Machine Translation of "Law No. 17 Of 7 August 1990 (Republished) Regarding The Legal Regime Of Internal Waters, Territorial Sea, The Contiguous..." (Romania)

Law No. 17 Of 7 August 1990 (Republished) Regarding The Legal Regime Of Internal Waters, Territorial Sea, The Contiguous Zone And Exclusive Economic Zone Of Romania *)

Original Language Title: LEGE nr. 17 din 7 august 1990 (republicată) privind regimul juridic al apelor maritime interioare, al mării teritoriale, al zonei contigue şi al zonei economice exclusive ale României*)

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LEGE no. 17 17 of 7 August 1990 (* republished *) on the legal regime of inland maritime waters, territorial sea, contiguous zone and exclusive economic zone of Romania *)

ISSUER

PARLIAMENT

Published in OFFICIAL MONITOR no. 252 252 of 8 April 2014

----- Note * *) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, giving the texts a new numbering. Law no. 17/1990 was republished in the Official Gazette of Romania, Part I, no. 765 of 21 October 2002 and subsequently amended and supplemented by: - Government Emergency Ordinance no. 130/2007 to amend and supplement Law no. 17/1990 on the legal regime of inland maritime waters, territorial sea, contiguous zone and the exclusive economic zone of Romania, published in the Official Gazette of Romania, Part I, no. 780 of 16 November 2007, approved by Law no. 102/2008 , published in the Official Gazette of Romania, Part I, no. 371 371 of 15 May 2008; - Government Emergency Ordinance no. 51/2011 to amend and supplement Law no. 17/1990 on the legal regime of inland maritime waters, territorial sea, contiguous zone and the exclusive economic zone of Romania, published in the Official Gazette of Romania, Part I, no. 411 411 of 10 June 2011, approved by Law no. 239/2011 , published in the Official Gazette of Romania, Part I, no. 864 864 of 8 December 2011; - 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 of 1 March 2013, as amended. + Chapter I The territorial sea and inland sea waters of Romania + Article 1 This law regulates the legal status of inland sea waters, territorial sea, contiguous zone and exclusive economic zone, in accordance with the provisions of the United Nations Convention on the Law of the Sea, ratified by Romania by Law no. 110/1996 . + Article 2 (1) The territorial sea of Romania includes the large strip adjacent to the shore or, as the case may be, inland sea waters, having a width of 12 nautical miles (22.224 m), measured from the baselines. (2) The basic lines are the lines of the greatest reflux along the shore or, as the case may be, the straight lines that unite the most advanced points of the shoreline, including the shoreline of the islands, the mooring places, the furnishings hydrotechnical and other permanent port facilities. (. The geographical coordinates of the points between which the straight lines are drawn are set out in the Annex which forms an integral part of this Law. In the case of objective developments likely to influence the points between which the basic lines are drawn, the coordinates of the new points are established by Government decision. (4) The outer boundary of the territorial sea is the line which has each point at a distance of 12 nautical miles, measured from the nearest point of the baselines. + Article 3 The territorial sea of Romania is delimited by the territorial sea of the neighboring states through agreements with each of these states, in accordance with the principles and norms of international law. + Article 4 External and lateral limits of the territorial sea, established according to art. 2 and 3, constitute the maritime state border of Romania. + Article 5 Water areas located between the seashore and the baselines laid down in art. 2 constitutes the inland maritime waters of Romania. + Article 6 (1) The inland sea waters, the territorial sea, the soil and their basement, as well as the airspace above them are part of the territory of Romania. (2) In these spaces Romania exercises its sovereignty in accordance with its domestic law, with the provisions of the international conventions to which it is a party and taking into account the principles and norms of international law. + Chapter II Contiguous area of Romania + Article 7 The contiguous area of Romania is the sea strip adjacent to the territorial sea that extends to the open sea up to the distance of 24 nautical miles, measured from the basic lines established in art. 2. + Article 8 In its contiguous area, Romania exercises control for the prevention and repression of violations, on its territory, of its laws and regulations in the field of customs, taxation, health and the passage of the state border. + Chapter III Romania's exclusive economic zone in the Black Sea + Article 9 (1) The exclusive economic zone of Romania is established in the marine space of the Romanian shore on the Black Sea, located beyond the limit of the territorial sea waters and adjacent to them, in which Romania exercises sovereign rights and jurisdiction over the natural resources of the seabed, its subsoil and the water column above, as well as the various activities related to the exploration, exploitation, protection, conservation of the environment and their management. ((2) Under the specific conditions determined by the dimensions of the Black Sea, the extent of the exclusive economic zone of Romania is established by delimitation, on the basis of agreement concluded with the neighboring states whose shores are bordering or lying face to face with the Romanian Black Sea coast, taking into account the fact that the maximum width of the exclusive economic zone, in accordance with the provisions of the United Nations Convention on the Law of the Sea, ratified by Romania through Law no. 110/1996 , may be 200 nautical miles measured from the baselines provided in art. 2. ((3) Delimitation is made in accordance with the generally recognized principles of international law and observance of the Romanian legislation, by applying, depending on the specific circumstances in each delimited sector, the principles and criteria of generally recognised delimitation, so as to reach a fair solution. + Article 10 (1) In the exclusive economic zone Romania exercises: a) sovereign rights of exploration and exploitation, protection, preservation and management of all natural biological and/or non-biological resources and other resources that lie on the seafloor, in its basement, in the water column, in the airspace of above it; b) sovereign rights regarding other activities related to the exploration and exploitation of the area for economic purposes, such as the production of energy by means of water, currents and winds; c) exclusive rights regarding the location and use of artificial islands, installations and works intended for scientific research, exploration and exploitation of natural resources in this area or for other economic purposes; Jurisdiction concerning: -the location and use of artificial islands, installations and works; -marine scientific research; -protection and conservation of the marine environment and marine fauna; e) other rights provided for in this law or in other normative acts of Romania and of the generally recognized norms of international law. (2) The sovereign rights and jurisdiction provided in par. (1) is carried out in accordance with the Romanian legislation. + Article 11 Romania can cooperate in its exclusive economic area, through its competent bodies, with the other bordering states on the Black Sea, to ensure the rational conservation, exploration and exploitation of biological resources, protection and environmental defense marine, especially in the sectors directly adjacent to this area, taking into account the specific characteristics of the Black Sea as a large semi-closed and with low biological potential. + Article 12 (1) In the exclusive economic zone of Romania all states, riparian or without seaside, enjoy, in accordance with the generally recognized norms of international law, the freedoms of navigation, of survol and of installing cables and pipes subs, as well as the freedom to use the sea for other purposes internationally bid, related to the exercise of these freedoms, in accordance with the provisions of this law and other normative acts of Romania. (2) On the axis of the route of the cables and pipes mounted in the sea, security and protection zones are established, which extend up to 1,000 meters on one side and another of it. + Article 13 (1) Romania has priority interests in relation to the stocks of anadroroma fish which are reproduced in its waters and have the main responsibility for these species, thereby exercising their rights with regard to them. (2) The Romanian competent bodies shall take measures to ensure the conservation of the stocks of these species of Anadroroma fish by appropriate action and the establishment of rules on the regulation of their fishing, including the establishment of the total catch and cooperate for this purpose with the organs of other interested states, where the mentioned species migrate beyond the limits of the exclusive economic zone of Romania. + Article 14 (1) Romania shall ensure the optimal use of fishery resources and other biological resources by taking technical or other measures to preserve and manage them in all waters within the outer limits. of its exclusive economic zone, with the consideration of the safest scientific data, and in cases where it considers it necessary, in collaboration with international organizations having competence in this field and to which Romania is or not is a member (. For that purpose, the Romanian competent bodies shall establish annually the total authorized volume of catches for each species of fish and other biological resources, adopt technical and other measures to ensure rational fishing and conservation, the protection and regeneration of biological resources, ensuring compliance with the Romanian legislation on satellite monitoring of fishing vessels, including inspection, detention, seizure and prosecution of fishing vessels which violates the sovereign rights of the Romanian state (3) The stocks of anadromous fish that reproduce in the water courses of Romania can only be fished in the waters located within the limits of its exclusive economic zone. (4) With regard to compliance with the regulations on fish stocks that habitate or cross waters located in the exclusive economic zones of other states or migrate to international waters, Romania's cooperation will be ensured by agreements specific, with a view to preserving and managing these stocks, and taking due account of its interests and responsibilities. + Article 15 (1) The Romanian competent bodies may allow the access of fishing vessels of other states in the exclusive economic zone of Romania, on the basis of agreements, under conditions of reciprocity, in compliance with the Romanian laws and regulations, as well as the norms generally recognised by international law, for the purpose of exploiting a possible surplus of the total authorised volume of catches. ((2) States participating, on the basis of agreement with Romania, to measures aimed at the renewal of stocks of Anadroroma fish and to the restoration of fishery resources and other biological resources in its exclusive economic zone, in particular by financing these measures, are taken into account with priority to the realization of the provisions of ((1). + Article 16 (1) In its economic zone, Romania has exclusive jurisdiction over artificial islands, facilities and works, including the right to exercise control for the prevention of crimes and other violations of its laws and regulations in customs, tax, health and immigration, as well as in relation to security laws and regulations. (2) Around artificial islands, installations and works in the exclusive economic zone of Romania, security and protection zones are established that extend up to 500 meters from each point of their outer limits, apart from the cases in which it is otherwise provided by generally recognised international rules. The competent Romanian bodies shall establish and establish in these areas the necessary measures to ensure the security and protection of both navigation and artificial islands, installations and works. (3) The organizations, companies, individuals and legal entities, Romanian and foreign, which have the right to place, maintain and exploit the artificial islands, the above-mentioned installations and works, are obliged to ensure and maintain operation of permanent means of warning of their existence. (4) The installation of artificial islands, the establishment of installations and works, the establishment around them of the areas of security and protection, as well as the complete or partial abolition of these installations and works shall be communicated by opinions to seafarers issued by the competent Romanian authorities, together with all data necessary to identify them. + Chapter IV Harmless passage through the territorial sea + Section A Rules applicable to all foreign vessels + Article 17 (1) The harmless passage of foreign ships through the territorial sea of Romania shall be carried out under the conditions established by this law and other regulations in force, in compliance with the norms of international law. (2) The passage is understood to navigate the territorial sea for the purpose of: a) to cross it without entering the inland sea waters or without anchoring in a laugh or making a stopover in a port facility located outside the inland sea waters; b) to enter the inland sea waters and anchor in a laugh or make a stopover in a port facility or to leave them. (3) The transition must be uninterrupted and fast. Ships will follow the sea roads, tracks and recommended passes, specified by sea maps and navigation documents. (4) During the innocuous passage, no stopping or anchoring is permitted, except when required by the needs of navigation or as a result of a case of force majeure or damage, for the rescue of persons or for the relief of vessels and aircraft in danger. + Article 18 (1) The passage of a foreign ship through the territorial sea is harmless as long as it is without prejudice to peace, public order or national security. (. The crossing shall be deemed to prejudice peace, public order or national security if such a vessel carries out, in the territorial sea or inland sea waters, one of the following activities: a) the threat of force or use of force against the sovereignty, territorial integrity or political independence of Romania or otherwise contrary to the principles of international law; b) maneuvers or exercises with weapons of any kind; c) collection of information to the detriment of national defence or security; d) propaganda that prejudices the interests of defence or national security; e) the take-off from ships, the landing or embarking on ships of any kind of aircraft; f) the launch, landing or embarkation of military technique, divers, submarines, other submersible vehicles or amphibious and any other installations capable of carrying out aquatic or underwater research; g) boarding or landing of goods, narcotic drugs and psychotropic substances, funds or persons, contrary to the laws and regulations in force, including customs, tax, sanitary or immigration; h) deliberate and serious pollution, of any nature, of water and of the marine environment, of the airspace above water or the deliberate and serious damage to marine ecosystems; i) any fishing activity or other activity of exploration or illegal exploitation of natural and biological resources; j) any activity of scientific, archaeological or hydrographic research; k) any activity that takes place in violation of international regulations in the field of radio communications or that may disrupt the operation of communication systems or any other equipment or installations; l) any other activity that does not have a direct connection with the passage or that is carried out in violation of the conditions provided in this law. + Article 19 In the territorial sea, in the inland sea waters and in the ports of Romania it is forbidden to access any ship that has on board nuclear weapons, chemical or other weapons of mass destruction, or carrying such weapons or ammunition for them, as well as any other goods or products prohibited by Romania's laws. + Article 20 Foreign ships with nuclear propulsion may enter into laughs or in ports only with the prior approval of the competent Romanian bodies, which will be requested at least 30 days before the date of entry. + Article 21 (1) Foreign nuclear-powered vessels and ships carrying radioactive substances or other hazardous substances shall be obliged, when passing through the territorial sea, to carry out the documents provided for by the agreements. international for these vessels and the cargo they carry and take the special precautions provided for by these agreements. (2) Foreign ships carrying radioactive substances or other hazardous or harmful substances or waste may pass through the territorial sea only with the approval of the competent Romanian bodies. The approval must be requested at least 30 days before the estimated date of entry into the territorial sea of Romania. (3) During the harmless passage of the vessels referred to in par. (2) the stop or anchoring is not allowed, except in the cases provided in art. 17. (4) Foreign vessels with nuclear propulsion or carrying radioactive substances or other hazardous or harmful substances or waste shall only use the navigation paths designated by the competent Romanian authority and shall comply with the Separation of prescribed traffic. + Article 22 ((1) Control of safety documents of nuclear-powered vessels and ships carrying radioactive substances or other hazardous substances, dosimetric control and other controls related to the protection of the environment shall be carried out by the competent Romanian bodies, in places determined by them. Additional controls may be carried out during the stationing of ships in ports or in laughs. (2) If the control is found that the presence of a ship may lead to dangerous consequences, the competent Romanian bodies may order that, within a specified period, that vessel leave the territorial sea. + Article 23 Foreign vessels passing through the territorial sea or stationed in shaves or ports shall not use radio navigation, hydroacoustic and radio communication equipment, electronic and optical observation systems, except for the needs of navigation and stationary safety at anchor, as well as to communicate with port authorities and to carry out radio traffic, in clear or using codes, with the Romanian stations on land, according to the rules and procedures provided for in Regulation (EC) No 75/2002 of the European Union Telecommunications. + Article 24 The competent Romanian bodies will take the necessary measures to prevent any violation of the conditions established by the regulations in force regarding the admission of foreign vessels in inland sea waters or port facilities and will use any legal means, including coercion to prevent the passage of any foreign vessel through inland sea waters or territorial sea, if such passage is not harmless. + Article 25 (1) The competent Romanian bodies may temporarily suspend, in certain areas of the territorial sea, the harmless passage of foreign vessels, whenever this suspension is required by the security of the country or is necessary in order to be able to execute military exercises. (2) Measures to suspend the harmless passage provided in par. (1) will be published in "opinions for seafarers" issued by the competent Romanian bodies. + Section B Rules applicable to foreign vessels used for commercial purposes + Article 26 (1) The criminal jurisdiction of Romania shall apply with respect to any offence committed on the Romanian territory by persons on board foreign vessels used for commercial purposes, as well as with regard to any offence committed on board such a ship, when it is in the Romanian ports or in the inland sea waters. (2) The criminal jurisdiction of Romania will not be exercised on board a foreign ship used for commercial purposes, which passes through the territorial sea, with regard to a crime committed on board it, except when: a) the crime was committed by a Romanian citizen or a person without citizenship who is domiciled on the territory of Romania; b) the crime is directed against the interests of Romania or against a Romanian citizen, or of a person resident on the territory of Romania; c) the offence is likely to disturb public order and tranquility in the country or order in the territorial sea; d) the exercise of the Romanian jurisdiction is necessary for the repression of illicit trafficking of narcotic drugs or psychotropic substances; e) the assistance of the Romanian authorities was requested, in writing, by the captain of the ship or by a diplomatic agent or a consular official whose flag flies the ship. + Article 27 The criminal jurisdiction of Romania also applies to the violation of the provisions of this law on the exclusive economic zone of Romania by persons boarded on board foreign ships used for commercial purposes, if the facts are committed in such conditions that, according to the criminal law, they are considered crimes. + Article 28 The criminal jurisdiction on board a ship under the flag of a State with which Romania has concluded a consular convention or another similar agreement shall be exercised in compliance with their provisions. + Article 29 (1) In the exercise of Romania's jurisdiction the competent Romanian bodies will be able to order, in accordance with the legal provisions in force, the detention or seizure of a foreign ship used for commercial purposes and will be able to take enforcement measures forced against such a vessel found in the territorial sea, inland sea waters or contiguous area of Romania, in order to ensure the performance of the contracted obligations or other obligations undertaken by that vessel during or in link to its passage through the territorial sea or inland sea waters of Romania, as well as for other claims resulting from navigation events that had as a result of damage to the ship or cargo, or resulting from approaches, assistance or rescue, as well as for compensation, taxes and the like. ((2) In the case of violation of the sovereign rights of the Romanian state of exploration, exploitation, protection, conservation and management of the environment and biological resources in the exclusive economic zone, the Romanian authorities will be able to take the necessary measures compliance with the Romanian legal provisions in force and with the international conventions to which Romania is a party, including the inspection or detention of a foreign ship used for commercial purposes. The vessel retained and its crew will be released immediately after the filing of a bail or other appropriate security. + Section C Rules applicable to foreign military vessels, submarines and other submersible vehicles, as well as to other state vessels used for government services + Article 30 (1) Foreign military vessels, submarines and other submersible vehicles, as well as foreign-flagged vessels used for government services may enter the territorial sea, in ports and laugh only with the prior approval of the Romanian Government, Except for cases of damage or storm shelter. ((2) The approval is requested at least 30 days before the date on which the passage through the territorial sea or the visit of ports or rades would take place, except when between Romania and the flag state it was agreed otherwise. + Article 31 Submarines and other foreign submersible vehicles passing through the territorial sea are required to navigate the surface and fly the national flag. Those that will be in immersion will be constrained to surface. If, because of a damage they cannot surface, they are obliged to signal, by all means, about the situation they are in. + Article 32 If a foreign military ship violates Romania's laws and regulations in inland sea waters or in the territorial sea and does not take into account the warning given to it to comply with them, it will be ordered to leave the territorial sea immediately of Romania. + Article 33 Liability for any damage or damage caused by a foreign military vessel or any other state vessel used for government services or for non-commercial purposes, as well as by persons belonging to the crew of these vessels, during the time when that vessel was in ports, inland sea waters, territorial sea and the exclusive economic zone of Romania, lies with the State under whose flag the vessel is located. + Article 34 Subject to the exceptions provided for in Section A and the conditions of art. 30-33, foreign military ships and other foreign state ships used for government services enjoy immunity from jurisdiction during the time they are in ports, inland sea waters and the territorial sea of Romania. + Chapter V Right of prosecution outside the territorial sea + Article 35 (1) A foreign ship used for commercial purposes can be traced outside the territorial sea of Romania and may be retained to be held liable, if there are reasonable grounds to believe that the ship violated laws and regulations. Romanian during the time it was in the inland sea waters, in the territorial sea, in the contiguous area or in the exclusive economic zone of Romania. ((2) The pursuit may begin when the foreign ship or one of its boats is found in the inland sea waters, in the territorial sea or in the contiguous area of Romania and cannot be continued beyond the limits of the territorial sea or the contiguous zone, unless it is not interrupted. ((3) The pursuit begins when the foreign ship does not comply with the stop signal and can continue, without interruption, until the entry of the ship tracked into the territorial sea of its own state or another state. (4) The ship retained according to the provisions of this article can be headed to the nearest Romanian port, for research and application of sanctions. (5) If a vessel has been retained outside the territorial sea, in circumstances which do not justify the exercise of the right of pursuit, it shall be compensated for any loss or damage suffered as a result of this action. (6) The right of pursuit can only be exercised by the ships and aircraft of the Ministry of National Defence and the Ministry of Internal Affairs, authorized for this purpose. + Article 36 (1) The right of tracking provided for in art. 35 applies also in the case of violation by a foreign ship, used for commercial purposes, of the Romanian legislation on the exclusive economic zone of Romania in the Black Sea. (2) In this case, the pursuit may begin only when the foreign ship in question or one of its boats is found in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania. + Chapter VI Scientific research in the territorial sea and the exclusive economic zone of Romania + Article 37 The scientific research activity, as well as the prospecting and the arrangement of navigation in the territorial sea of Romania is carried out by the specialized Romanian institutions, based on the approved programs and projects and with the opinion of the bodies Romanian skills + Article 38 Foreign natural or legal persons may participate in scientific research in the territorial sea of Romania only with the express authorization of the Romanian bodies, according to the provisions of the legislation in force and the specific conditions established by them. + Article 39 (1) The marine scientific research in the exclusive economic zone of Romania shall be carried out only with the authorization of the competent Romanian bodies, in accordance with the Romanian legislation, taking into account the international conventions to which Romania is a party. (2) Scientific research in the exclusive economic zone of Romania, carried out for exclusively peaceful purposes and for the widening and deepening of scientific knowledge in the marine field, for the benefit of all mankind, can also be done by foreign states or international organizations, as well as by foreign natural or legal persons, but only with the prior consent of the Romanian competent bodies. The latter have the right to refuse, in a discretionary manner, the execution of a marine scientific research project in the exclusive economic zone of Romania in the following cases: a) whether the project has a direct impact on the exploration and exploitation of natural, biological or non-biological resources; b) if the project provides for drilling on the seabed, the use of explosives or the introduction of harmful substances into the marine environment; c) if the project provides for the construction, operation or use of artificial islands, installations and works provided for in art. 16 16; d) if the data and information on the project, its nature and objectives are inaccurate or if the author or beneficiary of the project did not pay the obligations contracted by a previous research project, compared to the Romanian state; e) if there are indications or good reasons that lead to the conclusion that the project may affect the sovereign rights and the jurisdiction of Romania over its exclusive economic zone provided by this Law and the provisions international law. + Article 40 Foreign states, international organizations with competence in this field, as well as foreign individuals and legal entities intending to undertake marine scientific research in Romania's exclusive economic zone are required to provide the Romanian competent bodies, at least 6 months before the proposed date for the commencement of the marine scientific research project, all the information they request. + Article 41 In conducting marine scientific research in the exclusive economic zone of Romania, foreign states, international organizations with competence in this field, as well as foreign natural and legal persons who have obtained the consent of the Romanian bodies the powers for that purpose are to: a) to ensure the participation of the representatives of the Romanian state in the marine scientific research works, including on board ships and other marine scientific research craft; b) allow the Romanian competent bodies, at their request, access to all samples and data obtained in the framework of marine scientific research and submit to them the preliminary reports, the final results and the conclusions after the conclusion research, as well as the data that can be reproduced and the samples that can be fractionated; c) provide the Romanian competent bodies, at their request, an evaluation of the data, samples and research results and help them with their interpretation; d) not to disseminate the results of research, even partially, internationally, on national or international paths, without requesting and without obtaining the consent of the Romanian competent bodies; e) to raise the facilities and materials used, after the cessation of scientific research activity, unless otherwise agreed; f) not to affect in any way through the activity carried out by the sovereign rights and the jurisdiction of Romania over the territorial sea and its exclusive economic zone provided for in this Law. + Article 42 (1) The competent Romanian bodies have the right to request the suspension of the ongoing scientific research works in the exclusive economic zone of Romania, for the following situations, if they are not removed within a set for this purpose: a) the works are not carried out in accordance with the information communicated according to 40, based on which the Romanian competent bodies have given their consent; b) the competent international state or organization or foreign natural and legal persons carrying out the respective works do not comply with the provisions of 41. (2) The competent Romanian bodies have the right to request the termination of all marine scientific research works in all cases where non-compliance with art. 40 amounts to an important change in the project or research work. (3) The suspension order given according to the provisions of para. (1) can be revoked by the Romanian competent bodies, and the scientific research project will be able to continue as soon as the competent international state or organization or the natural and legal persons carrying out these research works The marine scientific has complied with the conditions laid down in art. 40 40 and 41. + Chapter VII Marine environment protection + Article 43 (1) The prevention, reduction and maintenance of pollution of the marine environment, caused or linked to activities in inland sea waters, in the territorial sea, in the exclusive economic zone and in the atmosphere above them, shall be perform in accordance with the Romanian legislation in force and with the international conventions to which Romania is a party. (2) The competent Romanian bodies establish rules and take measures to protect and preserve the marine environment, as well as to prevent, reduce and control marine environmental pollution and in relation to maintaining security and the protection of navigation specific to that area and ensures their compliance with and application in ports, inland sea waters, territorial sea and the exclusive economic zone of Romania. ((3) The measures taken pursuant to the provisions of this Chapter concern all sources of pollution of the marine environment. They shall include, in particular, measures limiting: a) the evacuation of toxic, harmful or harmful substances, especially non-degradable substances, coming from terrestrial sources, from the atmosphere or through the atmosphere or through immersion; b) pollution by ships, in particular measures to prevent accidents and to cope with emergency cases, ensure the security of operations at sea, prevent spills, whether intentional or not, and to regulate the design, construction, equipping and operation of ships and the composition/structure of their affected personnel c) pollution from installations or apparatus used for the exploration or exploitation of natural resources at the bottom of the sea and its basement, in particular measures to prevent accidents and to cope with cases of emergency, ensure the security of operations at sea and regulate the design, construction, equipping and operation of these facilities and equipment and the composition/structure of their affected personnel; d) pollution from other installations or appliances operating in the marine environment, applying measures to prevent accidents and to cope with emergency cases, ensure the security of operations at sea, and regulate the design, construction, equipping and operation of these facilities and equipment and the composition/structure of their affected personnel. ((4) The measures taken in accordance with the provisions of this Chapter also include those measures necessary to protect and preserve the rare or delicate ecosystems and the living environment of the species and marine organisms the number of which is in decrease, which are threatened or endangered. + Article 44 It is prohibited, according to the legislation in force, to pollution from any nature of the inland sea waters, the territorial sea and the exclusive economic zone, and to the atmosphere above them, by any means or means, such as: discharge, the dumping, sinking or release from ships or other floating, submersible or fixed installations on aircraft, and by sources on the shore of non-degradable, toxic, radioactive, hydrocarbons, or waste substances or waste of other harmful substances, harmful or dangerous to human health or to flora and fauna of the sea, or other residues or materials that can cause damage to the Romanian shore or create obstacles to the legitimate use of the sea. + Article 45 (1) If there are reasonable grounds to believe that a ship used for commercial purposes, which is in inland sea waters or in the territorial sea or which has passed or sails through the exclusive economic zone of Romania, has violated the provisions of the Romanian legislation or the international rules on the prevention, reduction and maintenance of pollution of the marine environment, the competent Romanian bodies are entitled to ask the respective vessel for explanations in relation to the facts that are imputed, as well as to inspect this ship, if it would refuse to submit the explanations requested or if the explanations received do not tally with the facts, and when the evidence justifies it, to file a judicial action in relation to this violation, in accordance with the Romanian legislation, and, among other measures necessary, to order, subject to the rules of international law, to retain the ship. ((2) If there is obvious evidence that a ship used for commercial purposes, which is in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania, has violated the provisions of the Romanian legislation or the rules international prevention, reduction and control of marine environmental pollution, by immersion or discharges of non-degradable, toxic, radioactive, hydrocarbons and other harmful substances, harmful or dangerous to human health or to the flora and fauna of the sea, which produced or risk to produce, through pollution, risks and damages important to the Romanian shore or to the interests of the Romanian state or to any resources in its inland maritime waters, its territorial sea or its exclusive economic zone, the competent Romanian bodies are entitled to file a judicial action in relation to this violation, in accordance with Romanian law, and to order, subject to the rules of international law and whether the evidence justifies it, the detention of the ship. + Article 46 If a foreign ship used for commercial purposes is in a Romanian port or at a terminal facility offshore, the Romanian competent bodies may initiate legal proceedings in relation to any violation made by this ship, and if the ship is located in inland sea waters, in the territorial sea, in the contiguous area or in the exclusive economic zone of Romania, can be traced and retained in accordance with the provisions of art. 29 29, 35 and 36. + Article 47 (. For the purposes of this Law: 1. the pollution of the marine environment means the introduction by any natural or legal person, directly or indirectly, of substances or energy into the marine environment, when it has or may have harmful effects, such as damage to resources biological, marine fauna and flora, risks to human health, hindrances to marine activities, including fishing and other legitimate uses of the sea, alteration of the quality of the sea water in terms of its use and degradation of its recreational values; 2. by immersion is understood: a) any deliberate evacuation of waste or other materials from ships, aircraft, platforms or other works placed at sea; b) any sea-taking of ships, aircraft, platforms or other works; 3 3. by the Marpol 73/78 Convention means the International Convention of 1973 for the Prevention of Pollution from Ships, as amended by the Protocol concluded in London on 17 February 1978, to which Romania acceded by Law no. 6/1993 , in its updated version; 4. by discharge means any evacuation from a ship, whatever its cause, as defined in art. 2 2 of the Marpol 73/78 Convention; 5. the vessel shall mean any maritime construction, irrespective of the flag, including the carrying-wing craft, the air-cushion vehicles, the submersibles, the floating means and the fixed or floating platforms; 6. the substances referred to in Annexes I (Hydrocarbons) and II (Harmful Liquid Substances in Bulk) to the Marpol 73/78 Convention shall be understood by polluting substances; 7. by legal person means any legal entity having this status under the national law in force, except for states or public bodies acting in the exercise of the authority of the State, as well as of organizations public international. (2) The term immersion, in the meaning of ((1) pt. 2 2, shall not cover: a) the disposal of waste or other materials directly or indirectly from the normal operation of ships, aircraft, platforms or other works placed at sea, and their equipment, with the exception of waste or other materials carried by vessels or transhipped on ships, aircraft, platforms or other works placed at sea, which are used for the disposal of such materials or from the treatment of such waste or other materials on board such vessels, aircraft, platforms or works; b) the storage of subjects for a purpose other than their simple disposal, provided that this storage does not contravene the purposes of this law. + Article 48 ((1) If in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania there is a collision of ships, a failure or another maritime damage, and the actions related to such an event may have consequences harmful for the marine environment and fauna, as well as for inland sea waters, territorial sea, exclusive economic zone or for the Romanian shore, the competent Romanian bodies are entitled to adopt the necessary measures, corresponding to the damage effective or with the threat it poses, for the purpose of defending against pollution or threat with pollution, and ensure compliance with these measures beyond the limits of the territorial sea. (2) The exemption of waste in the territorial sea, the exclusive economic zone of Romania or on the continental shelf of Romania, as defined in art. 76 of the United Nations Convention on the Law of the Sea, cannot take place without the prior express consent of the competent Romanian bodies; they have the right to authorize, regulate and control this sinking, after having examined in the manner The problem with the other states for which this sinking can, due to their geographical situation, cause harm to them and their environment. + Chapter VIII Sanctions + Article 49 (1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine the discharge of polluting substances from a ship in: a) inland sea waters or port aquariums, in which the Marpol 73/78 Convention applies; b) territorial sea; c) the exclusive economic zone or equivalent area established in accordance with international law; d) the high seas. (2) The breastfeed provided in par. (1), committed at fault, shall be punished with imprisonment from one month to one year or fine. (3) The fit provided in par. ((1) which has caused a significant deterioration in the quality of the waters or significant damage to marine life is punishable by imprisonment from one year to 5 years. (4) The fit provided in par. (3), committed at fault, is punishable by imprisonment from 6 months to 3 years or with a fine. + Article 50 Insofar as it does not contravene the provisions of international law, the criminal jurisdiction of Romania also applies to the facts provided in art. 49 committed from foreign ships: a) in the exclusive economic zone of Romania or in an equivalent area established in accordance with international law; b) outside the territory of Romania and of the exclusive economic zone, but which have caused or risk causing pollution on its territory or in its exclusive economic zone, and the ship is voluntarily in a port or terminal offshore of Romania; c) on the high seas, and the ship is voluntarily in a port or terminal offshore of Romania. + Article 51 (1) In application of art. 230 230 para. 1 of the United Nations Convention on the Law of the Sea, concluded at Montego Bay (Jamaica) on 10 December 1982, ratified by Law no. 110/1996 , the facts provided in art. 49 committed from a foreign ship outside the territory of Romania shall be punished with a fine in cases where the criminal jurisdiction of Romania applies according to the rules of national or international law. (2) In application of art. 230 230 para. 2 of the United Nations Convention on the Law of the Sea, concluded at Montego Bay (Jamaica) on 10 December 1982, the facts provided in art. 49 49 para. ((1), (2) and (4) committed from a foreign ship in the territorial sea of Romania shall be punished with a fine. + Article 52 (1) Do not fall under art. 49 and 51 discharges of polluting substances originating from warships, auxiliary warships, and other vessels belonging to the Romanian State or to another State or operated by it and used at the time of the exclusive discharge for a public service, non-commercial. (2) Do not fall under art. 49 49 and 51 discharges of polluting substances which were produced under the conditions laid down in Rules 15, 34, 4.1 or 4.3 of Annex I revised or by Rules 13, 3.1.1 or 3.1.3 of the revised Annex II to the Marpol 73/78 Convention. (3) Do not fall under art. 49 49 and 51 acts committed by the owner, the master or crew of the ship, if the discharge of polluting substances was produced under the conditions laid down in Regulation 4.2 of the revised Annex I or Rule 3.1.2 of the revised Annex II to the Marpol Convention 73/78 73/78. + Article 53 (1) If the Romanian Naval Authority finds the commission of a crime provided by this law or is aware of the risk of committing such a crime that causes or may cause imminent pollution, it must inform the immediately the other Member States likely to be exposed to such damage, as well as the European Commission. ((2) If the Romanian Naval Authority finds the commission of a crime provided for by this law or is aware of the risk of committing such a crime, which may be subject to the jurisdiction of another Member State, it must inform as soon as that Member State is concerned. (3) The Romanian Naval Authority shall immediately notify the flag state of the ship or any other state concerned of the measures taken in application of the provisions of this Law. + Article 54 ((1) In the case of offences attracting the competence of several Member States, Romania, through the competent central authorities, will cooperate with the Member States concerned, in particular with regard to the establishment of the conditions of criminal prosecution, and rules on mutual legal assistance. (2) The central public authority for environmental protection shall inform the General Secretariat of the Council of Romania's decision to apply its criminal jurisdiction for the offences provided for by this Law, committed by one of the its nationals, if they can be punished criminally at the place where they were committed or if the place where they were committed does not fall under any territorial jurisdiction, as well as for the offences committed for the benefit of the a legal person whose registered office is situated on its territory. + Article 55 The Romanian Naval Authority is designated as a point of contact, especially for the exchange of information provided for in art. 53. It will send its contact details to the European Commission. + Article 56 In the case of crimes referred to in 49, the finding of their commission and the criminal investigation return to the prosecution bodies. + Article 57 (1) It constitutes the following facts, if they are not committed under such conditions as to be considered, according to the criminal law, crimes: a) violation of the prohibition provided for in 19 19; b) illegal bringing into the country, for the purpose of dumping, throwing or sinking into the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania or of the release into the atmosphere above them, from the ships or from other floating or fixed installations, of aircraft or submersible vehicles, of non-degradable, toxic, radioactive, hydrocarbons or other harmful substances, harmful or hazardous to human health or to the flora and the fauna of the sea, or of other residues or materials that may cause damage to the Romanian shore or create obstacles to the legitimate use of the sea, including for tourism purposes; c) industrial fishing or other activity of illegal exploration and exploitation of the natural and biological resources of the inland sea waters, of the territorial sea or of the exclusive economic zone of Romania, including the seabed and the subsoil in these areas; d) the approach of a ship in inland sea waters, in the territorial sea or its failure to shore; e) entry into Romanian ports, without the approval of the competent Romanian bodies, of nuclear-powered vessels; f) failure to submit documents provided for by international agreements for ships carrying radioactive or toxic substances or other dangerous substances, and failure to take the precautionary measures provided for in these agreements; g) performing, without the authorization of the competent Romanian bodies or in violation of the conditions established in the authorization, of scientific research activities, of prospections or other activities in the inland sea waters, in the territorial sea or in the exclusive economic zone of Romania; h) embarkation or disembarkation of persons or goods outside the ports or places where such operations are authorized; i) unauthorized entry of a ship in a declared port closed or in an area of the territorial sea where the harmless passage has been temporarily suspended; j) violating the restrictions provided in art. 23 23; k) violation of prohibitions provided in art. 18 18 para. ((2) lit. e), f) and k); l) non-compliance with the rules established by the competent Romanian bodies regarding the security of navigation and the protection of installations, other equipment, telecommunications cables and submarine pipelines, in inland sea waters, in the sea territorial or exclusive economic zone of Romania; m) creation of artificial islands, installation of installations and works in the exclusive economic zone of Romania; n) non-compliance with the opinions for seafarers and signings on the installation of artificial islands, the location of installations and works in the exclusive economic zone of Romania; o) failure to provide facilities and other equipment with permanent means of warning of their presence, violation of the norms for maintaining these means in good condition of operation and liquidation of facilities and equipment whose use was definitively prohibited in the exclusive economic zone of Romania. (2) Contraventions provided in par. ((1) lit. a)-h) is sanctioned with a fine of 8,000 lei to 40,000 lei, and those provided in par. ((1) lit. i)-o), with a fine of 2,000 lei to 10,000 lei, the sanctions being applicable at the place of finding the contravention facts. + Article 58 (1) If the facts provided in art. 57 57 para. ((1) lit. a)-g) caused significant damage or caused other serious consequences or were repeatedly committed, the sanction is fine from 20,000 lei to 40,000 lei. (2) For the facts provided in art. 57 57 para. ((1) lit. b) and c) the sanction can be, depending on the severity of the consequences and the extent of the damage, the fine from 40,000 lei to 150,000 lei. (3) In particularly serious situations, the competent Romanian bodies may order, as complementary measures, the confiscation of the ship, the installations, the fishing gear, the equipment and other objects from the offender, used to commit the contravention. (4) The goods acquired by committing the contravention shall be confiscated. ((5) Sanctions shall also apply to legal persons. + Article 59 The facts provided in art. 57 57 para. ((1) lit. d), h), i) and j), if they have been committed for the purpose of guaranteeing the security of the ship or the navigation or saving of human lives or in order to avoid damage to the ship or cargo. + Article 60 (1) Contraventions shall be found and the penalties shall be applied, in accordance with the regulations in force, by personnel with supervision and navigation control tasks within the Ministry of Transport, by personnel specially empowered by the Minister of National Defence, the Minister of Home Affairs, the Minister of Environment and Climate Change, the Minister of Agriculture and Rural Development and the Minister of Health as well as other persons specially empowered by law. (2) Against the minutes of contravention, a complaint can be made, within 15 days from the date of communication, to the Maritime and River Section of the Constanța Court. + Article 61 The application of fines for contraventions does not exempt the offender from the indemnity obligation for damages caused by land, in inland sea waters, in the territorial sea and in the exclusive economic zone of Romania, in accordance with Romanian legislation. + Article 62 Fines imposed on foreign natural or legal persons shall be paid in convertible currency, by converting the fines from lei in foreign currency to the official exchange rate from the moment of committing the contravention. + Article 63 Contraventions provided for in art. 57 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, except art. 28 28 and 29. + Article 64 (1) In the event of committing acts for which the Romanian law provides for the arrest of the master of the foreign ship or its detention, the competent Romanian bodies shall immediately notify the consular office or the diplomatic mission of the flag state about measures taken. (2) The retained vessel and its crew will be released as soon as an appropriate bail has been filed, according to the legal regulations in force. The bail will be set in lei and will be paid in convertible currency, by converting the amount of lei in foreign currency to the official exchange rate from the date of committing the contravention. + Article 65 The bodies of the Ministry of National Defence and the Ministry of Internal Affairs will ensure the application 30 30-32 and art. 35 and will provide support to other state bodies competent to apply measures of coercion against foreign ships in the territorial sea and in the exclusive economic zone of Romania, based on the provisions of this law. + Chapter IX Final provisions + Article 66 The territorial sea term, as defined in art. 2, replaces the term territorial waters used in the legal provisions prior to this law. + Article 67 This law shall enter into force after 90 days from the date of its publication in the Official Gazette of Romania, Part I. + Article 68 On the date of entry into force of this Law, the Decree no. 39/1956 for the regulation of the territorial waters regime, published in the Official Bulletin, Part I, no. 3 3 of 28 January 1956, as well as any other provisions to the contrary. * This law transposes art. 2-5 2-5, art. 8 8 and 16 of Directive 2005 /35/EC of the European Parliament and of the Council of 7 September 2005 on ship-related pollution and the introduction of sanctions in case of infringement, published in the Official Journal of the European Union (JOUE) no. L 255 of September 30, 2005, and art. 1 1 section 3 3 and 4 of Directive 2009 /123/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2005 /35/EC on pollution caused by ships and the introduction of sanctions in case of infringement, published in the Official Journal of the European Union (JOUE), L series, no. 280 280 of 27 October 2009. + Annex GEOGRAPHICAL COORDINATES of the points between which the basic straight lines are drawn, from which it is measured width of Romania's maritime spaces Segment Points Geographical coordinates of points latitude (phi) Longitude (lamda) A 1 45 ° 10 '51 "29 ° 45' 56" 2 45 ° 08 '42 "29 ° 46' 20" B 2 As in segment A 3 44 ° 50 '28 "29 ° 36' 52" C 3 Line of the highest reflux 4 D 4 44 ° 46 '52 "29 ° 31'48" 5 44 ° 43' 38 " 29 ° 03 '10 "E 5 As in segment D 6 44 ° 31'26" 28 ° 52' 26 "F 6 As in segment E 7 44 ° 07 '15" 28 ° 41'50 "G 7 As in segment F 8 43 ° 59' 14" 28 ° 40 '09 "H 8 As in segment G 9 43 ° 44' 20" 28 ° 34 ' 51 " -----

Law No. 17 Of 7 August 1990 (Republished) Regarding The Legal Regime Of Internal Waters, Territorial Sea, The Contiguous Zone And Exclusive Economic Zone Of Romania *)

Original Language Title: ﻿ LEGE nr. 17 din 7 august 1990 (*republicată*) privind regimul juridic al apelor maritime interioare, al mării teritoriale, al zonei contigue şi al zonei economice exclusive ale României*)

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Original Language Title: LEGE nr. 17 din 7 august 1990 (republicată) privind regimul juridic al apelor maritime interioare, al mării teritoriale, al zonei contigue şi al zonei economice exclusive ale României*)