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Law No. 125 Of 29 April 2009

Original Language Title:  LEGE nr. 125 din 29 aprilie 2009

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LEGE no. 125 125 of 29 April 2009 on approval Government Emergency Ordinance no. 130/2008 to amend and supplement Government Emergency Ordinance no. 104/2001 on the organization and functioning of the Romanian Border Police, and for the abrogation Head. IV of Government Emergency Ordinance no. 105/2001 on the state border of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 324 324 of 15 May 2009



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 130 130 of 14 October 2008 to amend and supplement Government Emergency Ordinance no. 104/2001 on the organization and functioning of the Romanian Border Police, and for the abrogation Head. IV of Government Emergency Ordinance no. 105/2001 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 711 of 20 October 2008, with the following amendments and additions: 1. The title of the emergency ordinance shall be amended and shall read as follows: " EMERGENCY ORDINANCE for amending and supplementing Government Emergency Ordinance no. 104/2001 on the organization and functioning of the Romanian Border Police, and for the modification Government Emergency Ordinance no. 105/2001 on the state border of Romania " 2. In Article I, after point 3, two new points are inserted, points 3 ^ 1 and 3 ^ 2, with the following contents: "" 3 ^ 1. In Article 6, point b) is repealed. 3 3 ^ 2. In Article 10, paragraph 1 is amended and shall read as follows: "" Art. 10. -(1) Within the General Inspectorate of the Border Police operates the Superior Advisory Council, consisting of the inspector general, its deputies and the personnel with management positions of the Romanian Border Police. "" 3. In Article I, point 4 is amended and shall read as follows: "" Four. Article 12 is amended and shall read as follows: "" Art. 12. -(1) At territorial level, the Romanian Border Police organizes county inspectorates, groups of ships and sectors of the border police; at the state border crossing points, border police points are organized and operated. (2) In the counties that have as boundary the state border or the inner Danube are organized and operate, as units with legal personality, county inspectorates of the border police. (3) The Black Sea shore is organized by groups of ships and operates the maritime component of the Romanian Border Police, within the County Inspectorate of the Constanta Border Police. (4) Within the county inspectorates, sectors of the border police are organized and operated at territorial level. (5) Territorial structures of the border police referred to in par. (2)-(4) are led by a chief, aided by deputies. (6) The heads of the county inspectorates are appointed and released from office by order of the Minister of Administration and Interior, at the proposal of the Inspector General of the General Inspectorate of the Romanian Border Police, with the advisory opinion of Prefect. (7) The deputies of the heads of the county inspectorates of the border police, the heads of the ship groups, the heads of sectors, as well as their deputies are appointed and released from office by the inspector general, on the proposal of the heads of of the border police. (8) The heads of the border police points shall be appointed and released from the position of the inspector general, upon the proposal of the heads of the county border police inspectorates or the head of the airport crossing point coordination structure, where applicable. ' " 4. In Article I, after point 4, a new point is inserted, point 4 ^ 1, with the following contents: "" 4 ^ 1. Article 13 is amended and shall read as follows: "" Art. 13. -The county inspectorates are organized internally on services, offices and compartments, as the case may be, by order of the Minister of Administration and Interior. "" 5. Article II is amended and shall read as follows: " Art. II. -Government Emergency Ordinance no. 105/2001 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 352 352 of 30 June 2001, approved with amendments by Law no. 243/2002 , as amended and supplemented, shall be amended as follows: 1. In Article 22, paragraph 3 shall read as follows: " (3) The transit through Romania of hunting or shooting weapons and corresponding munitions, belonging to foreign legal persons, shall be made with the prior approval of the head of the county inspectorate of the competent border police or the chief the coordination structure of the airport crossing points, as appropriate. '; 2. Article 39 shall read as follows: "" Art. 39. -In the border area, on the depth of 500 m from the border line to the interior, with the opinion of the head of the county inspectorate of the competent border police, activities can be carried out such as: mining, crude oil, gas, water minerals, thermal waters, logging, ballasters or quarries, land improvement works and irrigation, indigutions, works or construction on watercourses, works to ensure navigation conditions, construction and construction. touristic, recreational or other arrangements, research or prospectuses geological. " 3. Article 45 shall read as follows: "" Art. 45. -(1) Any activity at the state border crossing points, other than carrying out border control, may be carried out only after obtaining the opinion from the head of the county inspectorate of the border police competent or the head of the coordination structure of the airport crossing points, the local public administration authorities and other authorities provided by law, as the case may be. (2) The conditions for release by the head of the county inspectorate of the competent border police or the head of the coordination structure of the airport crossing points of the opinion provided in par. (1), as well as the obligations of approved persons shall be established by the rules for the application of this emergency ordinance. The opinion mentions the obligations of approved persons. " 4. In Article 75, letters e) and f) shall read as follows: " e) access to land without the approval of the head of the crossing point of the members of the crews of the Romanian goods transport vessels which, for justified reasons, are obliged to be stationed within the port; sailors left on the territory of Romania at the agency of the sailing company to which the ship belongs, in order to solve their situation; access on board of family members of foreign sailors embarked on ships in Romanian ports that sailing between the ports of Constanta, Sulina and Moldova Veche without a passport or other documents border crossing or without the approval of the head of the crossing point; carrying out any activity at the state border crossing points, other than carrying out the border control, without the opinion, as the case may be, of the head of the county of the competent border police, of the head of the coordination structure of the airport crossing points, of the local public administration or of another authority provided by law; county inspectorate of the competent border police or the head of the structure of coordination of airport crossing points, according to the provisions of art. 45 45 para. ((1); f) access of persons to the state border protection strip to the border or waterfront corridor, as the case may be, without identity documents or without the approval of the head of the local border police party; carrying out activities beyond the state border protection strip, if it is more deep, as well as in the islands and ostroaves belonging to the Romanian state, located in the border waters, through other places or in conditions other than those established by the head of the local border police formation; access persons in the islands and hosts of new formation in the border waters before determining their belonging; carrying out the activities referred to in art. 39 39 without the opinion of the head of the county inspectorate of the border police; fishing in the border waters, inland sea waters and in the territorial sea in other places or in sectors other than those established by the competent authorities or without the prior opinion of the head of the county inspectorate of the competent border police; keeping the boats and boats on the border or inland sea waters in places other than those established by the authorities competencies or failure by those who hold the necessary measures to prevent their use at the illegal crossing of the state border, the practice of smuggling or other illicit activities; the conduct of leisure and sports activities in border waters, inland sea and territorial sea, without approval the port capitania or, where applicable, the local public administration or without the opinion of the head of the border police sector or, as the case may be, of the head of the border police group; hikers in places other than ports or places specially arranged for that purpose; grazing animals during the day beyond the state border protection strip; grazing of animals during the night in places other than those established by local public administration authorities or without the opinion of the head of the police sector border; hunting along the state border, on the depth of 500 m from the strip of protection of the state border to the interior, for the land border, and from the limit of the flood land, for the water border; provided in art. 44 44 para. ((2), without the prior opinion of the head of the border police sector; fixation on magnetic tape, on paper or on other support, of images rendering portions of the territory of the neighboring states of persons moving or carrying out different activities near the state border, if this is provided for in the agreements or conventions regarding the border concluded by Romania with the neighboring states; the wearing of unauthorized calls over the border line, if this is provided for in the agreements or conventions concerning the border concluded by Romania with neighboring states; commission or proferation of persons moving or carrying out activities near the state border of facts, gestures or offensive expressions to the neighboring state or its citizens, if they are provided for in the agreements or conventions regarding the border concluded by Romania with the neighboring states. " 5. In Article 76, paragraph 21 shall read as follows: " (2 ^ 1) Repeatedly committing the contravention of non-compliance with the obligations provided for in the notice issued by the head of the county inspectorate of the competent border police or the head of the airport crossing points coordination structure, according to art. 45 45 para. (1), shall be sanctioned with a fine of 1,000 lei to 5,000 lei and with the withdrawal of the opinion. "" 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, April 29, 2009. No. 125. -------