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Law No. 189 Of July 2, 2015

Original Language Title: LEGE nr. 189 din 2 iulie 2015

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LEGE no. 189 189 of 2 July 2015 to amend and supplement Law no. 291/2007 on the entry, stationing, operation or transit of foreign armed forces on the territory of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 492 492 of 6 July 2015



The Romanian Parliament adopts this law + Article UNIC Law no. 291/2007 on the entry, stationing, operation or transit of foreign armed forces on the territory of Romania, republished in the Official Gazette of Romania, Part I, no. 321 of 5 May 2014, shall be amended and supplemented as follows: 1. In Article 2, letter h) is amended and shall read as follows: " h) technical arrangements mean bi-or multilateral documents which, without creating or modifying legal relations under public international law, establish the concrete conditions in which foreign armed forces enter, station, pre-position products military, equipment and materials, carry out operations or transit through the territory of Romania; " 2. In Article 2, after letter h) a new letter, letter i) is inserted, with the following contents: " i) pre-positioning means the arrangement of military products, equipment and materials from the endowment of foreign armed forces and, where appropriate, the presence of service personnel in facilities belonging to public authorities, for the purpose of preparing and/or operations. " 3. Article 3 is amended and shall read as follows: "" Art. 3. -The establishment on the territory of Romania of commands, entities/elements or foreign military structures or multinationals, as well as structures or military representations of international organizations is made: a) on the basis of the international treaties ratified by the Parliament when they contain express provisions in this regard; b) with the approval of the Parliament, at the proposal of the President of Romania, at the request of the Minister of National Defence, with the opinion of 4. In Article 4, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The prepositioning of military products, equipment and materials from the endowment of foreign armed forces is approved under the conditions provided in par. ((1). ' 5. In Article 8, paragraph 1 shall be amended and shall read as follows: "" Art. 8. -(1) The concrete conditions in which the foreign armed forces enter, are stationed, preposition military products, equipment and materials, carry out operations or transit through the territory of Romania, including the reciprocity aspects provided by the presence law, shall be established by technical agreements concluded by the Ministry of National Defence with the authorized representatives of the sending party. " 6. In Article 12, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) For operations and exercises whose scenarios include the crossing of the border under conditions other than those established in par. (3) and (4), the competent structures of the Ministry of National Defence, the Ministry of Internal Affairs, the General Directorate of Customs and, as the case may be, the Ministry of Transport customs and border control. To this end, the Ministry of National Defence shall require the foreign armed forces to transmit details of the identification documents, arms and ammunition held, as well as other goods subject to customs control. " 7. In Article 32, paragraph 1 shall be amended and shall read as follows: "" Art. 32. -(1) Within the framework of specific activities, the Ministry of National Defence may make available to the foreign armed forces, free of charge or against cost, as appropriate, polygons, land, buildings, technique, weapons, equipment and materials, as well as other goods and infrastructure elements of its own heritage. " 8. In Article 32, after paragraph (1), three new paragraphs are inserted, paragraphs 1 ^ 1 to 1 ^ 3, with the following contents: "" (1 ^ 1) By way of derogation from the provisions art. 54 54 of Law no. 346/2006 on the organization and functioning of the Ministry of National Defence, with subsequent amendments and completions, the following goods and services can be made available free of charge to the foreign armed forces, during their participation in operations, with support expenditure from the approved budget of the Ministry of National Defence under similar conditions applicable to its staff: a) workspaces; b) spaces and services for preparing and serving meals; c) accommodation in military facilities; d) storage facilities, including for the pre-positioning of military equipment and materials in support of operations; e) facilities for reception, temporary stationing and integration of forces; f) emergency medical evacuation services; g) Genistic services for logistics; h) training facilities and shooting ranges; i) recreation and restoration facilities, cultural settlements; j) other goods and services approved by the Supreme Defence Council of the Country as intended for collective defence effort. ((1 ^ 2) At the request of the Ministry of National Defence, the other public authorities provide support in order to ensure the goods and services provided in (1 ^ 1), with the support of expenses from their approved budget, when these goods and services are intended for collective defense effort. ((1 ^ 3) Details regarding the insurance of goods and services provided in par. (1 ^ 1) and (1 ^ 2) shall be established by technical agreements, with the opinion of the participating public authorities referred to in par. ((1 ^ 2). ' 9. In Article 32, after paragraph 4, two new paragraphs are inserted, paragraphs 5 and 6, with the following contents: " (5) Foreign armed forces may preposition military products, equipment and materials, under the conditions of: a) the existence of a prior notification of the Romanian authorities established according to the law, regarding the types, quantities and graphs of delivery of military equipment and goods to be prepositioned in Romania, as well as contractors who will run these deliveries; b) ensuring regular information on the existence and condition of military products, equipment and pre-positioned materials; c) information on safety, security and environmental protection conditions, related to the pre-positioning of military products, equipment and materials; d) to ensure the access of Romanian authorities to military products, equipment and pre-positioned materials, in situations of force majeure. ((6) The expenses for fulfilling the commitments made, in order to ensure the safety and security conditions related to the pre-positioning of military products, equipment and materials, shall be borne from the budget of the Ministry of 10. Article 46 is amended and shall read as follows: "" Art. 46. -(1) Whenever there is reasonable suspicion of the commission of a crime by a member of the foreign armed forces, the military authorities of the sending State or, as the case may be, the Romanian prosecution and criminal investigation bodies notified by any way notify the Romanian military authorities. (2) Romanian military authorities, notified according to par. (1), or who have become aware in any way about the commission of the offence shall notify, within 24 hours, the Ministry of Justice, which in turn shall immediately notify the Prosecutor's Office of the High Court of Cassation and Justice, with a view to taking legal measures. (3) The notification procedures shall be established by joint order of the Minister of National Defence, the Minister of Internal Affairs and the Minister of Justice. " 11. After Article 54 a new article is inserted, Article 54 ^ 1, with the following contents: "" Art. 54 54 ^ 1. -The Minister of National Defence is empowered to issue orders and instructions for the implementation of the provisions of this Law. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 2, 2015. No. 189. ----