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Law No. 121 Of 15 June 2011 On The Participation Of The Armed Forces In Missions And Operations Outside The Romanian Territory

Original Language Title:  LEGE nr. 121 din 15 iunie 2011 privind participarea forţelor armate la misiuni şi operaţii în afara teritoriului statului român

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LEGE no. 121 121 of 15 June 2011 on the participation of armed forces in missions and operations outside the territory of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 427 427 of 17 June 2011



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the conditions in which Romania's armed forces, hereinafter referred to as armed forces, participate in missions and operations outside the territory of the Romanian state. + Article 2 (1) The missions and operations involving the armed forces outside the territory of the Romanian state are: a) collective defence within the framework of the North Atlantic Treaty Organisation or to ensure the security of the Member States of the European Union; b) to respond to crises; c) peace; d) humanitarian assistance. (2) The missions and operations provided in par. ((1) may be carried out under the mandate of the United Nations or the Organization for Security and Cooperation in Europe, under the direction of the North Atlantic Treaty Organization or the European Union, as well as in coalitions. (3) The missions and operations provided in par. ((1) lit. d) may also take place at the request of the affected state + Article 3 (1) The armed forces may participate in the missions and operations referred to in art. 2 2 para. (1), under the law and according to the obligations assumed by Romania through the treaties. (2) The armed forces shall participate in the missions and operations referred to in art. 2 2 para. ((1) with the structures and personnel necessary to meet the assumed objectives, as well as with the appropriate armaments, technique and equipment. (3) In order to prepare and participate in the missions and operations provided in art. 2 2 para. (1), the armed forces may take part in exercises, training, ceremonial and other related activities organized in the country and outside the territory of the Romanian state. + Chapter II Planning, sending and withdrawing in/from missions and operations of the armed forces + Article 4 (1) At the proposal of the Ministry of National Defence, the Supreme Council of National Defence shall consider and decide, by June 30 of each year, the armed forces that can be made available in the following year, in order to participate in the missions and the operations referred to in art. 2 2 para. ((1). (2) The proposal for participation in missions and operations outside the territory of the Romanian state includes the estimate of the related costs + Article 5 Based on the decision of the Supreme Council of Defense of the Country, the Government provides in the draft budget for the following year the financial funds necessary to prepare and participate the armed forces in missions and operations outside the territory of + Article 6 At the occurrence of unforeseen situations that require participation with additional armed forces in missions and operations outside the territory of the Romanian state, the budgets of the sending institutions shall be rectified accordingly, according to the law. + Article 7 (1) Sending the armed forces outside the territory of the Romanian state in the missions and operations provided in art. 2 2 para. (1), under the conditions provided in art. 2 2 para. ((3) and art. 3 3 para. (1), shall be approved, at the proposal of the Prime Minister, by the President of Romania, after consulting the Supreme Council of Defense of the Country. The President of Romania informs the Parliament within 5 days of the decision taken, and if the Parliament is on holiday, at the beginning of the ordinary or extraordinary session, as the case may be. (2) If the sending of armed forces outside the territory of the Romanian state in the missions and operations provided for in art. 2 2 para. (1) is not made on the basis of an international treaty to which Romania is a party, as well as in the situation in which the reference is made at the request of a state in order to carry out an unforeseen mission or operation 2 2 para. (1), the President of Romania requests the approval of (3) For contingencies, at the request of international organizations with a vocation in the field of security or strategic partners, the Minister of National Defence may send on an individual mission outside the national territory observers/monitors, military advisers and instructors, staff of staff and specialist staff, after prior consultation of the Ministry of Foreign Affairs, without exceeding the numerical limits of the package of forces approved annually by the Council Supreme Defense of the Country. (4) In the situations provided in par. (3), the Minister of National Defence shall inform the Supreme Council of National Defence within 5 days. (5) In case of fundamental change of circumstances in which the armed forces were sent in the missions and operations provided in art. 2 2 para. (1), they may be withdrawn under the conditions provided in par. ((1) and (2). In order to substantiate the withdrawal proposal, the Supreme Defence Council of the Country has the necessary measures to consult the international allies, partners or organizations under the aegis of which the missions and operations are carried out (6) The Government informs the Parliament about the situation of participation of armed forces in missions and operations outside the territory of the Romanian state, semi-annually or whenever needed. + Article 8 (1) The sending of armed forces outside the territory of the Romanian state to the activities provided for in 3 3 para. (3) is approved by the Minister of National Defence. (2) Sending the armed forces to exercises or training organized outside the territory of the Romanian state, other than those provided in art. 3 3 para. ((3), shall be approved by: a) the Minister of National Defence, at the proposal of the Chief of the General Staff, for the preparation of armed forces in the territory of the Member States of the North Atlantic Treaty Organization and the European Union, Peace or states with which Romania has concluded agreements in the field; b) the Minister of National Defence, with the prior opinion of the Ministry of Foreign Affairs, for situations other than those provided in a). + Article 9 During participation in missions and operations outside the territory of the Romanian state, the armed forces apply the rules of engagement specific to the respective missions or operations, according to the legal provisions in force. + Chapter III Technical arrangements and transfer of authority + Article 10 (1) In order to establish detailed elements regarding the participation of armed forces in missions and operations within international forces or within units of other states, the specialized structures of the Ministry of National Defence concludes technical arrangements. (2) The procedure for the conclusion of technical agreements is approved by Government decision. + Article 11 (1) The transfer of authority is carried out by the Ministry of National Defence, through the General Staff, and represents the action by which Romania teaches control, at operational and/or tactical level, of its participating forces in a certain mission or operation of the master/command leading the mission or operation. (2) During the performance of missions and operations outside the territory of the Romanian state, the armed forces may have under operational control and/or tactical units or subunits of the foreign armed forces, under the conditions provided for in the transfer of authority conducted between the foreign armed forces and the commander/command of the Romanian armed forces. (3) The armed forces participating in missions and operations outside the territory of the Romanian state execute the orders of the commander of the force to whom they are subordinated, according to the agreements established when carrying out the transfer of authority the provisions of international law and rules of engagement. + Article 12 (1) If a Romanian military receives an order, a directive or a consign from the superior hierarchical authorities of the mission or operation, which contravenes the norms of international law, the rules of employment or customs of war, refuse its execution. (2) In the case provided in par. (1), the Romanian military immediately informs the Romanian higher hierarchical authorities and follows the instructions received from them. + Article 13 Participants in missions and operations outside the territory of the Romanian state are prohibited from carrying out economic activities, other than those necessary for logistical support, as well as any intervention in the internal affairs of the state on the territory of which the entrusted mandate would exceed. + Chapter IV Selection, classification and some staff rights + Article 14 (1) The failure of the structures provided in art. 3 3 para. ((2) to be made available for the missions and operations provided for in art. 2 2 para. (1) is usually made with professionalized personnel. (2) Selection of personnel and establishment of the duration of its participation in the missions and operations provided in art. 2 2 para. (1) shall be based on the criteria and methodology established by order of the Minister of National Defence. + Article 15 (1) The armed forces participate in missions and operations outside the territory of the Romanian state with military personnel and, if necessary, with their own civilian personnel. (2) If the Ministry of National Defence does not have military or civilian personnel specialized in specific fields, necessary to participate in missions and operations, it can select volunteer reservists or civilian employees, who will be framed according to the organizing states. ((3) During the preparation and conduct of missions and operations, individual employment contracts or service relations of the personnel referred to in par. ((2) shall be suspended. (4) During the suspension of individual employment contracts or service relations of the selected civil personnel, other persons may be assigned to the remaining positions available, with fixed-term employment contract or appointed on a determined duration, under the law. + Article 16 (1) Military and civilian personnel participating in the missions and operations provided in art. 2 2 para. (1) shall, for their duration, benefit from: a) an additional rest leave, of 2.5 days for each month of presence in the area of operations, with the possibility to be carried out during the execution of the mission, in the country of dislocation, in the area of dislocation or in Romania, depending on the situation of security in the area; granting and carrying out additional rest leave are made according to the norms established by the Ministry of National Defence; b) salary rights provided according to the legal provisions in force; c) the settlement of transport expenses for a trip to the country and return, every 6 months of participation in the mission or operation, except in cases where the expenses were borne by the international bodies under the aegis of which the perform the respective mission or operation. (2) Staff participating in the activities referred to in art. 3 3 para. (3) benefit from the rights of Romanian personnel sent abroad for the performance of temporary missions, according to the law. (3) During the period of participation in the missions and operations provided in art. 2 2 para. (1), the gross amount of the monthly balances/salaries, including bonuses, compensations, premiums, allowances and other rights, granted according to the normative acts in force of the personnel assigned to the public institutions of defense, public order and safety national, cannot be diminished. + Article 17 For special merits, acts of courage, heroism and devotion, the personnel participating in missions and operations outside the territory of the Romanian state can be awarded decorations, according to the legal provisions. + Article 18 (1) The personnel participating in missions and operations outside the territory of the Romanian state shall be entitled to compensation for cases of invalidity or death under the conditions and amounts provided by law. (2) In the event of death, compensation shall be granted to those entitled, according to the law. (3) Medical evacuated personnel in hospitals abroad and its attendants benefit from the daytime rights established for the respective mission or operation. Hospitalization expenses are in charge of the Ministry of National Defence. (4) Medical evacuated personnel in hospitals abroad can be visited by husband and relatives of first degree, 5 days, after admission and every month of hospitalization, with the support of expenses by the Ministry of National Defence, under the conditions established for staff sent on a temporary mission abroad. + Chapter V Financial aspects + Article 19 (1) The funds necessary for the participation of armed forces in missions and operations outside the territory of the Romanian state shall be ensured from the state budget, through the budgets of sending institutions (2) Of the funds provided in par. ((1) the expenses determined by the preparation of the mission or operation and its execution in the area of operations shall be borne as follows: a) the dislocation of the armed forces from the garrison of basic arrangement from the territory of the Romanian state in the area of responsibility within the mission or operation, as well as their repatriation; b) some purchases of goods, works and services necessary for missions or operations, as well as the realization of the level of operativeness, requested by the type of mission or operation; c) operating expenses and logistical support necessary to carry out missions and operations; d) selection, medical visit, testing, preparation, rotation of personnel, carrying out additional leave, accompanying transport echelons and controls carried out in the mission or operation area, under the conditions established by the Ministry of Defense National as well as those provided for in the specific regulations of each activity; e) the conclusion of the insurance contracts for the personnel and, where applicable, the technique; f) medical evacuation of personnel who cannot be treated in the health facilities in the theatre of operations and to ensure the transport of their companions; g) procurement of necessary materials, repatriation, accompanying and interment of deceased personnel, as well as the fulfilment of specific formalities; h) compensation of third parties for damage caused during the performance of missions or operations; i) other specific expenses, including those intended for the activities necessary to develop relations with local authorities and the civilian population, ensuring the protocol activities, carrying out the information-operative activities, as well as compensation as a favour under the conditions under which there is no obligation on the part of the Romanian State. (3) In the situations provided in art. 6, the purchases of technique and equipment provided in par. (2) may be carried out as a matter of urgency, by derogation from the legal provisions governing the field of public procurement, under the conditions established by order of the Minister of National Defence. + Article 20 The financing of expenses determined by the participation of armed forces in missions and operations outside the territory of the Romanian state is carried out under the law, according to the methodology established by order of the Minister + Article 21 (1) The accounting of material and monetary values shall be organized and conducted according to the Romanian legislation and specific norms established by the Ministry of National Defence. In certain situations, established by order of the Minister of National Defence, the justification of the expenses provided in art. 19 19 para. ((2) lit. i) can be done on the basis of a minutes, drawn up by a commission appointed by order of day per unit, a document that is the basis of records in accounting, thus acquiring the quality of justifying document. (2) The rules of specific endowment and consumption, as well as the methodologies for their application, are approved for each theatre of operations, by order of the Minister of National Defence. + Article 22 (1) Goods in the endowment of armed forces, destroyed, degraded or lost during the execution of missions and operations outside the territory of the Romanian state, shall be deducted from the accounting records, according to the legal provisions and procedures approved by order of the Minister of Defence. (2) The goods whose bringing into the country cost more than their updated inventory value may be capitalized or donated to local authorities/communities or non-governmental organizations in the area of operations, in accordance with the rules established by order of the Minister of National Defence (3) The provisions of par. ((2) shall also apply to goods under the management of permanent missions that cease their activity, in a situation where they are not required to be transmitted without payment to other public institutions. (4) The amounts obtained from the valorization of the goods provided in (2) and (3) will be fully retained by public institutions in the defense, public order and national security system as their own income and will be used to finance material and capital expenditures. + Article 23 (1) For the acquisition of goods, works and services, outside the territory of the Romanian state, necessary to carry out missions and operations by the armed forces, the persons empowered, under the law, by the Minister of National Defence are ability to conclude contracts and make payments in foreign currency, respectively. If the security reasons, operative needs or local usages do not allow the application of national legislation, by way of derogation from the legal provisions governing the field of public procurement, the purchase of goods, works and/or services are made under the conditions established by order of the Minister of National Defence, the necessary funds ensuring, if applicable, in cash. (2) For the execution of services necessary for missions and operations, persons from the dislocation area may be employed, according to the provisions of par. ((1), on the basis of a contract, with the payment of amounts negotiated in accordance with the regulations of the sending institutions. (3) Depending on the requirements, persons who do not have Romanian citizenship, from the country or abroad, who have the necessary knowledge to provide services in the theatres of operations, can also be selected. Their rights and obligations shall be established by service contracts. + Article 24 (1) The payment of the financial obligations of the armed forces shall be made in foreign currency accepted in the area of dislocation, in cash or by accounts in foreign currency, opened at banking units, according to the (2) The value in lei of foreign currency expenditures shall be updated according to the evolution of the foreign exchange rate established by the National Bank of Romania on the date of payment + Chapter VI Final provisions + Article 25 Upon the exit and entry from/into the country of the armed forces participating in missions and operations, as well as the activities provided in art. 3 3 para. (3), outside the territory of the Romanian state, the Romanian customs authority shall carry out the necessary customs formalities, in the simplified procedure, established by order belonging to the head of the National Customs Authority. + Article 26 Daytime rights, accommodation, food, facilitation of connection with family, recreation and transport of military and civilian personnel participating in the missions and operations provided in art. 2 2 para. (1), as well as of the one who performs missions in the area of operations, in support of the deployed armed forces, in accordance with the specificity of each type of mission or operation, shall be established by Government decision. + Article 27 The provisions of this Law shall apply to all public institutions of defence, public order and national security. The powers of the Minister of National Defence, established by this Law, shall be fulfilled, where appropriate, by the heads of + Article 28 Chapter II "Specific regulations of personnel from public defence, public order and national security institutions" in Annex no. VII "Occupational family of budgetary functions" defense, public order and national security " to the Framework Law on the unitary pay of personnel paid from public funds no. 284/2010, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, is amended as follows: 1. In Article 45, paragraph 2 shall read as follows: " (2) For aeronautical personnel defined by the statute, who participate in missions and operations outside the territory of the Romanian state, the provisions of art. 35 35-44 shall apply accordingly. ' 2. The title of the 9th section will read as follows: " SECTION 9 Salarization and other money rights of personnel from public defense, public order and national security institutions participating in missions and operations outside the territory of the Romanian state " 3. In Article 77, the introductory parts of paragraphs 1 and 3 shall read as follows: " (1) Military personnel participating in missions and operations outside the territory of the Romanian state benefit from the following salary rights: ................................................................... (3) Civil personnel participating in missions and operations outside the territory of the Romanian state benefit from the following salary rights: ". 4. In Article 93, paragraph 3 shall read as follows: " (3) For salary rights granted to personnel participating in missions and operations outside the territory of the Romanian state, established according to art. 77 of this Annex, as well as for the rights regulated in sections 4 and 5 of this Annex, do not apply to regulations limiting the amount of allowances, compensation, allowances and other salary rights granted both individually, as well as cumulatively at the level of each authorising officer. " + Article 29 On the date of entry into force of this Law, Law no. 42/2004 on the participation of armed forces in missions outside the territory of the Romanian state, published in the Official Gazette of Romania, Part I, no. 242 of 18 March 2004, as amended, shall be repealed. 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. p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, June 15, 2011. No. 121. _______