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Law No. 40 Of 9 March 2010 Amending And Supplementing Law No. 333/2003 On The Protection Of Objectives, Goods, Values ​​and Persons

Original Language Title:  LEGE nr. 40 din 9 martie 2010 pentru modificarea şi completarea Legii nr. 333/2003 privind paza obiectivelor, bunurilor, valorilor şi protecţia persoanelor

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LEGE no. 40 40 of 9 March 2010 to amend and supplement Law no. 333/2003 on the protection of persons ' objectives, goods, values and
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 153 153 of 9 March 2010



The Romanian Parliament adopts this law + Article I Law no. 333/2003 on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 525 of 22 July 2003, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 20, paragraph 1 shall be amended and shall read as follows: "" Art. 20. -(1) The specialized security and protection companies are private companies that are constituted and operate according to the commercial legislation and the provisions of this law, having as their object of activity the security of objectives, goods or values, security of transport of goods and values, in conditions of maximum safety thereof, as well as the protection of persons. " 2. Article 20 (4), point b) shall be amended and shall read as follows: "b) transport security services of goods and values, as well as consulting services in the field;". 3. In Article 20 (6), the introductory part shall be amended and shall read as follows: "(6) By services of security of transport of goods and values it is understood:". 4. The title of Chapter III is amended and shall read as follows: "" CHAPTER III Security of transport of goods and values, as well as of special transport " 5. In Article 25, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 25. -(1) The security of transport of goods and values, consisting of sums of money, debt securities, cheques or other documents of value, metals and precious stones, shall be provided with specific means of transport intended and shall be carried out, as the case may be, with gendarmes, own staff or a specialized security and protection society, armed with firearms, under the law. ................................................................................................ (3) The security of transport of goods and values or products of a special nature, in transit on the territory of Romania, by rail or road, shall be provided with gendarmes. " 6. In Article 26, paragraph 3 shall be amended and shall read as follows: "" (3) As a rule, consignments of goods or values or shipments of special products shall be carried out in the daytime. " 7. Article 27 is amended and shall read as follows: "" Art. 27. -(1) The means for the transport of goods and values or the one with special character, provided in art. 25, shall be equipped with technical security, alarm, monitoring, localization and surveillance devices, intended to ensure the security of the accompanying persons, goods, values and special products transported, and equips themselves with the technique of radio communications on frequencies approved under the law. ((2) In the case of shipments of goods and values consisting of scientific, technical, cultural and art values or of those with special character provided in art. 25 25 para. ((2), the head of the unit shall provide at least one accompanying crew for the security and protection of the goods or those values. (3) Carriers of goods or values have the obligation to monitor permanently the transport and emergency notification of the police in case of danger. (4) The minimum requirements that the means of transport provided for in art. 25 25 para. ((1) and (2), for the protection of the accompanying personnel and the transported values, shall be established by the methodological norms for the application of this law. " 8. Article 28 is amended and shall read as follows: "" Art. 28. -(1) The heads of the units holding goods, values, document storage media, data and information of a state secret nature shall be obliged to provide security, mechano-physical means of protection and alarm systems against in the places of storage, storage and handling, as well as in the places where activities that have such a character are carried out. (2) The projects of the alarm systems shall be endorsed by the General Police Directorate of Bucharest Municipality or by the county police inspectorate within which the objective is located, in terms of compliance with the minimum security requirements against Burglary. (3) The mechanical-physical protection elements incorporated into the buildings intended for the storage, storage and handling of goods and values of any kind must be resistant to burglary, corresponding to the degree of safety required by the characteristics the guarded objective, in accordance with the technical requirements established by the methodological norms for the application of this law. (4) For the purposes of this law, mechanical-physical protection elements are understood: walls, nets, armour, iron houses, safes, metal cabinets, windows and protective film, grilles, doors and locks. (5) For the purposes of this law, by means of alarsea system against burglary means the electronic equipment assembly which can be composed of the central control and optical and acoustic signalling, detectors, buttons and panic pedals, access and closed circuit television with possibilities for recording and storing images and data, corresponding to the degree of safety required by the characteristics of the guarded objective. (6) The installation, modification, including the commissioning of the alarm systems against the efaction shall be approved and controlled according to the provisions of par. ((2). (7) The projects of alarsea systems against efaction shall be made mandatory for the objectives that are subject to the police approval, and their elaboration shall be done in compliance with the minimum technical requirements established by the methodological norms the application of this law. " 9 articles 29 and 31 shall be repealed. 10. In Article 34, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 34. -(1) Natural or legal persons may carry out activities of design, installation, modification or maintenance of components or alarm systems against burglary, only on the basis of the license issued by the General Inspectorate of Police Romanian, extended every 3 years, and with the prior opinion of the Romanian Intelligence Service, issued within 30 days. .................................................................................................. (3) The leaders of the legal entities, their technical staff and the individuals who carry out the activities provided in par. (1) shall be endorsed by the county police inspectorates or the General Police Directorate of Bucharest Municipality within which/to which the company has its headquarters, namely the natural person, the domicile. " 11. in Article 34, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) Persons licensed or authorized in one of the Member States of the European Union or of the European Economic Area may carry out the activities referred to in par. ((1) and (3) after notification of the General Inspectorate of the Romanian Police. " 12. Article 40 is amended and shall read as follows: "" Art. 40. -(1) The employment of personnel with security duties or bodyguard shall be made on the basis of the attestation issued under the conditions provided in art. 41 41 and the criminal record certificate. (2) The heads of the units provided in art. 2 2 para. (1), who hold state secrets or who carry out activities of strategic interest, are obliged to request the opinion of the Romanian Intelligence Service, for the personnel employed in order to execute the security service. (3) The heads of the units provided in art. 2 2 para. (1) may hire for a fixed term persons who meet the conditions laid down in art. 39 lit. a)-c), but not more than 3 months and only at the first employment, in order to ensure the necessary period for the completion of the procedures for hiring and obtaining the professional attestation. " 13. Article 41 is amended and shall read as follows: "" Art. 41. -(1) The testing of personnel for the execution of security activities of objectives, goods, values and bodyguard shall be made by the General Police Directorate of Bucharest Municipality or, as the case may be, by the county police inspectorate in the radius of which the person has his domicile or residence, after completing the basic professional qualification courses and passing the exam, on the basis of the documents certifying the fulfilment of the conditions provided 39 lit. a)-c). (2) Attestate issued according to par. (1) grants the right to the holder to practice the basic occupation in the field governed by this law. ((3) The occupations covered by the security activities, the type of training required for the practice of these occupations and the model of the attestation shall be established by the methodological norms for the application of this law. ((. For the citizens of the Member States of the European Union or of the European Economic Area, the attestation may be issued on the basis of documentary evidence issued by the competent authorities of the State of origin or of the Member State of origin know Romanian, written and spoken. (5) They are exempted from the obligation to obtain the certificate of completion of the professional qualification course persons who hold a certificate of professional skills, acquired according to the law, and who prove that they had the status of policeman or military framework or had, for a period of at least one year, the quality of soldier or volunteer graduated. " 14. After Article 41, a new article is inserted, Article 41 ^ 1, with the following contents: "" Art. 41 41 ^ 1. -(1) The professional training of personnel for the execution of the activities of security of objectives, goods, values and bodyguard is carried out through professional training providers in the public or private sector, authorized under the conditions Law. (2) The professional training provider has the obligation to approve the registration at the professional qualification courses only of the persons who prove the fulfilment of the conditions provided in art. 39 lit. a)-c). (3) The graduation examination of the professional qualification courses shall be held before a committee established according to the provisions of the art. 29 29 para. (2) of Government Ordinance no. 129/2000 on adult vocational training, republished, with subsequent amendments and completions. The commission must also include a representative of the General Police Department of Bucharest or, as the case may be, of the county police inspectorate within which the professional training provider is based. ((4) The theme of vocational training programs shall be determined by the methodological norms for the application of this law. " 15. In Article 45, paragraph 2 shall be amended and shall read as follows: " (2) The endowment with firearms of the security personnel or the bodyguard shall be made only after the approval, as the case may be, by the police or gendarmerie of the plan of security/protection of the objective/person or of the transport of special goods and values or of products of a special nature. " 16. in Article 55, points e) and g) shall be repealed. 17. in Article 56, points a) and e) shall be amended and shall read as follows: " a) ensure security with gendarmes of objectives, goods and values, as well as the transport of special products, established by Government decision or, as the case may be, by order of the Minister of Administration and Interior, in the conditions of the ............................................................................................... e) organize qualification courses, under the law; ". 18. in Article 60, letters b), g) and h) shall be amended and shall read as follows: " b) failure to take measures provided for in art. 25 and to art. 27 27 para. ((1)-(3); .............................................................................................. g) non-compliance with 24 24, art. 34 34 para. ((2), art. 40 40, art. 41 ^ 1 para. ((2) and art. 42 42; h) the installation of technical alarm systems against the efaction or their components, in violation of the provisions of art. 28 28 para. (6) and (7), as well as non-compliance with art. 30 30; '. 19. In Article 61, letter c) is amended and shall read as follows: " c) with a fine of 100 lei to 300 lei, the contravention provided in lett. e). " 20. In Article 61, a new paragraph (2) is inserted, with the following contents: "(2) The penalty of the fine may also be applied to the legal person." 21. In Article 63 (1), the introductory part and letter a) shall be amended and shall read as follows: "" Art. 63. -(1) The measure of withdrawal of the attestation of the security personnel or bodyguards lies with the General Police Department of Bucharest or, as the case may be, the county police inspectorate in whose area the person is domiciled or his residence and is taken compulsory in the following situations: a) the person has committed a crime in connection with the service or a crime with intent; ". 22. In Article 63, paragraph 2 shall be amended and shall read as follows: " (2) The measure of withdrawal of the attestation is proposed by the ascertaining agent or by the employer who noticed that the security personnel or the bodyguard are in any of the situations provided in par. ((1) and shall be ordered by the unit to which the finding agent belongs, communicating this immediately to the employer and the sanctioned person. " 23. In Article 63, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) The request for the receipt of the attestation may be made after one year after the taking of the measure, unless the court finds the innocence of the person. " 24. Article 69 is amended and shall read as follows: "" Art. 69. -The methodological norms for the application of this law are approved by Government decision. " + Article II Government Decision provided for in art. 69 69 of Law no. 333/2003 on the protection of the objectives, goods, values and protection of persons, with subsequent amendments and completions, shall be adopted within 180 days from the date of entry into force of this Law. + Article III This law was adopted in compliance with the provisions Directive 98 /34/EC COUNCIL DIRECTIVE of 22 June 1998 on the procedure for the provision of information in the field of technical standards and regulations, published in the Official Journal of the European Communities no. L204 of 21 July 1998. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, March 9, 2010. No. 40. -------