal record certificate or other document of the same legal value; (v) medical insurance during the period of validity of the visa; (vi) the consent of the parents or guardian regarding the stay for studies on the territory of Romania, if the foreigner is a minor; b) in the case of foreigners participating in a student exchange program: (i) proof of acceptance to studies issued by the Ministry of Education and Research, showing that a form of education of the day will follow; (ii) proof of participation in a program of exchange of students, carried out by an organization established under the law and recognized for this purpose; (iii) evidence from the organisation which carries out the exchange of pupils, showing that it will provide the means of maintenance and possible removal costs; (iv) medical insurance during the period of validity of the visa; (v) proof of accommodation in a family selected by the organization that carries out the exchange of students and who owns a living space considered normal for a family in Romania; (vi) the consent of the parents or guardian regarding the stay for studies on the territory of Romania, if the foreigner is a minor. (4) Foreigners participating in a student exchange program must be of age, as a rule, between 7 and 19 years of age. (5) The foreign scholars of the Romanian state, as well as those of Romanian origin, are not obliged to present the documents provided in par. ((3) lit. a) section ((iii). (6) The visa provided in par. (1) shall be granted to foreigners accepted to study on the basis of international documents to which Romania is a party. " 35. Article 46 shall read as follows: "" ARTICLE 46 Long-stay visa for family reunification (1) The sponsor holder of a temporary residence permit valid for one year, of a permanent residence permit or beneficiary of refugee status or of subsidiary protection may request family reunification for: a) sot/sotie; b) unmarried minor children of the sponsor or spouse, including those adopted and who are in the effective maintenance of the sponsor or spouse. (2) The foreign authority may approve, if the conditions provided by law, family reunification and for the following categories are met: a) the first-degree relatives of the sponsor or of the spouse, if they cannot support themselves and do not enjoy adequate family support in their country of origin; b) unmarried adult children of the sponsor or spouse, if they cannot support themselves for medical reasons. (3) Unaccompanied minors, beneficiaries of refugee status or subsidiary protection, may request family reunification for: a) First-degree relatives in ascending line or legal guardian; or b) where they do not exist or cannot be identified, any relative of the latter. (4) Foreigners referred to in par. (1), holders of a right of residence for study purposes, may request family reunification for spouse and unmarried minor children, provided that the date of conclusion of the marriage is prior to obtaining the right of residence. (5) Foreigners beneficiaries of refugee status or subsidiary protection may request family reunification for the spouse only if the date on which the marriage was concluded is prior to obtaining one of these forms of protection. (6) The application-type shall be submitted to the territorial formation of the Authority for foreigners whose radius the applicant legally resides and will be accompanied by the following documents: a) the marriage certificate or, as the case may be, proof of kinship; b) the applicant's declaration, in authentic form, showing that the family members will live with him; c) copy of the document certifying the right of residence on the territory d) proof of legal possession of the living space; e) proof of means of maintenance; f) medical insurance of the applicant. ((7) If there are doubts about the kinship, the Foreign Authority may request further evidence for its determination. (. The application shall be approved if the following conditions are met: a) there is no state of bigamy or polygamy; b) the applicant has a living space considered normal for a similar family in Romania; c) the applicant possesses means of maintenance, in addition to those necessary for his own maintenance according to the law, in the amount corresponding to the minimum net salary on economy for each family member. (9) For beneficiaries of refugee status or subsidiary protection, who request family reunification, it is not mandatory to present the documents provided in par. ((6) lit. d)-f) nor the fulfilment of the conditions provided in par. ((8) lit. b) and c). (10) The application will be settled within a maximum of 3 months from the date of submission. ((11) The approval of the application will be communicated in writing to the applicant, in order to transmit it to the interested family members, who present it to the diplomatic mission or to the consular office with the request for granting the Romanian visa. (12) In the case of rejection of the application, the reasons shall be communicated to the foreigner (13) The visa shall be issued by the diplomatic missions or consular offices of Romania in the country where the family members have their residence or domicile. (14) The visa application must be accompanied by the following documents: a) communication of the Authority for foreigners, provided in par. ((11); b) proof of medical insurance during the validity of the visa; c) the criminal record certificate or other document with the same legal value, issued by the authorities of the country of domicile or residence of the foreigner. (15) May require a visa for family reunification and the following categories of persons: a) foreigners married to Romanian citizens; b) unmarried foreigners who live with unmarried Romanian citizens, if they have at least one child together, hereinafter referred to as partners; c) the children of the Romanian citizen, of the spouse or of the partner, including those adopted, who have not reached the age of 21 or who are in the maintenance of the Romanian citizen, their spouse or partner; d) First-degree relatives in ascending line of the Romanian citizen or his/her spouse. (16) The visa application submitted by the persons referred to in par. (15) will be accompanied by the marriage certificate or, as the case may be, proof of the existence of the kinship or the quality of partner. (17) Adoption must be ordered by a decision of a competent Romanian authority, under the law, or by a decision of an authority of another state, which produces legal effects on the territory of Romania. ((18) The granting of the long-stay visa for family reunification may be refused when the request is based on a marriage of convenience previously established, under the conditions of this emergency ordinance. " 36. In Article 48 (1), letter b ^ 1) shall read as follows: "" b ^ 1) to those appointed as administrators of a company, if they prove that they cumulatively meet the following conditions: ((i) have the status of administrator; (ii) at the time of the request are not associates or shareholders in the company in question or in another Romanian legal person and have not had these qualities in the last 2 years; (iii) in the company concerned there is no longer another foreigner who has obtained a right of residence for that purpose; (iv) the company concerned has made a capital contribution of at least EUR 50,000, which has materialized in the realization or acquisition of construction intended for the activities provided for in the Classification of activities in national economy-CAEN or technology transfer; '. 37. In Article 48 (1), after letter b ^ 1) two new letters, letters b ^ 2) and b ^ 3) are inserted, with the following contents: " b ^ 2) to those who request entry into the territory of Romania for the purpose of unremunerated vocational training within a public or private sector or within an accredited training provider, if they prove that cumulatively meet the following conditions: ((i) have entered into a training contract for non-remunerated participation in a form of training in a public or private sector or in an accredited training provider; ((ii) have means of maintenance in the amount of at least the average net salary per monthly economy for the entire period covered by the visa; (iii) have the consent of the parents or guardian regarding the stay on the territory of Romania for this purpose, if the foreigner is a minor; b ^ 3) to those who carry out activities in voluntary programs, if they prove that they cumulatively meet the following conditions: ((i) have entered into a voluntary contract with a legal person governed by public or private non-profit law, hereinafter referred to as the host organisation, in which reference is made to the activity to which it is to be carry out, the conditions under which they are supervised in the performance of their duties as well as working hours; (ii) the host organization provides accommodation, means of maintenance and medical insurance for the entire period of validity of the visa, as well as possible removal costs; ((iii) are more than 14 years of age, including; (iv) have the consent of the parents or guardian regarding the stay on the territory of Romania for this purpose, if the foreigner is a minor. " 38. Article 49 shall be repealed. 39. In Article 50 (2), points a) and f) shall read as follows: " a) the conditions regarding the entry into Romania, provided for in art. 6 6 para. ((1) lit. c), e), e ^ 1), e ^ 2) and f); ........................................................................................ f) provides proof of the legal possession of the living space at the address to which it declares that it has a residence on the territory of Romania, except for the family member of the Romanian citizen for which a statement of the Romanian citizen is sufficient, through which he assume the responsibility of ensuring the living space of the stranger; ". 40. In Article 51, paragraphs 1, 2 and 5 shall read as follows: " (1) Applications for the extension of the right of temporary residence shall be submitted personally by the applicants, at least 30 days before the expiry of the term for which their stay was approved, to the territorial formations of the Foreign Authority. at the place of residence. (2) The application will be accompanied by the state border crossing document, in original and in copy, by the medical certificate issued by a public or private health institution, showing that it does not suffer from diseases that may endanger health public, proof of the legal possession of the living space at the address to which it declares that it has residence on the territory of Romania, proof of social health insurance and means of maintenance, as well as of the other acts provided for in the present chapter, depending on the purpose for which the approval of the stay in Romania requests ........................................................................................ (5) If necessary, the applicant may be called to the interview. " 41. In Article 52, paragraph 2 shall read as follows: " (2) The decision to refuse to extend the right of residence, as well as the reasons for it, shall be communicated to the applicant by the return decision provided for in art. 80 80. " 42. Article 55 shall read as follows: "" ARTICLE 55 Extension of the right of residence for commercial activities (1) The stranger entered in Romania for the purpose of carrying out commercial activities may extend the right of temporary stay, under the following conditions: a) has the opinion of the Romanian Agency for Foreign Investment; b) legally owns the space for registered office; c) is a shareholder or associate of the company, with management or administration tasks; d) has means of maintenance in the amount of at least 700 euros monthly, if it is a shareholder, and 500 euros monthly, if it is associated. (2) Further extensions of the right of temporary residence may be granted if the foreigner meets the following conditions: a) the activity of the company is carried out according to the business plan; b) the object of the activity carried out is the initial or a continuation or a result thereof; c) legally owns the space for registered office; d) is a shareholder or associate of the company, with management or administration duties; e) the investment is materialized either in capital contribution amounting to 70,000 euros, in the case of the shareholder, or 50,000 euros, in the case of the associate, or, alternatively, in the creation of at least 15 jobs, in the case of the shareholder, and 10, in the case of the associate. In the case of job creation, they must be framed with persons employed full-time, under the law; f) has means of maintenance in the amount of at least 700 euros monthly, if it is a shareholder, and 500 euros monthly, if it is associated, obtained from the activity carried out on the territory of Romania. ((. The proof of fulfilment of the conditions provided for in this Article shall be made with the following a) the business plan endorsed by the Romanian Agency for Foreign Investment; b) the documents certifying that the activity is carried out in accordance with the business plan; c) the ascertaining certificate, showing the quality of the applicant, the name, registered office and main activity of the company, the claims made at the notice of the courts, the duration of operation of the the company; d) the entries of mentions provided by law, corresponding to the changes in the articles of association of the company; e) the certificate comprising the main economic and financial indicators, issued by the territorial competent financial administration, comprising, according to the annual balance sheet, data on total fixed assets, turnover, net profit or losses; f) certificate issued by the territorial labour inspectorate, showing the number of employed persons or employment contracts registered at this institution. (4) In the case of investments of at least 100,000 euros or if at least 25 jobs have been created, proof of means of maintenance can be done with other legal documents. For investments of at least 200,000 euros or if at least 50 jobs have been created, proof of means of maintenance is not required. (5) The right of temporary residence for this purpose shall be extended successively for periods of one year, and in the case of foreigners who prove that they have made investments of at least 500,000 euros or have created more than 50 full-time jobs, the right of stay is extended for periods of 3 years. The amount of the investment and the number of jobs shall be calculated according to the share of the associate or the shareholder in the company. " 43. In Article 56 (1), letter b) shall read as follows: " b) present the individual employment contract concerned by the territorial labour inspectorate in whose radius the employer or a civil convention concluded with a sports structure is based, under the law, if the foreigners carry out activities in professional sports quality; ". 44. Article 58 shall read as follows: "" ARTICLE 58 Extension of the temporary residence right for studies (1) Aliens entering Romania for studies may request the extension of the right of residence, as follows: a) in the case of students or students, for successive periods of up to one year, if: ((i) are enrolled in studies at a state or private educational institution, accredited according to the law, the form of day education, including for participation in doctoral courses; ((ii) prove that they have paid their tuition; ((iii) provide proof of the means of maintenance, in the amount of at least the net minimum wage, during the period of validity of the residence permit; b) in the case of foreigners participating in a student exchange program, for a period not exceeding one year, if: ((i) are enrolled at a state or private educational establishment accredited according to the law, the form of day education; (ii) participate in a program of exchange of students, carried out by an organization established under the law and recognized for this purpose; ((iii) if the organisation carrying out the exchange of pupils takes responsibility for the provision of accommodation, means of maintenance and possible removal costs. (2) Aliens of Romanian origin may extend their right of temporary residence for studies, without fulfilling the condition provided in par. ((1) lit. a) section ((iii). ((3) The right of temporary residence for studies may be extended no later than 90 days after the completion of studies, in order to finalize the school or university situation and to approve the study documents. " 45. In Article 61, paragraph 2 shall read as follows: "(2) The residence permits for this category of foreigners shall be granted for a period equal to the total duration of the studies and with exemption from the payment of consular fees." 46. Article 62 shall read as follows: "" ARTICLE 62 Extension of the right of temporary residence for family reunification (1) Foreigners enter Romania in accordance with the provisions of art. 46, except for the persons referred to in art. 46 46 para. ((15), the right of residence may be extended, as follows: a) for the sponsor's spouse, if: ((i) present documents showing the existence of the marriage; ((ii) there is no state of bigamy or polygamy; (iii) the spouses live together; ((iv) provide proof of the means of maintenance at least at the level of the net minimum wage; b) for the other family members of the sponsor, if: ((i) present documents showing the existence of the kinship; ((ii) live together with the sponsor, in the case of minors; (iii) provide proof of maintenance at least at the level of the net minimum wage. (2) For family members of beneficiaries of refugee status or subsidiary protection who request the extension of the right of temporary residence for family reunification it is not mandatory to meet the conditions provided in par. ((1) lit. a) section ((iv), respectively in par. ((1) lit. b) section ((iii). (3) Aliens family members of a Romanian citizen may extend their right of residence, if the Romanian citizen is domiciled in Romania, as follows: a) for foreigners married to Romanian citizens, if: ((i) present the marriage certificate, under the conditions provided by law; ((ii) there is no state of bigamy or polygamy; b) for partners, if: ((i) present the child's birth certificate; (ii) both the foreigner and the Romanian citizen prove that they are unmarried; (iii) provide proof of coexistence with the Romanian citizen; c) for the children of the Romanian citizen, of the spouse or of the partner, including those adopted, who have not reached the age of 21 or who are in the maintenance of the Romanian citizen, their spouse or partner, if: ((i) present documents showing the existence of the kinship; (ii) live together with the Romanian citizen; d) for first-degree relatives in ascending line of the Romanian citizen or his/her spouse, if they present documents showing the existence of the kinship. (4) In case of finding the existence of a state of bigamy or polygamy, the applicant shall be denied the extension of the right of residence. (5) The right of temporary residence is extended individually, for each family member for the same period for which he was granted the right of residence to the sponsor. The spouse and family members of a Romanian citizen or of the sponsor holder of a permanent right of residence may extend their right of temporary stay for periods of up to 5 years. (6) Extension of the right of temporary residence for foreigners referred to in par. ((3) shall be effected with exemption from the payment of consular fees. " 47. Article 63 shall be repealed. 48. Article 64 shall read as follows: "" ARTICLE 64 Marriage of convenience (1) The foreign authority refuses to extend the right of residence obtained on the basis of marriage if, following the checks carried out, it follows that the marriage is of convenience. (2) The elements on the basis of which it can be found that a marriage is of convenience may be the following: a) matrimonial cohabitation does not exist; b) the spouses did not meet before the marriage; c) lack of effective contribution to the fulfilment of obligations arising from marriage; d) spouses do not speak a language understood by both; e) there are data that previously one of the spouses ended a marriage of convenience; f) spouses are inconsistent in the declaration of personal data, the circumstances in which they have known or other relevant information about them; g) the conclusion of the marriage was conditional on the payment of an amount of money between the spouses, except for the amounts received as an endowment. (3) The finding of the elements provided in par. (2) is carried out by the interview officer. These elements may result from: a) the data obtained from the interview; b) documents; c) the statements of those concerned or of third parties; d) checks at the marital home or other additional checks. " 49. In Article 65, paragraphs 1 and 4 shall read as follows: " (1) The stranger, holder of a right of residence for family reunification, may be extended the right of temporary residence independently in the following cases: a) for family members of the sponsor, if: ((i) become major; (ii) the sponsor has died; (iii) the dissolution of the marriage was pronounced; b) for the family members of the Romanian citizen, if: ((i) turn 21; (ii) the Romanian citizen died; (iii) the dissolution of the marriage was pronounced. ........................................................................................ (4) The subsequent extensions of the right of residence shall be granted under the conditions and for the purposes provided for in this emergency ordinance, without the need to leave the territory of Romania. " 50. In Article 67, paragraphs 2 and 3 shall read as follows: " (2) The stranger who requests the extension of the right of residence for humanitarian or religious activities must not prove the means of maintenance. ((. The right of residence for that purpose shall be extended for a period equal to the duration of the opinion. " 51. In Article 68 (1), points a), b ^ 1) and c) shall read as follows: " a) foreigners posted-with the presentation of a work permit issued under the law. The right of residence for this purpose may be extended for the entire period of validity of the work permit, for subsequent extensions being applicable the legal provisions on the extension of the right of residence of foreigners employed in work; ........................................................................................ b ^ 1) foreigners designated as administrators of a company, with the cumulative fulfilment of the following conditions: ((i) demonstrate the quality of the administrator; (ii) prove that, at the time of the request, they are not associates or shareholders in the company concerned or in another Romanian legal person and that they have not had these qualities in the last 2 years; ((iii) in the trading company in question there is no other foreigner who has obtained a right of residence for that purpose; ((iv) provide proof that the company concerned has made a capital contribution of at least EUR 50,000, which has resulted in the realization or acquisition of construction intended for the activities provided for in the Classification activities in the national economy-CAEN or in technology transfer; c) foreigners who carry out other activities that do not contravene the Romanian laws-with the opinion of the competent authorities, when necessary, or if they present documents to justify the need for stay in Romania; ". 52. In Article 68 (1), after letter b ^ 1) two new letters, letters b ^ 2) and b ^ 3) are inserted, with the following contents: " b ^ 2) foreigners who entered the territory of Romania for the purpose of unremunerated vocational training within a public or private sector or within an accredited training provider-with the presentation of the contract of training for non-remunerated participation in a form of professional training; b ^ 3) foreigners who carry out activities in voluntary programs-with the presentation of the voluntary contract concluded with the host organization, in which mention is made of the activity to be carried out, the conditions under which they are supervised in the performance of their duties as well as working hours; '. 53. In Article 68, paragraph 3 shall read as follows: " (3) Upon granting or extending the right of temporary residence, the foreigners referred to in par. ((1) lit. a), b), b ^ 2), b ^ 3) and c) must provide proof of means of maintenance, at least at the level of the average net salary on the economy, those provided in par. ((1) lit. b ^ 1), in the amount of at least 500 euros monthly from the activity carried out as administrator. " 54. In Article 68, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The right of residence for foreigners referred to in par. ((1) lit. b ^ 2) and b ^ 3) shall be granted for a maximum period of one year without the possibility of extension. In exceptional cases, for foreigners referred to in par. ((1) lit. b ^ 2) the right of residence may be extended only once for a period of up to 6 months, in order to acquire a qualification in the profession in which they have prepared. " 55. The title of Section 2 of Chapter IV shall read as follows: "" SECTION 2 Granting the right of permanent residence " 56. Article 69 shall read as follows: "" ARTICLE 69 Right of permanent residence (1) The right of permanent residence shall be granted, upon request, under the conditions of this emergency ordinance, for an indefinite period, to foreigners holding a right of residence. (. The right of permanent residence shall not be granted to the following categories of foreigners: a) holders of the right of temporary residence for studies; b) asylum seekers; c) beneficiaries of temporary humanitarian protection or temporary protection; d) holders of the right of residence conferred by the diplomatic or service visa. (. The right of permanent residence shall cease in the following situations: a) in the event of cancellation or revocation; b) in case of obtaining a right of permanent residence on the territory of another state; c) in case of absence from the territory of the Romanian state for a period of more than 12 consecutive months, unless, during this period, the foreigner has benefited from a right of temporary residence in a Member State of the European Union; d) in case of absence from the territory of the Romanian state for a period of more than 6 consecutive years, even if during this period he benefited from a right of temporary residence in a Member State of the European Union. (4) If, upon termination of the right of permanent residence, the foreigner is found on the territory of Romania, and his presence does not constitute a threat to public order or national security, he/she may request the release of a temporary residence permit for the purposes and under the conditions provided for in this emergency ordinance. (5) The stranger whose right of permanent residence has ceased under the conditions of par. ((3) lit. b) or c) may be granted a new right of permanent residence, under the conditions of this emergency ordinance, after a legal and continuous stay on the territory of Romania for 12 months. " 57. Article 70 shall read as follows: "" ARTICLE 70 Conditions for granting the right of permanent residence (1) The right of permanent residence shall be granted to foreigners referred to in art. 69 69 para. (1), if they cumulatively meet the following conditions: a) have had a continuous and legal stay on the territory of Romania in the last 5 years prior to the submission of the application (i) the stay will be considered continuous when the period of absence on the territory of Romania is less than 6 consecutive months and does not exceed a total of 10 months; (ii) the stay will be considered legal when no removal measure from the national territory has been ordered against the foreigner; ((iii) in determining the period of continuous and legal residence, half of the period of stay for study purposes shall be taken into account; ((iv) in determining the period of continuous and legal residence, the stay conferred by the diplomatic or service visa and the stay obtained for carrying out activities as a seasonal worker shall not be taken into account; b) provide proof of holding the means of maintenance at the level of the net minimum wage, except for foreigners family members of Romanian citizens; c) provide proof of social health insurance; d) provide proof of legal possession of the living space, except for foreigners family members of Romanian citizens; e) know the Romanian language at least at a satisfactory level; f) presents no danger to public order and national security. (2) Aliens of Romanian origin or born in Romania, as well as those whose stay is in the interest of the Romanian state may be granted the right of permanent residence without fulfilling the conditions provided in par. ((1) lit. a)-e). (3) Minors whose parents are holders of a permanent right of residence may be granted the same status without fulfilling the conditions provided in par. ((1). If only one of the parents is the holder of a right of permanent residence, the consent of the other parent, in authentic form, is required. (4) Foreigners who prove that they have made investments of at least 1,000,000 euros or have created over 100 full-time jobs can be granted the right of permanent residence without fulfilling the conditions provided in par. ((1) lit. a) and b). " 58. Article 71 shall read as follows: "" ARTICLE 71 Request for permanent residence (1) Foreigners referred to in art. 69 69 para. ((1) must submit personally to the territorial formations of the Authority for foreigners an application-type accompanied by the following documents: a) the state border crossing document; b) supporting documents regarding the legal possession of the living space; c) supporting documents on the means of maintenance; d) proof of health insurance; e) certificate of criminal record, issued by the Romanian authorities. ((2) On the occasion of the application, the applicants shall submit an interview to establish the level of knowledge of the Romanian language. " 59. Article 72 shall read as follows: "" ARTICLE 72 Approval of permanent residence right (1) The right of permanent residence shall be approved by the head of the Foreign Authority. ((2) Applications shall be considered by a specially constituted committee, by the head of the Foreign Authority, a committee which makes reasoned proposals for each individual case. ((3) The deadline for settling applications shall be no more than 6 months from the date of registration. For objective reasons, the head of the Foreign Authority may extend this term for another 3 months, with the notification of the applicant. ((. The approval shall be communicated in writing to the applicant within 15 working days of the application. (5) Within 30 days from the receipt of the communication, the foreigner who has been approved the right of permanent residence in Romania is obliged to present himself to the territorial formation of the Foreign Authority where the application was registered, in order to issue of permanent residence permit. (6) The granting of the right of permanent residence for foreigners family members of Romanian citizens shall be made with exemption from the payment of consular fees. " 60. Article 73 shall read as follows: "" ARTICLE 73 Refusal to grant permanent residence (1) If it is found that the conditions provided for in this section are not met, the commission constituted according to art. 72 72 para. (2) proposes to the head of the Foreign Authority the refusal to grant permanent residence. (2) The refusal, as well as the reasons behind it, shall be communicated, in writing, to the applicant, within 15 working days of the settlement of the application. (3) The refusal to grant the right of permanent residence can be appealed within 30 days from the date of communication, at the Bucharest Court of Appeal. (4) The refusal to grant the right of permanent residence does not produce legal effects on the right of residence of the holder of the application. 61. Article 74 shall read as follows: "" ARTICLE 74 Equal treatment Holders of a right of permanent residence benefit, under the law, of equal treatment with Romanian citizens in terms of: a) access to the labour market, including employment and employment conditions, economic activities independently and professional activities, with the proper application of the provisions Law no. 300/2004 concerning the authorisation of natural persons and family associations which carry out economic activities independently, as amended and supplemented, provided that the work carried out does not entail, even occasionally, exercising the powers of the public authority; b) access to all forms and levels of education and training, including the grant of study grants; c) equivalence of studies and recognition of diplomas, certificates, certificates of competence and professional qualifications, in accordance with the regulations in force; d) Social security, assistance and social protection; e) public health assistance; f) tax deductions on global income and tax exemptions; g) access to public goods and services, including obtaining housing; h) freedom of association, affiliation and membership of a trade union or professional organization. " 62. After Article 74 a new article is inserted, Article 74 ^ 1, with the following contents: "" ARTICLE 74 ^ 1 Establishing the residence of foreigners in Romania Foreigners holders of a right of permanent residence have the right to establish or change their domicile on the territory of Romania under the same conditions as Romanian citizens. " 63. Article 75 shall read as follows: "" ARTICLE 75 Cases of cancellation and revocation (1) The foreign authority shall cancel, by reasoned decision, the right of permanent or temporary residence in Romania, if it is subsequently found that: a) on the date of granting of the right of permanent residence or extension of the right of temporary stay the foreigner did not meet the conditions provided by law in this regard; b) the right of permanent residence or extension of the right of temporary residence has been obtained/obtained through the use of false information, false documents or falsified or other illegal means; c) the right of residence was obtained on the basis of a marriage of convenience, found under the conditions of art. 64 64; d) the foreigner was previously removed from the territory of Romania and re-entered, under another identity, during the period of prohibition. (2) The foreign authority shall revoke, by reasoned decision, the right of permanent residence when it is found that the permanent resident constitutes a threat to public order, as a result of the crimes committed on the territory of Romania. (. The foreign authority shall revoke, by reasoned decision, the right of temporary residence when: a) following the checks carried out by the Foreign Authority or the complaints received from other competent authorities, according to the law, it is found that the foreigner no longer meets the conditions on the basis of which his right of residence was extended or not shall respect the purpose for which this right has been granted; b) it is found that the foreigner violated the regulations on the state border or those related to the employment of foreigners; c) it is found that the foreigner suffers from a disease that endangers public health and does not comply with the medical treatment measures established by the competent authorities. " 64. Article 76 shall read as follows: "" ARTICLE 76 Communication of cancellation or revocation decision The decision to cancel or revoke the right of residence shall be communicated: a) by the Foreign Authority, the foreigner who is on the territory of Romania, by the return decision provided for in art. 80 80; b) by the Romanian Border Police, the foreigner who presents himself at the border in order to enter Romania, through the communication of non-permitting of entry. " 65. Article 79 shall read as follows: "" ARTICLE 79 Removal of foreigners from the Romanian territory (1) Against foreigners whose stay on the territory of Romania became illegal, whose right of residence was annulled or revoked, as well as against those who were refused the extension of the right of temporary residence can order the return measure from the territory of Romania. (2) In the case of foreigners declared undesirable, as well as against those for whom the court ordered the measure of safety of expulsion, the removal from the territory of Romania is made by implementing the provisions of the court's decision by which that measure was ordered. " 66. Article 80 shall read as follows: "" ARTICLE 80 Decision to return foreigners from the territory of Romania (1) The return decision constitutes the administrative act of the Authority for foreigners or its territorial formations, whereby the foreigners referred to in art. 79 79 para. (1) are obliged to leave the territory of Romania. (2) The return decision shall be drawn up in two copies, each in Romanian and in an international language. (3) The return decision enables the foreigner to leave the country unaccompanied, as follows: a) within 15 days, for: (i) the foreigner whose stay has become illegal; (ii) the foreigner whose visa has been cancelled or revoked; (iii) former asylum seekers for whom the asylum procedure has been completed; b) within 30 days, for the foreigner to whom the right of temporary stay has been cancelled or revoked or has been refused the extension of this right; c) within 90 days, for: (i) the foreigner who has been cancelled or revoked the right of temporary residence for the conduct of commercial activities or has been refused the extension of this right, if he/she must liquidate the investment; (ii) the stranger to whom the right of permanent residence has ceased. (4) The terms provided in par. (3) flow from the date on which the return decision was brought to the attention of the foreigner, under the conditions of this emergency ordinance. (5) The return decision may be accompanied, under the law, by taking into public custody, in the case of foreigners who have crossed the state border illegally, as well as in situations where foreigners do not possess a valid travel document or have no the possibility to pay for their transport expenses. " 67. Article 81 shall read as follows: "" ARTICLE 81 Communication of the return decision (1) The communication of the return decision shall be made by the Authority for foreigners or by its territorial formations by remission of a copy thereof. (2) Remission can be made by handing over the copy, under signature, when the foreigner is present, or by sending by post, with acknowledgement of receipt, to the address to which the foreigner said he lives, when the foreigner is not present. ((3) If the remission is not possible, the communication of the return decision shall be made by displaying a copy of it at the premises of the Authority for foreigners or its territorial formations. (4) It is presumed that the remission is not possible in the following situations: a) the foreigner refuses to receive the copy handed or sent by post; b) the foreigner no longer lives at the declared address; c) the stranger has not made known the address to which he lives. " 68. Article 82 shall read as follows: "" ARTICLE 82 Challenge of return decision (1) The return decision may be challenged within 10 days from the date of communication to the Bucharest Court of Appeal, if it was issued by the Foreign Authority, or at the court of appeal in whose jurisdiction the the territorial party that issued the return decision. The court shall settle the application within 30 days from the date of its receipt. The court ruling is irrevocable. (2) In the case of foreigners referred to in art. 80 80 para. ((5), the return decision can be challenged at the court of appeal territorial competence on whose radius the accommodation center is located, within 3 days from the date of communication. The court rules within 5 days, the ruling being irrevocable. (3) The appeal provided in par. ((1) suspend the execution of the return decision. ((4) The contesting of the return decision made by foreigners taken into public custody shall not suspend the measure of taking into public custody. " 69. Article 83 shall read as follows: "" ARTICLE 83 Declaration as undesirable (1) The declaration that undesirable is a measure that is ordered against a foreigner who has carried out, carries out or there are thorough indications that he intends to carry out activities likely to endanger national security or public order. (2) The measure provided in par. (1) is ordered by the Bucharest Court of Appeal, upon the complaint of the prosecutor appointed from the Prosecutor's Office of the Bucharest Court of Appeal. The prosecutor notifies the court, at the proposal of the institutions with competence in the field of public order and national security that hold data or thorough indications, in the sense of those provided in par. ((1). (3) The data and information on the basis of which it is proposed to declare as undesirable for national security reasons shall be made available to the court, under the conditions established by the normative acts governing the regime of activities concerning national security and the protection of classified information. (4) The complaint referred to in par. (2) is judged in the council chamber, with the citation of the parties. The court brings to the attention of the stranger the facts underlying the complaint, in compliance with the provisions of the normative acts governing the regime of activities related to national security and the protection of classified information. (5) The Bucharest Court of Appeal shall rule, by reasoned decision, within 10 days of the complaint made under the conditions of par. ((2). The court ruling is final. When the declaration of the foreigner as undesirable is based on national security reasons, the content of the judgment shall not specify the data and information underlying its reasoning. (6) The decision shall be communicated to the foreigner, as well as, if the court orders the declaration as undesirable, to the Foreign Authority, to be executed. (7) The right of residence of the foreigner shall cease from the date of delivery of the judgment by which he was declared undesirable. (8) The execution of the decision by which the foreigner was declared undesirable is carried out by escorting the foreigner to the border or to the country of origin, by the specialized staff of the Authority for foreigners. (9) The period for which a foreigner may be declared undesirable is from 5 to 15 years, with the possibility of extending the term for a new period between these limits, if they are found not to have ceased the reasons that determined taking this action. The extension of the term is made under the conditions provided in ((2). (10) Persons declared undesirable shall be communicated by the Foreign Authority to the Directorate-General for Consular Affairs. " 70. Article 84 shall be repealed. 71. Article 85 shall read as follows: "" ARTICLE 85 Appeal against the decision provided in art. 83 83 para. ((5) (1) The decision provided in art. 83 83 para. (5) may be appealed, within 10 days from the date of communication, to the High Court of Cassation and Justice. The court shall rule within 5 days from the date of receipt of the application. (2) Exercise of the remedy provided in par. (1) has no suspensive effect of executing the judgment by which the foreigner was declared undesirable. In duly justified cases and in order to prevent the occurrence of imminent damage, the foreigner may ask the court to order the suspension of the execution of the judgment by which he was declared undesirable, until the appeal is resolved. The court will settle the request for an emergency suspension, the ruling in this case being enforceable by law. " 72. The title of Section 3 of Chapter V shall read as follows: " SECTION 3 Removal under escort of foreigners " 73. Article 86 shall read as follows: "" ARTICLE 86 Removal under escort of foreigners (1) The removal under escort shall be carried out, under the conditions of this emergency ordinance, by the specialized staff of the Foreign Authority, for the following categories of foreigners: a) who have not voluntarily left the territory of Romania at the expiry of the deadline for the return decision provided 80 80 para. ((3); b) who crossed the state border illegally; c) which have been declared undesirable; d) against which expulsion was ordered. ((2) The removal under escort may also be carried out in the case of foreigners who have physical or mental disabilities or constitute a danger to public health. " 74. Article 86 ^ 1 shall be repealed. 75. Article 87 shall read as follows: "" ARTICLE 87 Removal procedure under escort (1) The removal under escort involves the accompanying of the foreigner by the specialized staff of the Authority for foreigners to the border or to the country of origin, transit or destination. (2) If foreigners possess a valid state border crossing document, financial means and it is not necessary to carry out other formalities, removal under escort will be carried out within 24 hours. (3) Foreigners who do not possess state border crossing documents will be presented to diplomatic missions or consular offices accredited in Romania of states whose citizens are, for the issuance of documents. (4) The procedures applicable in case of non-cooperation of diplomatic representations in connection with the issuance of travel documents for the removal of foreigners from the territory of the Romanian state shall be established by joint order of the Minister of Affairs Foreign and Minister of Administration and Interior. (5) For foreigners from states who do not have diplomatic missions or consular offices in Romania will be requested state border crossing documents from the country of origin, through the General Directorate of Consular Affairs of the Ministry Foreign Affairs. (6) If the state border crossing document cannot be obtained under the conditions provided in par. (5), the Foreign Authority may issue a travel title, according to the law. (7) When there are strong indications that removal under escort cannot be carried out within 24 hours, the foreigner will be taken into public custody. " 76. Article 88 shall read as follows: "" ARTICLE 88 Removal under escort under readmission agreements (1) Foreigners referred to in art. 86 may be removed under escort and on the basis of readmission agreements concluded by Romania with other states, under the conditions laid down therein. ((2) At the request of one of the states that have concluded readmission agreements with Romania, it may be possible to transit through the territory of Romania by the foreigner who is the subject of a readmission procedure to a third country, provided the escorting and the the presentation of guarantees that he can continue his journey and enter the state of destination. " 77. Article 88 ^ 1 shall read as follows: " ARTICLE 88 ^ 1 Assistance measures between Member States of the European Union in case of removal of foreigners by air (1) If removal is not possible by using direct flights to the country of destination, the Foreign Authority may require other states to transit through the airport. (2) In order to achieve the removal of the alien by air, the Foreign Authority shall order the escorting of foreigners to the country of transit or destination in the following cases: a) the country of transit or destination shall require that the foreigner be escorted; b) it is necessary to provide medical assistance to the foreigner during the realization of removal measures; c) the foreigner must be supervised in order to prevent the commission of acts of a criminal nature during the realization of the removal measures; d) there are strong indications that the foreigner will not comply with the removal measure or that he intends to remain in the transit country; e) the Romanian authorities with attributions in the field of public order and national security request that the foreigner be escorted. (3) During the implementation of the removal measures, the escorts shall not be armed and shall bear the civil attire. They are obliged to comply with the law of the transit state, to use force only in case of self-defense or for the purpose of preventing the foreigner from fleeing, causing injury, to harm the bodily integrity of others or to produce material damage when the representatives of the transit state are not present or it is necessary to provide support to them. (4) The foreign authority shall take the necessary steps for the return to the country of foreigners if, during removal by air, one of the following situations has occurred: a) the airport transit authorization has been refused or revoked; b) the foreigner entered the territory of the requested state during transit; c) the removal of the foreigner to another country of transit or to the country of destination or embarkation on the connecting flight has not been carried out; d) airport transit is no longer possible. (5) The General Inspectorate of the Border Police may approve requests for transit for foreigners subject to removal measures, addressed by the competent authorities of the Member States of the European Union. (6) The transit request provided in par. ((5) may be refused if: a) the foreigner is accused or indicted in a criminal case or has to execute a custodial sentence, as a result of the commission of a crime on the territory of Romania; b) transit to other states or entry into the country of destination is not permitted; c) during transit it is necessary to transport to another airport located on the territory of Romania; d) the foreigner represents a threat to national security, public order and public health or international relations of the Romanian state; e) the requested assistance is impossible at that time for objective reasons; in this case, the General Inspectorate of the Border Police informs, as soon as possible, the requesting authorities on a date as close as possible to the initially requested, in which transit assistance may be granted. (7) If, after the approval of the transit, the situations referred to in par. (6), the authorisations already issued may be revoked, with the information of the requesting authorities on the reasons for the revocation. (. The transit request shall be submitted in writing no later than two days before the transit. This term can be shortened in urgent and justified cases. (9) The form and content of the transit request shall be established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. (10) The decision will be communicated to the requesting Member State within two days. The time limit may be extended, in justified cases, by a maximum of 48 hours. (11) The General Inspectorate of the Border Police establishes contact points in all important transit areas. (12) The transit operation shall not exceed 24 hours. Where, for objective reasons, additional assistance measures are required for the continuation of the transit operation, this period may be extended by a maximum of 48 hours. (13) Within the limits of available means and in accordance with relevant international standards, the General Inspectorate of the Border Police will provide the necessary assistance measures from landing until leaving the airport to the country of destination of the foreigner, as regards: a) welcoming the stranger to the aircraft and escorting it to the perimeter of the airport, in particular to the connecting flight; b) providing emergency medical treatment to the foreigner and, if applicable, to the persons in his escort; c) providing food for the foreigner and, if applicable, for the persons in his escort; d) receiving, keeping and handing over travel documents, especially in the case of unescorted foreigners; e) in the case of unescorted foreigners, informing the requesting state about the place and time of departure of the foreigner from the territory of the f) informing the requesting State of any serious incidents occurring during transit; g) during parking in the transit airport, the head of the border crossing point may order the accommodation of the foreigner in specially arranged spaces and the use of legal means to prevent or prevent any attempt of the foreigner to resists transit. (14) The costs of the services provided according to ((13) shall be borne by the requesting State. " 78. Article 88 ^ 2 shall read as follows: " ARTICLE 88 ^ 2 Organisation of joint flights with the Member States of the European Union for the removal of foreigners (. The foreign authority may organise or participate in joint actions with the competent authorities of one or more Member States of the European Union, for the removal of foreigners subject to removal measures. (2) When the Foreign Authority decides to organize a flight for the removal of foreigners, to which other Member States of the European Union may participate, the competent authorities of these states shall inform. (3) With a view to a good flight deployment, the Foreign Authority shall undertake measures to select the carrier, according to the legal provisions, to obtain the necessary permits from the transit and destination states, the establishment jointly with the competent authorities of the other participating States of the necessary escort staff, the conclusion of the necessary financial arrangements, and other necessary measures. ((4) Where the Foreign Authority decides to participate in a flight for the removal of foreigners organised by a Member State of the European Union, it shall inform the competent authorities of the organising State of the intention to participate, specifying the number of persons subject to removal, and provide a sufficient number of persons for the escort. If the escort is carried out only by the organising state, the Foreign Authority shall ensure the presence of at least 2 representatives on board the aircraft, who are responsible for handing over to the foreigners responsible for the authorities of the states of destination. (5) The foreign authority shall ensure both foreigners subject to removal measures and their own escort personnel valid travel documents, visas and other necessary documents and, through the Directorate-General for Business consular, request the necessary assistance from the diplomatic representations of Romania. " 79. Article 89 shall read as follows: "" ARTICLE 89 Prohibition of removal (. Removal shall be prohibited in the following cases: a) the foreigner is a minor and his parents have the right to stay in Romania; b) the foreigner is a parent of a minor who has Romanian citizenship, if the minor is dependent on him or if there is an obligation to pay the food pension, an obligation that the foreigner meets regularly; c) the foreigner is married to a Romanian citizen, and the marriage is not of convenience; d) the foreigner has exceeded the age of 80; e) there are justified fears that life is endangered or that it will be subjected to torture, inhuman or degrading treatment in the state where the foreigner is to be sent; f) removal is prohibited by international documents to which Romania is a party. (2) Persons referred to in par. (1) may be granted or, as the case may be, extend the right of residence in Romania by the Foreign Authority, for one of the purposes provided for in the head. IV. (3) The execution of removal measures shall be suspended in the case of foreigners who are in one of the situations referred to in art. 15 15 para. ((1), until the date on which the reasons for not allowing the exit from Romania cease. (4) I am an exception to the provisions of para. ((1), (2) and (3) foreigners who constitute a danger to public order, national security or suffering from a disease that threatens public health and refuse to comply with the measures established by the medical authorities. " 80. Article 90 shall read as follows: "" ARTICLE 90 Voluntary assisted humanitarian repatriation (1) Foreigners on the territory of Romania may request the support of the Foreign Authority, as well as of international or non-governmental organizations with attributions in the field for assisted humanitarian voluntary repatriation, if they financial means. (2) The foreign authority, jointly with international organizations with attributions in the field, as well as with non-governmental organizations, will carry out joint programs to identify concrete ways to support foreigners referred to in par. ((1), with a view to assisting their assisted humanitarian return, as well as the financial resources required to do so. (3) Foreigners included in the assisted humanitarian voluntary repatriation programmes shall be issued by the Foreign Authority with certificates of repatriation. (4) Foreigners referred to in par. ((1) may benefit, individually, only once from the support granted by the Foreign Authority, through the programs provided in par. (2), for assisted voluntary repatriation. " 81. In Article 91, paragraph 4 shall read as follows: " (4) If the foreigner does not possess a state border crossing document or sufficient financial means, the Foreign Authority shall proceed according to the provisions of art. 87 87 para. ((3), (5) and (6). ' 82. in Article 91, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) If the expulsion measure cannot be executed within 24 hours, the foreigner will be taken into public custody according to the provisions of art. 93 93 para. ((10). ' 83. In Article 92 ^ 1, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The criteria and the practical arrangements for the compensation of financial imbalances resulting from the recognition of the removal decisions referred to in par. (1) shall be established by Government decision. " 84. In Article 92 ^ 1, after paragraph 4, four new paragraphs are inserted, paragraphs 5 to 8, with the following contents: " (5) The expenses employed by the Foreign Authority for the purpose of removal of foreigners, based on the decisions provided in par. (1), shall be borne from the revenue and expenditure budget approved to the Ministry of Administration and Interior for the Foreign Authority with this destination. ((6) The amounts representing the expenses provided in par. ((5), recovered from the Member State of the European Union which issued the decision to remove, represent reenactments of budget appropriations, if the expenditure was incurred for the current year, or are made to the State budget, if the expenditure was been carried out in previous years. (7) The foreign authority shall settle the expenditure incurred by other Member States of the European Union implementing the removal decisions until the end of a period of 4 years from the date of their issue by the Romanian authorities, within the budget of the revenue and expenditure budget approved to the Ministry of Administration and Interior for the Foreign Authority with this destination. ((8) Requests for reimbursement of expenses incurred by the Member State of the European Union may be rejected by the Foreign Authority when carried out after a period of more than one year after the implementation of the measure of removal. " 85. In Article 93, paragraphs 1, 2, 4, 5, 8 and 9 shall read as follows: " (1) The taking into public custody is a measure of temporary restriction of freedom of movement on the territory of the Romanian state, ordered by the magistrate against the foreigner who could not be removed under escort within the term provided by law, as well as against the foreigner who was declared undesirable or as to which the court ordered the expulsion. (2) In the case of foreigners who could not be removed under escort within the period provided by law, the taking into public custody shall be ordered by the designated prosecutor of the Prosecutor's Office of the Bucharest Court of Appeal, for a period of 30 days, at the request of the Authority for foreigners or its territorial formations. ........................................................................................ (4) The taking into public custody of foreigners declared undesirable shall be ordered by the court that ordered the measure of declaration as undesirable by the decision provided in art. 83 83 para. ((5). (5) Extension of the duration of public custody of foreigners referred to in par. ((2) and (4), which could not be removed from the territory of Romania within 30 days, shall be ordered by the court of appeal in whose area of territorial competence is the place of accommodation, at the reasoned request of the Authority for foreigners. The court must rule before the expiry of the previously ordered public custody term, and the court's ruling is irrevocable. ........................................................................................ (8) The foreigners against whom the taking into public custody was ordered, under the conditions provided in par. (2), may submit, within 5 days, a complaint to the Bucharest Court of Appeal, which is obliged to settle it within 3 days from the date of receipt. (9) Foreigners taken into public custody as well as those removed under escort within 24 hours are fingerprinted and photographed. " 86. in Article 95, after paragraph 6, a new paragraph (7) is inserted, with the following contents: "" (7) Minors introduced in accommodation centers have free access to the compulsory education system. " 87. In Article 96, paragraph 2 shall read as follows: " (2) Medical services provided in par. (1) shall ensure, as the case may be, the medical service of the accommodation centres or the health facilities of the Ministry of Administration and Interior or of the Ministry of Public Health. The settlement of expenses shall be ensured by the Ministry of Administration and Interior, through the budget allocated to the Foreign Authority, specially provided for this purpose. " 88. in Article 98, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The non-granting of toleration by the Foreign Authority may be challenged within 5 days from the communication to the territorial competent court of appeal. The court shall rule within 30 days, the judgment of the court being irrevocable. " 89. Article 99 shall read as follows: "" ARTICLE 99 Toleration situations on the territory of Romania Foreigners referred to in art. 98 98 para. (1) may be tolerated in the following situations: a) when they are in the situations referred to in art. 15 15 para. ((1) and do not meet the conditions provided by law for granting a residence permit; b) when foreigners taken into public custody, against whom the measure of return was ordered, could not be removed within 6 months; c) when foreigners taken into public custody, against whom the court ordered the expulsion, could not be expelled within 2 years from the date on which they were taken into public custody; d) when the temporary presence on the territory of Romania is required by important public interests. In this case, toleration shall be granted at the request of the competent State bodies; e) when there are serious reasons to consider that foreigners are victims of trafficking in human beings. In this case, the tolerance shall be granted at the request of the prosecutor or the court f) when the Foreign Authority finds that they are unable to temporarily leave Romania for other objective reasons. " 90. in Article 100, after paragraph 8, a new paragraph (9) is inserted, with the following contents: " (9) In the case of foreigners referred to in art. 99 lit. b) and c), if the reasons for which they could not be removed from the territory of Romania during the period of public custody have disappeared, they can be taken again into public custody, for a period of maximum 30 days, under the conditions of art. 93 93 para. (2), in order to remove from the territory of Romania. " 91. Article 101 shall read as follows: "" ARTICLE 101 Arrangement of the prohibition of entry into Romania (1) Concurrently with the issuance of the return decision or with the implementation of the expulsion measure, the Foreign Authority may also order, under the law, the prohibition of entry into Romania for a fixed period. (2) The measure provided in par. (1) may be ordered by the Foreign Authority or the General Inspectorate of the Border Police, under the law, and in a situation where the foreigner has not been the subject of a removal measure or against the foreigners referred to in art. 8 8 para. ((1) lit. b)-d) and para. ((2) lit. a) and b). (3) The application of the entry ban measure is carried out in all cases by establishing the nominal record at the state border crossing points and, when possible, by application in the state border crossing documents. the stamp in which its duration is specified. (4) The establishment of the measure of prohibition of entry into Romania shall be communicated to foreigners, in writing, by the body that took the measure, together with the reasons behind its disposition. (5) The prohibition of entry into Romania may be challenged by the foreigner within 10 days from the communication to the court of appeal in whose jurisdiction the party that ordered the measure is located. The appeal does not suspend the execution of removal measures. The court ruling is irrevocable. (6) All cases in which the prohibition of entry into Romania was ordered will be communicated by the institution that ordered this measure to the General Directorate for consular affairs of the Ministry of Foreign Affairs. " 92. In Article 102 (1) (a), point (iii) shall read as follows: "(iii) to foreigners who did not comply with the return decision and who were removed under escort;". 93. In Article 102 (2), the letter a) shall read as follows: " a) request voluntary assisted humanitarian repatriation, under the conditions laid down in art. 90 90; '. 94. Article 102 (2), point d) shall be repealed. 95. In Article 102, paragraphs 3, 4 and 4 ^ 1 shall read as follows: " (3) In the case of foreigners against whom the court ordered the measure of safety of expulsion, the duration of the prohibition will be equal to the duration of the sentence to which they were convicted, but not less than 3 years. (4) Against foreigners who crossed illegally or tried to fraudulently cross the state border with false documents or falsified the duration of the ban will be 5 years. (4 ^ 1) Against the foreigners referred to in art. 101 101 para. (2) the duration of the prohibition will be as follows: a) 15 years-for foreigners referred to in art. 8 8 para. ((1) lit. b)-d); b) 5 years-for foreigners referred to in art. 8 8 para. ((2) lit. a) and b). " 96. In Article 103 (1), letter b) shall read as follows: "b) permanent residence permit to the foreigner who has been granted the right of permanent residence." 97. Article 103 (2) shall be repealed. 98. In Article 104, paragraph 1 shall read as follows: "" Art. 104-(1) The residence permit issued to the foreigner under the conditions of this emergency ordinance provides proof of identity, address of residence or domicile on the territory of Romania and attests the existence of the right of residence in Romania, as well as the duration and the purpose for which this right was granted. " 99. Article 105 shall read as follows: "" ARTICLE 105 Temporary residence permit (1) The temporary residence permit shall be issued to foreigners when granting or extending the right of temporary residence. The temporary residence permit includes the address to which the foreigner declares to be residing on the territory of Romania. (2) The temporary residence permit has a limited validity to the period for which it was granted or, as the case may be, extended the right of temporary residence. The temporary residence permit shall be renewed each time on the occasion of the extension of the right of temporary residence. " 100. Article 106 will read as follows: "" ARTICLE 106 Permanent residence permit (1) The permanent residence permit shall be issued to foreigners, on the basis of obtaining the right of permanent residence, for a period of 5 years and shall be successively renewed for the same period. (2) In the permanent residence permit, the address to which the foreigner declares to be domiciled on the territory of Romania. ((3) The application for the granting of the permanent residence permit shall be submitted by the holder of the right of permanent residence to the territorial party of the Foreign Authority in whose jurisdiction the applicant legally resides and must be accompanied by the following documents: a) the state border crossing document, in original and in copy; b) the documents proving the legal possession of the living space at the address to which the foreigner declares that he is domiciled on the territory of Romania, in original and in copy. (4) For the renewal of the permanent residence permit, the applicant must submit, at least 30 days before the expiry of the validity of the document, an application accompanied by the documents proving the legal possession of the living space at the address to which the stranger declares to be domiciled on the territory of Romania 101. Article 107 will read as follows: "" ARTICLE 107 Cancellation of residence permit If the holder of the residence permit is revoked or his right of residence is cancelled, the document shall be cancelled on the date of the decision and shall be withdrawn at the latest on the date on which that decision is brought to the attention of the foreigner. " 102. In Article 108, paragraphs 2 and 3 shall read as follows: " (2) The stranger shall be issued by the territorial party of the Authority for foreign competence a new residence permit instead of the declared stolen, lost, damaged or destroyed. (3) The residence permits whose validity has expired, as well as the damaged ones shall be cancelled by the territorial competent authority of the Foreign Authority. " 103. In Chapter VI, after Section 1, a new section is inserted, Section 1 ^ 1, containing Articles 109 ^ 1-109 ^ 4, with the following contents: "" SECTION 1 ^ 1 Residence cards for foreigners family members of Romanian citizens Article 109 ^ 1 Issuance of residence cards (1) The stranger, a family member of a Romanian citizen, who was granted or, as the case may be, has been extended the right to stay in Romania and is issued by the Foreign Authority, through his territorial formations, a residence card, after as follows: a) residence card for foreigners family members-the foreign family member of the Romanian citizen, who was granted or, as the case may be, extended the right of temporary residence; b) permanent residence card for foreigners family members-the foreign family member of the Romanian citizen, who was granted the right of permanent residence. (2) In the residence card and in the permanent residence card, the address to which the foreigner declares that he has his residence or domicile on the territory of Romania. ((3) The form and content of the residence cards are similar to those issued to family members of European Union citizens, with the proper application of the provisions Government Decision no. 1.864/2006 for the approval of the Methodological Norms Government Emergency Ordinance no. 102/2005 on the free movement within the territory of Romania of the citizens of the Member States of the European Union and of the European Economic Area and for the establishment of the form and content of the documents issued to Family. (4) The materials necessary for the production of residence cards issued to foreigners family members of Romanian citizens are provided from the stocks purchased by the Ministry of Administration and Interior for the manufacture of identity cards for Romanian citizens, according to art. 23 23 para. (1) of Government Ordinance no. 84/2001 on the establishment, organization and functioning of the Community public records services, approved with amendments and additions by Law no. 372/2002 , with subsequent amendments and completions. Article 109 ^ 2 Validity of residence cards (. The residence card shall be issued upon the granting or extension of the right of temporary residence and shall have a limited validity to the period for which it was granted or, where applicable, the right of temporary residence. (2) The permanent residence card shall be issued on the basis of obtaining the right of permanent residence, for a period of 10 years, and shall be renewed successively, for the same period. Article 109 ^ 3 Residence card scheme (1) The residence card proves the identity of the foreign family member of a Romanian citizen and attests the exercise of the right of residence in Romania. (. The holder of the residence card shall have the obligation not to instruct and submit it to the competent authorities whenever requested. (3) The submission, receipt or request of the documents provided for in art. 109 ^ 1 as collateral for the provision of services, for the entrustment of goods or values, for the payment of debts or for other purposes. (4) Any modification, addition or mention, other than that provided by law, entered in the documents provided in art. 109 ^ 1, is prohibited and attracts their nullity. (5) In the situations provided in par. (4), the invalidity is found by the staff of the Authority for foreigners. (6) The policeman who finds one of the situations provided in par. (4) is obliged to retain that document and to transmit it to the nearest territorial formation of the Authority for foreigners. (7) The holder of the residence card is obliged to present himself to the territorial formation of the Authority for foreign competence, in order to issue a new document, in the following situations: a) when changes have occurred regarding the name, surname, citizenship and address; b) in case of destruction or damage to the residence card; c) in case of loss or theft, only after the declaration of the event to the territorial competent police body. Article 109 ^ 4 Cancellation of residence cards If the holder of the residence card is revoked or his right of residence is cancelled, the document shall be cancelled on the date of the decision and shall be withdrawn at the latest on the date on which that decision is brought to the attention of the foreigner. " 104. In Article 110 (a), point (iii) and (b) shall read as follows: " (iii) stateless persons with permanent residence in Romania temporarily abroad, who are no longer in possession of Romanian state border crossing documents; b) passport for the person without citizenship-stateless persons with permanent residence in Romania, as well as stateless persons of Romanian origin, who are repatriated on the basis of international agreements to which Romania is a party. " 105. In Article 112, paragraph 1 shall read as follows: "" (1) The passport for the person without citizenship provides proof of identity and quality of stateless person with the right of residence in Romania and entitles the holder to exit and enter the country through any of the state border crossing points open to international human trafficking. " 106. Article 114 (1), letter a) shall read as follows: "" a) the valid permanent residence permit, in the case of stateless persons with the right of permanent residence in Romania; ". 107. Article 115 will read as follows: "" ARTICLE 115 If the holder of the passport for the person without citizenship loses the status of stateless person with permanent residence in Romania or obtains the citizenship of a state, he has the obligation to submit the document to the territorial party of the competent foreign authority, which shall withdraw it and cancel it. " 108. In Article 119, paragraphs 1 and 3 shall read as follows: " (1) At the level of the Foreign Authority, the National System of Records of Foreigners is established, as a complex system for the processing of personal data of foreigners, necessary to carry out the legal duties regarding the entry, stay, removal foreigners and the prohibition of their entry into Romania. ........................................................................................ (3) Each foreigner to whom the right of temporary residence has been extended or has been granted the right of permanent residence shall be assigned by the Foreign Authority a personal numerical code, which shall be entered in the residence permit. " 109. In Article 120 ^ 1, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) Persons referred to in par. (1) shall enjoy equal treatment in the fields and under the conditions provided in art. 74. (4) By way of derogation from the provisions of paragraph (3), access to the labour market for foreigners with the right of permanent residence in a Member State of the European Union will be carried out in relation to labour law in the field and with the need to fill the employment Deficient occupational on the territory of Romania, established by the specialized structure of the Ministry of Labour, Social Solidarity and Family. " 110. In Article 120 ^ 2, paragraph 3 will read as follows: " (3) Foreigners provided in par. ((1) may extend their right of residence with the fulfilment of the general conditions provided by law, if: a) present the residence permit in a Member State of the European Union; b) prove that they have lived as family members of the foreigner with the right of permanent residence in a Member State of the European Union; c) provide proof of maintenance in the amount of at least the net minimum wage. " 111. In Article 120 ^ 2, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) Foreigners provided in par. (2) may extend their right of residence, according to the provisions of art. 62 62. " 112. In Article 124, paragraphs 9 and 10 shall read as follows: " 9. non-compliance with the obligation to the foreigner regarding the residence permit, provided in art. 104 104 para. ((2) and, respectively, on the residence card, provided for in art. 109 ^ 3 para. ((2); 10. non-compliance with the deadline for submitting the application for renewal of the residence permit, provided in art. 106 106 para. ((4); '. 113. In Article 132, paragraph 2 will read as follows: "(2) If the foreigner does not have financial means and entered Romania on the basis of an invitation, the removal expenses shall be borne by the natural or legal person who made the invitation." 114. Article 134 (1) shall be repealed. 115. After Article 134, two new articles are inserted, Articles 134 ^ 1 and 134 ^ 2, with the following contents: " ARTICLE 134 ^ 1 Application of special (1) Provisions Law no. 122/2006 on asylum in Romania is applied as a priority to the provisions of this emergency ordinance, except in situations where national security or public order reasons require their removal from the territory of Romania. (2) Provisions Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of citizens of the Member States of the European Union and of the European Economic Area, approved with amendments and additions Law no. 260/2005 , with subsequent amendments and completions, regarding the family members of citizens of the Member States of the European Union and the European Economic Area shall apply as a priority to the provisions of this emergency ordinance. Article 134 ^ 2 Procedural provisions In all complaints and requests to the courts under this emergency ordinance, in which the Foreign Authority is a party, the participation of the prosecutor is mandatory. " + Article II (1) Within 6 months from the date of entry into force of this law, foreigners without right of residence in Romania may request the Foreign Authority to issue a return decision, without establishing the measure prohibiting entry into Romania. (2) All situations pending on the date of entry into force of this law shall be settled according to the provisions of Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and completions, as amended and supplemented by this Law. (3) The statements of declaration as undesirable, issued by the prosecutor appointed from the Prosecutor's Office of the Bucharest Court of Appeal, which have not been executed, shall cease their effects on the date of entry into force of the provisions of this Law. + Article III Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 201 of March 8, 2004, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. This law transposes Council Directive no. 86/2003 86/2003 on the right to family reunification, published in the Official Journal of the European Communities (JOCE) no. L251 of 3 October 2003, Council Directive no. 109/2003 109/2003 on the status of third-country nationals who are long-term residents, published in the Official Journal of the European Communities (JOCE) no. L16 of 23 January 2004, Council Directive no. 110/2003 110/2003 on assistance in the case of transit for the purpose of removal by air, published in the Official Journal of the European Communities (JOCE) no. L321 of 6 December 2003, and Council Directive no. 114/2004 114/2004 on the conditions of admission of citizens of third states for studies, exchange of students, unpaid training or voluntary services, published in the Official Journal of the European Communities (JOCE) no. L375 of 23 December 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 13, 2007. No. 56. ----