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Law No. 126 Of 27 December 1995 (Republished) Regarding The Status Of Explosive Materials

Original Language Title:  LEGE nr. 126 din 27 decembrie 1995 (*republicată*) privind regimul materiilor explozive

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LEGE no. 126 126 of 27 December 1995 (* republished *) on the explosive materials regime *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 177 177 of 12 March 2014



------------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 126/1995 was republished in the Official Gazette of Romania, Part I, no. 660 660 of 15 September 2011. + Chapter I General provisions + Article 1 (1) The provisions of this Law shall apply to the preparation, production, processing, experimentation, possession, transit through the territory of the country, transmission in any form, transfer, transport, placing on the market, storage, loading, The destruction, destruction, handling, marketing and use by authorized legal or physical persons of explosive materials. (2) For the purposes of this Law, explosives of the type explosive mixtures, explosive emulsions, means of initiation, detonating wicks, safety wicks, ignition wicks, electrical staples, pyrotechnic staples, tubes of shock, detonating relays, including civil-use explosives and pyrotechnic articles. (3) This law is without prejudice to the legal regime of explosives for civil use, as regulated in Government Decision no. 207/2005 on the establishment of the essential safety requirements of explosives for civil use and the conditions for their placing on the market, with subsequent amendments and completions, and in Government Decision no. 612/2010 laying down the essential safety requirements of pyrotechnic articles and the conditions for their placing on the market as amended. + Article 2 The production and processing of explosive materials are allowed only to legal entities that possess authorization from the territorial labor inspectorate within which they operate. + Article 3 (. Simple explosive mixes may be prepared by hand or mechanised only by legal persons authorised for that purpose, on the basis of the technical and safety and health instructions of the work developed in this regard. (2) New explosive materials with military destination, regardless of origin, may be used only with the approval of the Ministry of National Defence, based on the opinion of the specialized structure subordinated to this ministry, designated for this purpose by Government decision. + Article 4 (1) Providers, including manufacturers, are required to guarantee explosive materials and to burn packaging with the data provided by the regulations in force. (. The term of guarantee may be extended only with the agreement of the manufacturer. + Article 5 (. The placing on the market of explosives for civil use and pyrotechnic articles shall be permitted only if they comply with the essential requirements applicable to them, established by the legislation in force aimed at ensuring a high level of protection of human health and public safety, consumer protection and safety, and environmental protection. (2) In the placing on the market of explosives for civil use and pyrotechnic articles, the provisions Regulation (EC) No 1.907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing the European Chemicals Agency, amending Directive 1999 /45/EC and repealing the Regulation (EEC) No 1060/ 793/93 of the Council and Regulation (EC) No 1.488/94 of the Commission as well as Directive 76 /769/EEC of the Council and Directives 91 /155/EEC , 93 93 /67/EEC , 93 93 /105/EC and 2000 2000 /21/EC of the Commission, as amended and supplemented, published in the Official Journal of the European Union no. L 396 of 30 December 2006 and the provisions of Regulation (EC) No. 1.272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 1999 /45/EC ,, as well as modification of Regulation (EC) No 1.907/2006 ,, as amended and supplemented, published in the Official Journal of the European Union no. L 353 of 31 December 2008. + Article 6 Through the holder of explosive materials, for the purposes of this law, it is understood any legal or physical person in the possession or detention of which is located, lawful, such subjects. + Article 7 (1) Individuals do not have the right to own, use, transport, store, experience or handle explosives for civil use or pyrotechnic articles if they do not prove the quality of artificer, respectively authorized pyrotechnic and does not represent a legal person authorized and registered according to legal provisions. (2) The specially trained personnel can handle explosive materials only under the supervision of an authorized artificer or pyrotechnic. (3) By exception to the provisions of par. ((1): a) persons who have reached the age of 16 may hold and use pyrotechnic articles of categories 1 and P1; b) persons who are over 15 years of age and who attend training courses in specialized education may have pyrotechnic articles at their disposal only during training. + Chapter II Authorization and registration of holders of explosive materials + Article 8 (1) In order to be able to prepare explosive materials, legal entities that, through the constitutive act of the company, have as their object of activity such operations are obliged to obtain in advance the authorization from the territorial labor inspectorate and from the General Police Directorate of Bucharest Municipality or the county police inspectorate within which they operate. (2) The obligation to obtain in advance the authorization also returns to legal and natural persons who own, use or sell explosive materials, except for the units and formations of the Ministry of National Defence, Ministry of Business Interior, Protection and Guard Service and the Romanian Intelligence Service. ((3) Persons who produce, own, transfer or market pyrotechnic articles, as well as persons using pyrotechnic objects for technical purposes are required to obtain authorization from the territorial labour inspectorate and at the General Police Directorate of Bucharest Municipality or the county police inspectorate within which they operate, as the case may be. ((4) The authorization shall be obtained only at the request of the interested party and for a fixed duration, with the possibility of extension. (5) The performance of the activities provided for in the authorization through unauthorized intermediaries is prohibited. + Article 9 (1) Explosive materials may be stored only in specially constructed and arranged spaces on the basis of technical documentation endorsed by the territorial labour inspectorates. (2) The warehouses of explosive materials built and arranged under the conditions of par. (1) may operate only after obtaining the authorization, issued jointly by the territorial labor inspectorate and the General Police Directorate of Bucharest Municipality or the county police inspectorate, as the case may be. (3) It is prohibited to authorize the production, preparation, experimentation, possession or storage of explosive materials in buildings with dwellings. (. In the authorization of operation of any deposit, the maximum storage capacity in the equivalent shall be established. (5) The storage of explosive materials in stock deposits and units that have as their object of activity the production/processing of explosive materials is done only in spaces designed, built and arranged on the basis of technical documentation. (6) Territorial labour inspectorates may endorse the temporary overrun of authorised storage capacities by a maximum of 25% for a period of not more than 3 months. (7) The heads of legal entities that have as their object of activity the production/processing of explosive materials can avize the exceeding of the plant and stock storage capacities by a maximum of 25%, for a period of no more than 3 months. + Article 10 If a warehouse of explosive materials is used by several economic operators, on the basis of custody contracts, the records shall be kept separately for each economic operator. + Article 11 (1) The territorial labor Inspectorate or the General Police Department of Bucharest or the county police inspectorate may, as the case may be, suspend or restrict the activities for the production, preparation, possession, transfer, transport, use or commercialization of explosive materials or may withdraw authorisations if the legal regulations in force regarding compliance with the security rules are violated. (2) The withdrawal of the authorization shall entail an end to the right granted to legal and natural persons to carry out the activities for which it was granted (3) At the end of the activity it is mandatory to hand over the authorization, within 15 days, to the institution that issued it. + Article 12 (1) The authorizations issued on the basis of this law shall be addressed annually by the issuing authorities in whose radius the holder is based. The non-submission of the visa authorization, within 15 days from its expiry date, attracts the loss of the right of the holder to carry out operations with explosive materials. (2) The bodies referred to in art. 8 will issue to legal entities, within 15 days, a new authorization to the holder, which makes known: a) change of name or seat; b) damage, evading or loss of authorization; c) complete exhaustion of the spaces reserved for the annual visa. + Article 13 Authorized legal entities carrying out works, of a temporary nature, of geological prospections and explorations or in the framework of interventions with anti-hail means are obliged to notify the territorial labor inspectorate and the county inspectorate of police or the General Police Directorate of Bucharest Municipality, as the case may be, in whose radius are the localities where they will operate, at least 48 hours before the start of the works. + Chapter III Operations with explosive materials and their record + Article 14 The transport and handling of explosives themselves and of the means of initiation and ignition, with the exception of pyrotechnic articles, shall be carried out under the direct supervision of authorised artificers and only with specially trained personnel for such operations. The transport and handling of pyrotechnic articles shall be carried out by specially trained personnel. + Article 15 (1) Any transfer or transport of explosive materials shall be carried out only with means of transport arranged for this purpose, on the basis of documents issued according to the legal regulations in force and signed by those in law. ((2) Transport from consumer deposits to firids of artificers and to workplaces or processing workshops of explosive materials when they are found within the same site is permitted on the basis of lifting documents. Explosive materials in storage. + Article 16 (1) The loading, transfer, transport, unloading, storage and destruction of explosive materials during the night shall be prohibited. (2) The transfers by railway or water, transport from the manufacturing plant to its own warehouses, as well as those executed within the same site, are exempted. + Article 17 ((1) Transfer or transport in the same means of transport of explosive materials together with other materials or materials with which they are incompatible, as well as access to the means of transport of persons without duties in respect of The transfer or transport concerned shall be prohibited. (2) It is exempted from the provisions of par. (1) means of transport used by teams of geological prospections, perforations of wells, hydropower constructions, hydrotechnical, repair or construction of roads, railways and bridges or anti-hail interventions, if arranged under legal regulations. + Article 18 The transfer, transport or joint storage of several types of explosives shall be made only under the conditions set out in the Annex to this Law. + Article 19 (1) The guard of transfers of explosive materials from the manufacturer to the basic or stock deposits, regardless of the means of transport, shall be provided with gendarmes, at the expense of the beneficiary. ((2) For the transfer of explosive materials and explosive subassemblies used in anti-hail interventions from basic or stock deposits to consumer deposits, to places of use or to the processing workshops of explosive materials when they are not in the same site as the consumer warehouse, security is provided by economic operators, through personnel equipped with firearms, under the law. (3) For the transfer of explosive materials from basic deposits to consumer deposits, economic operators are obliged to notify the police body in advance on whose territory the transfer is carried out. (4) The guard of explosive materials, in transit on the territory of Romania, shall be provided for a fee only with gendarmes, after prior verification of the integrity of the seals applied by the sender, in accordance with the procedures on transport and international expeditions of dangerous goods. (5) The guard of transfers and shipments of explosive materials with military destination, on the territory of Romania, shall be provided by the units of the Ministry of + Article 20 On the site and the maximum quantity of explosive materials intended for storage for firids of fireworks, as well as for rooms where explosive materials are stored and handled for perforations of probes, hunting articles, Pyrotechnic objects of fun, pistols for implanted bolts, anti-hail means, CFR alarm staples and stun staples is necessary the opinion given by the territorial labor inspectorate. + Article 21 (1) The detonating caps will be stored in buildings or underground chambers, separated from those in which the explosives themselves are stored. (2) The deposits on the surface with capacities up to 500 kg in the trotil equivalent, in which the means of initiation may be stored in the same building as explosives themselves, but in separate rooms, shall be the exception. + Article 22 The land related to surface or underground deposits of explosive materials for civil use, unbound by the mine network, as well as stockpiles of explosive matter stock must be fenced according to legal regulations. + Article 23 The security of explosive material deposits must be permanently provided with personnel equipped with firearms, under the law, except for underground deposits related to the mine network. + Article 24 ((1) Access to storage is allowed, in the presence of the manager or his replacement, only to persons with duties in management, handling and control over explosive materials. (2) During the night, access to the warehouse is prohibited. (3) It is exempted from the provisions of par. (2) the consumption deposits of the units in which the night shifts are also worked. + Article 25 (1) At all deposits shall be kept a strict record of the entry, exit and consumption of explosive materials. (2) Registered registers from deposits, as well as forms regarding the movement of explosive materials-entries, exits, consumption-have the character of documents with special regime. (3) Any lack of explosive materials must be immediately notified to the local police body and the territorial labour inspectorate. + Article 26 (1) The manager of the warehouse of explosive materials of civil use, as well as his replacement shall be designated by the head of the holding unit among the authorized artificers and shall respond, as the case may be, disciplinary, administrative, civil or criminal to Entrusted management. (2) The management of deposits of explosive materials within the manufacturing plants or stockpiles of explosive materials, as well as their substitutes, shall be designated by the heads of the holding unit only among the pyrotechnists who know and freely assume the risks to which they are subjected in the operations of handling and storing explosive materials. + Article 27 (1) The shooting works are carried out only by persons authorized as an artificer, except for those who perform the functions provided in art. 26. (. The following categories of personnel shall not be authorised as artificially: a) the qualified personnel who produce, verify and experience explosive materials at the manufacturer and at the specialized laboratories authorized for this purpose; b) personnel handling and using explosive materials in specific activities within the Ministry of National Defence, the Ministry of Internal Affairs, the Protection and Guard Service and the Romanian Intelligence Service; c) personnel handling and using explosive materials other than explosives and means of initiation and ignition. + Article 28 The conditions and requirements for the authorization of the quality of artificer and pyrotechnic are established by the technical norms regarding the holding, preparation, experimentation, destruction, transport, storage, handling and use of explosive materials used in any other specific operations in the activities of the holders, as well as the authorization of fireworks and pyrotechnists, approved by Government decision. *) ----------------- Note * *) See Government Decision no. 536/2002 for the approval of the Technical Rules on the holding, preparation, experimentation, destruction, transport, storage, handling and use of explosive materials used in any other specific operations in the activities of the holders, and authorization of fireworks and pyrotechnicians, published in the Official Gazette of Romania, Part I, no. 479 of 4 July 2002, with subsequent amendments and completions. + Article 29 (1) The employee who has been entrusted with explosive materials is not entitled, under any circumstances, to dispose of them, to use them for other purposes or to carry out operations other than those established for the performance of his duties. ((2) Any person who finds explosive materials is obliged to hand them over to the nearest police body or to indicate his whereabouts, in order for him to proceed immediately upon their erection. (3) Explosive mats retained under the conditions of para. (2) constitute delicate bodies, on the measure of confiscation to be pronounced, as the case may be, the prosecutor or the court. (4) Undetonated explosive mats following the shooting operations shall be surrendered to the artifice. + Article 30 Authorized natural or legal persons have the obligation to comply with the technical regulations and instructions of the manufacturer when storing, keeping or handling pyrotechnic articles. + Article 31 (1) The pyrotechnic articles must have inscribed in Romanian the category to which they belong, the instructions for use, the term of guarantee, as well as the dangers that arise when preserving, storing, manipulating or using them. (2) Authorized natural or legal persons have the obligation, at the justified request of the market surveillance authority, to provide it with all the information and documentation necessary to demonstrate the conformity of the product with the requirements essential security. + Article 32 (1) The sale of pyrotechnic articles shall be made only by legal persons authorized in this regard and only in the places authorized under the law. (2) The marketing spaces of the pyrotechnic articles will be set up outside the buildings with the living destination, under the conditions established by the technical norms provided in art. 28. + Article 33 The manufacture, possession, marketing, import, use or any other operation with explosive materials by unauthorized natural or legal persons shall be prohibited. + Article 34 (1) Authorized natural or legal persons may use pyrotechnic articles of entertainment only with the taking of measures to protect persons, material goods, animals and the environment. (. The use of pyrotechnic articles shall be prohibited: a) between 24,00 and 6,00, except for authorized periods, as well as events of local, national or international interest, based on the approval of local authorities; b) at a distance of less than 50 m from housing constructions up to 4 levels and less than 100 m from those with more than 4 levels; c) at a distance of less than 500 m from high-voltage electrical installations, the places of storage and delivery of liquid or solid fuels, of gas installations; d) less than that provided for by the regulations in force for chemical and petrochemical targets or for other objectives which present a fire or explosion hazard; e) in places where there is a risk of landslides, avalanches or falls of stones; f) on public roads open to road traffic, on pedestrian alleys and in open spaces with agglomerations of persons; g) at a distance of less than 500 m from forests. (3) The organization of games with entertainment pyrotechnic articles of categories 3 and 4 is allowed only if there is the agreement of the city hall, of the county emergency inspectorate or, as the case may be, of the city of Bucharest and the opinion of the county police inspectorate, respectively of the General Police Department of Bucharest, on whose radius the respective games are executed. + Article 35 The marketing of explosive materials is only after their registration in the register provided for in art. 25 25 para. (2) by the authorized economic operators concerned. + Article 36 The conditions under which natural and legal persons having their nationality, namely the nationality of a Member State of the European Union or belonging to the European Economic Area, or which are established in one or more of those States, within the meaning of Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 , may provide services in the field regulated by this law on the territory of Romania shall be established by the technical norms provided in art. 28. + Chapter IV Offences and contraventions + Article 37 It constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine: a) any operations with pyrotechnic articles carried out without right; b) the marketing of pyrotechnic articles of categories 1 and P1 to persons who have not reached the age of 18 years; c) marketing to the general public pyrotechnic articles intended to be used by pyrotechnicians. + Article 38 (1) It constitutes the following facts and is sanctioned as follows: a) non-compliance with 11 11 para. ((2), art. 15, 20, 22, 24, art. 25 25 para. ((1) and (2), art. 26 26, 28 *) and art. 29 29 para. (2) and (4), with a fine of 1,000 lei to 2,500 lei; ---------------- Note *) Currently art. 28 has a different content than the last configuration given by Law no. 262/2005 , in the sense that he does not consider an act that may constitute a contravention sanctioned with a fine. b) non-compliance with 8 8, art. 11 11 para. ((3), art. 12, 13, 14, 21, 30 and 35, with a fine of 2,000 lei to 5,000 lei; c) non-compliance with 34, with a fine of 3,000 lei to 6,000 lei; d) non-compliance with 3 3, 4, 5, 7, 9, 16, 17, 18, 19, 23, art. 25 25 para. ((3), art. 27 27 para. ((1) and art. 31, with a fine of 5,000 lei to 7,500 lei. (2) The contravention sanctions with a fine can also be applied to legal entities. In the case of legal persons, the minimum and maximum limits of fines provided in par. ((1) shall be increased by 100%. + Article 39 (1) The finding of contraventions and the application of sanctions shall be made by labor inspectors of the Labour Inspection, as well as by the police. (2) Against the minutes of finding the contravention and the application of the sanction the offender can complain within 15 days of communication. + Article 40 Contraventions provided for in art. 38 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter V Final provisions + Article 41 ((1) Control of compliance with technical obligations, as well as compliance with security measures relating to the production, preparation, processing, experimentation, possession, use, marketing, storage and transport of explosive materials shall be exercised by the designated specialist staff of the Labour Inspection and the persons specially designated by the heads of the units using explosive materials. ((2) Control of transfers of explosive materials, as well as the one on how safety requirements are ensured in these transfers shall be exercised by the specially designated personnel of the General Inspectorate of Police Roman. + Article 42 The Ministry of National Defence can participate with specialists in the execution of controls on transport, storage and handling of explosive materials, organized, in special situations, by the Ministry of Internal Affairs or by the Ministry Labor, Family, Social Protection and Elderly, at their request. + Article 43 (1) The Ministry of Labour, Family, Social Protection and Elderly, the Ministry of Internal Affairs, the Ministry of National Defence and the Ministry of Economy shall issue jointly, within 60 days from the date of publication of this Law in Official Gazette of Romania, Part I, technical norms regarding the holding, preparation, experimentation, destruction, transport, storage, handling and use of explosive materials used in any other specific operations in the activities holders, as well as the authorization of fireworks and pyrotechnists. (2) The technical rules provided in par. (1) will be approved by Government decision * *). -------------- Note **) See the footnote corresponding to the asterisk at the end of art. 28. (3) The Ministry of National Defence, at the same time, will develop its own technical norms, in compliance with the provisions of this + Article 44 This law does not apply to nuclear weapons, munitions and explosives. + Article 45 (1) This law shall enter into force 30 days after its publication in the Official Gazette of Romania * **). ------------- Note *** ***) Law no. 126/1995 was published in the Official Gazette of Romania, Part I, no. 298 298 of 28 December 1995. (2) On the date of entry into force of this Law, Decree no. 297/1977 on the regime of explosive materials in the economy as well as the regulations relating to explosive materials Decree no. 367/1971 on the regime of weapons, munitions and explosive materials is repealed. + Annex Different types of explosives and means of initiation and ignition which may be stored or transported jointly a) explosives containing nitroglycerin or nitroglycol content of more than 6%, together with safety explosives, provided that they are stored on separate shelves; b) the hexogen, together with the penthritis, the tetrum and the mixtures made with or with the troll; c) the trotile, together with explosives based on ammonium nitrate and nitroglycerin or nitroglycerol content of less than 6%, as well as with special loads on the basis of trotyl (with busts, detorques, etc.); d) black dust with smoke, of all kinds, including mechanical mixtures which have slow combustion speeds and low smoke releases, together with chlorates and perchlorates-based explosives; e) colloidal smoke-free powders; f) detonating staples of any kind, together with detonating relays and "Nonel" initiation system; g) the detonating fittings on the basis of penthritis, together with the explosives provided at lit. b) and c), and those based on hexogen, together with those of lit. b); h) the hexogen loads, together with the probe powders, used by the perforation teams at the probe. Slow-burning wicks can be stored at a place with any of the explosives provided at lit. a)-h). Also, the means of ignition of the wick can be kept at a place with explosive materials, except for those in the categories provided in lett. a), d) and e) above. The means of initiation and ignition can be transported together with explosives themselves from the warehouse to work by the artificer, as well as specially arranged vehicles. Exceptions to the above provisions on the joint keeping of explosives of different types are admitted only in: -consumption and temporary or short-term deposits with capacities up to a maximum of 200 kg of explosives; -the rooms of consumer warehouses that are set up to keep the explosives left unused by the artificers, at the end of the working exchange. ----------