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Law No. 331 Of 16 December 2015 For Modification And Completion Of Some Legal Acts In The Field Of Aliens

Original Language Title: LEGE nr. 331 din 16 decembrie 2015 pentru modificarea şi completarea unor acte normative în domeniul străinilor

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LEGE no. 331 331 of 16 December 2015 amending and supplementing certain normative acts in the field of foreigners
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 944 944 of 21 December 2015



The Romanian Parliament adopts this law + Article I Law no. 122/2006 on asylum in Romania, published in the Official Gazette of Romania, Part I, no. 428 of 18 May 2006, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2 (1), after letter b) two new letters, letters b ^ 1) and b ^ 2) are inserted, with the following contents: "" b ^ 1) applicant requiring special procedural guarantees-an applicant for international protection whose ability to benefit from the rights and to fulfil the obligations laid down by this law is limited as a result of circumstances individual who may be due, inter alia, to the age, sex, sexual orientation, gender identity, disability, serious illness, mental illness or disorder or as a result of torture, rape or other serious forms of violence. psychological, physical or sexual, etc.; b ^ 2) applicant requiring special reception conditions-vulnerable person, in accordance with art. 5 ^ 1, which needs special guarantees to benefit from rights and meet its obligations under this law; ". 2. In Article 2 (1), after letter o) two new letters, letters p) and q) are inserted, with the following contents: " p) reception conditions-all measures taken by the Romanian State in favour of applicants for international protection, in accordance with this Law; q) material reception conditions-assistance to applicants for international protection, including accommodation, food, maintenance and hygiene materials, clothing and shoes, transport, which may be granted in kind, in the form of allowances financial or vouchers or through a combination of these 3 elements, under conditions established by Government decision. " 3. In Article 3, after paragraph (3), four new paragraphs are inserted, paragraphs 3 and 1-(3 ^ 4), with the following contents: " (3 ^ 1) In application of the provisions of this Law, the General Inspectorate for Immigration may use interpreters and certified translators under the conditions Law no. 178/1997 for the authorization and payment of interpreters and translators used by the Superior Council of Magistracy, the Ministry of Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate, the prosecution bodies criminal, by the courts, offices of public notaries, lawyers and bailiffs, with subsequent amendments and completions, for performing interpretation and/or translating in and out of foreign languages, to request forensic or other expertise, as well as consult specialists. ((3 ^ 2) Payment of interpreters and translators referred to in par. ((3 ^ 1) is made under the conditions Law no. 178/1997 , with subsequent amendments and completions. (3 ^ 3) Interprets and translators referred to in par. (3 ^ 1) travelling in a locality other than the domicile, for carrying out the works requested by the General Inspectorate for Immigration, benefit from transport expenses and, as the case may be, accommodation and delegation allowance, according to the legal provisions applicable in budgetary units. ((3 ^ 4) If no authorized interpreters or translators can be used under the conditions Law no. 178/1997 , with subsequent amendments and completions, the General Inspectorate for Immigration may use trusted persons who know the languages of/and in which the translation and/or interpretation of the respective language is made, the provisions of par. ((3 ^ 2) and (3 ^ 3) applying properly. In the case of the use of trusted persons for translation and/or interpretation the consent of the applicant for international protection is necessary 4. In Article 3, paragraph 5 shall be amended and shall read as follows: "" (5) On the basis of decisions adopted at European Union level or bilateral agreements concluded by Romania with other Member States of the European Union, the Ministry of Internal Affairs, through the General Inspectorate for Immigration, may propose the takeover by Romania of the following categories of foreigners: a) refugees located in the territory of third countries, whose status has been recognised in accordance with the Geneva Convention; b) asylum-seekers or beneficiaries of subsidiary protection granted by a Member State of the European Union. " 5. In Article 3, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: " (5 ^ 1) The number and conditions for taking over the foreigners referred to in par. (5) shall be established by Government decision. These persons have the same rights and obligations in Romania as applicants who have applied for asylum in Romania, namely beneficiaries of international protection in Romania. " 6. Article 4 is amended and shall read as follows: "" ARTICLE 4 Access to the asylum procedure The competent authorities shall ensure access to the asylum procedure to any foreign or stateless citizen, on the territory of Romania or at the border, from the moment of manifestation of will, expressed in writing or orally, showing that he requests protection of the Romanian state, except in the situations referred to in 50 ^ 1, art. 91 91 para. ((2) lit. b), art. 95 95 para. ((2), art. 96 96 para. ((2), art. 97 97 para. ((2) and in art. 120 120 para. ((2) lit. a). " 7. Article 5 ^ 1 is amended and shall read as follows: "" ARTICLE 5 ^ 1 Vulnerable persons situation (1) The application of the provisions of this law shall be made with the consideration of the special needs of vulnerable persons (2) In the category of vulnerable persons minors, unaccompanied minors, persons with disabilities, elderly persons, pregnant women, single parents accompanied by their minor children, victims of human trafficking, persons who suffer from serious conditions, people with mental illness and people who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, or in other special situations. (3) For the purposes of this law belonging to the category of vulnerable persons shall be determined after the application for asylum, as soon as possible, by specialists from the General Inspectorate for Immigration, based on an evaluation individual. In order to carry out the individual assessment and take appropriate measures to ensure the rights and guarantees provided for by this Law, the competent authorities shall provide expert support at the request of the General Inspectorate for Immigration. (4) If vulnerable persons with special needs have been identified, the specialist staff of the General Inspectorate for Immigration shall carry out assessments for the purpose of identifying special needs and shall order the appropriate measures for the purpose of to ensure the rights and guarantees provided for by this Law during the asylum procedure. (5) In the administrative phase of the asylum procedure, the acts drawn up prior to the finding of special needs will be restored and/or completed, only if necessary for the proper settlement of asylum applications. (6) The General Inspectorate for Immigration shall monitor the situation of applicants with special reception needs and, together with the competent authorities, shall ensure that their assistance is provided throughout the asylum procedure. " 8. After Article 12, two new articles are inserted, Articles 12 ^ 1 and 12 ^ 2, with the following contents: "" ARTICLE 12 ^ 1 Staff training (1) The General Inspectorate for Immigration shall ensure the specific training of staff with competence in the field of asylum and integration, through training programmes at work and training in vocational training institutions of the Ministry of Internal Affairs. Relevant preparatory resources, including those developed by the BESA, are being considered for this purpose. (. Training and training programmes shall include aspects relating to: a) international and European Union law on human and asylum rights; b) the processing of applications for international protection of vulnerable persons; c) identification mechanisms and assistance to vulnerable persons; d) interviewing techniques; e) the use of expertise in the asylum procedure; f) supply and use of information from the country of origin; g) the procedure for determining the Member State responsible for analysing the application for asylum. ARTICLE 12 ^ 2 Training of staff of other competent bodies to receive asylum applications The General Inspectorate for Immigration provides the staff of the authorities provided for in 35 35, competent with the receipt of applications for international protection, the relevant information and the appropriate preparation for the performance of these duties, within the professional training institutions of the Ministry of Internal Affairs. 9. In Article 13 (1), point b) shall be amended and shall read as follows: " b) consultation of the information in the country of origin and, if necessary, of the transited countries, obtained from different sources, necessary for the assessment of the personal situation of the asylum seeker. ' 10. in Article 13, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) An application for asylum may not be rejected solely on the grounds that it has been filed late. " 11. In Article 16, paragraph 2 shall be amended and shall read as follows: " (2) The General Inspectorate for Immigration shall take measures to appoint, as soon as possible, a legal representative to assist the unaccompanied minor asylum seeker during the asylum procedure, including during the first country's procedure of asylum, the procedure of the safe third country, the procedure of the safe European third country or the procedure for determining the Member State responsible, as appropriate. '; 12. In Article 16, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The unaccompanied minor is immediately informed of the appointment of the legal representative. The legal representative shall carry out his duties in accordance with the principle of the best interests of the child and shall have the necessary expertise 13. In Article 16, paragraph 4 shall be amended and shall read as follows: " (4) General Inspectorate for Immigration: a) ensure that the legal representative is given the opportunity to inform the unaccompanied minor about the significance and possible consequences of the personal interview and, as the case may be, how to prepare for the personal interview; b) provide procedural legal information referred to in accordance with art. 17 and information about the procedures for the withdrawal of international protection, both to the minor and to his legal representative; c) inform the legal representative and the unaccompanied minor asylum seeker, in a language that the latter understands or is reasonably supposed to understand, of the possibility of carrying out a forensic expertise of age assessment. This information must also include clarifications on the methods of medical examination, the possible consequences of the outcome of this examination and the effects of the possible refusal to submit to forensic expertise. " 14. In Article 16, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "(4 ^ 1) The forensic expertise of age assessment is carried out in full respect of the individual dignity of the minor, using the least invasive methods, allowing, as far as possible, a reliable result." 15. In Article 17 (1), points c) and f) shall be amended and shall read as follows: " c) the right to be provided, free of charge, in any phase of the asylum procedure, including in the court stage of the procedure by which the restrictive measure provided for in art. 19 ^ 2 para. ((1) lit. c), an interpreter apt to ensure proper communication; ........................................ f) the right to be informed, at the time of submission of the application or subsequently, within a maximum of 15 days of the application, in a language which he understands or is reasonably supposed to understand, with regard to the procedure to be followed, the rights it has and its obligations in the course of the asylum procedure, on the consequences of non-compliance with those obligations and of the lack of cooperation with the competent authorities, and on the consequences of a withdrawal explicit or implicit of the request; '. 16. In Article 17 (1), after letter f) a new letter, letter f ^ 1) is inserted, with the following contents: " f ^ 1) the right to access, personally or through the representative, to information contained in the personal file, unless the disclosure of the information or sources from which the national security was obtained would jeopardise, the organisations or persons who have provided such information or where the examination of the application for international protection would be prejudiced. Access to information from the personal file is made on the basis of request addressed to the specialized asylum structure of the General Inspectorate for Immigration. At the request of the applicant for international protection, copies of documents from the personal file may be issued free of charge, according to the provisions of this law; ". 17. In Article 17 (1) (h), point (iii) shall be amended and shall read as follows: " (iii) to foreigners who are taken into public custody under the conditions of art. 19 ^ 14 para. ((1); '. 18. In Article 17 (1), the letter j) shall be amended and shall read as follows: " j) the right of the applicant for international protection who does not have the means of maintenance to benefit, on request, for the duration of the asylum procedure, as well as during the period provided for in lett. a), of material reception conditions, which guarantee subsistence and protect its physical and mental health. The amounts necessary for granting the material reception conditions shall be established by Government decision and shall be ensured from the state budget, through the budget of the Ministry of Internal Affairs; ". 19. In Article 17 (1), after letter m) a new letter, letter m ^ 1) is inserted, with the following contents: "m ^ 1) the right to be included in national public health programs aimed at the prevention, surveillance and control of communicable diseases, in situations of epidemiological risk;". 20. In Article 17 (1), after letter n) a new letter, letter n ^ 1) is inserted, with the following contents: " n ^ 1) the right to receive social assistance under the conditions laid down by Social Assistance Law no. 292/2011 ,, as amended; '. 21. Article 17 (1), letter o) shall be amended and shall read as follows: " o) the right to receive access to the labour market under the conditions provided by law for Romanian citizens, after the expiry of a period of 3 months from the date of application for asylum, if in the case of his application a decision was not taken the administrative procedure and the delay cannot be imputed to it, as well as during the period of the asylum procedure in the judicial phase. Asylum-seekers who at the time of lodging an asylum application have a right of residence on the territory of Romania and are legally employed may continue to carry out the work; ". 22. In Article 17 (1), after letter o) a new letter, letter o ^ 1) is inserted, with the following contents: " o ^ 1) the right of asylum seekers who have access to the labour market, according to lit. o), to benefit from measures to stimulate employment, as well as protection within the unemployment insurance system, under the conditions provided by law for Romanian citizens; ". 23. In Article 17 (1), the letter p) shall be amended and shall read as follows: " p) the right of juvenile asylum seekers to have access to pre-school, pre-school and compulsory school education, under the same conditions as minors Romanian citizens, as long as no action is taken to remove them or their parents on the territory of Romania; ". 24. In Article 17 (1), after the letter p), four new letters, q)-s are inserted, with the following contents: " q) the right to settlement, on the basis of application, of the transport expenses occasioned by the movement of asylum-seekers to the court to participate in the court terms, if the trial takes place in a locality other than that in which is accommodated, and the movement is carried out by means of car transport, rail, in the second class or naval. The settlement of expenses is provided by the Ministry of Internal Affairs, through the budget allocated to the General Inspectorate for Immigration in this regard, based on the supporting documents; r) the right to be visited by family members, representatives of national or international non-governmental organizations and bodies with attributions in the field of asylum or respect for human rights, authorized and accredited under the conditions the law as well as the legal representative; s) the right to be provided, on request, with legal and procedural information, including information on the procedure in the administrative phase, under the law on judicial civil aid in civil matters, taking into account the situation personal of the stranger; s) the right to be provided, upon request, under the law on judicial civil aid in civil matters, taking into account the personal situation of the foreigner, information on the reasons for the decision to reject the application for asylum, to the procedure for challenging the order by which the measure of placement was ordered in a specially arranged closed space, as well as on the possibility of challenging the decision by which the granting, limitation or withdrawal of the conditions was ordered reception materials. " 25. In Article 17, paragraph (1 ^ 1) is amended and shall read as follows: "(1 ^ 1) In order to benefit from the rights provided by the law, the General Inspectorate for Immigration assigns to asylum seekers a personal numerical code, which is part of the temporary identity document." 26. In Article 17, after paragraph (1 ^ 1), a new paragraph (1 ^ 2) is inserted, with the following contents: " (1 ^ 2) The General Inspectorate for Immigration grants the United Nations High Commissioner for Refugees (UNHCR), upon request, access to existing documents on the foreign file that applied for international protection, except for the situation in which the disclosure of the information or sources from which the national security, the organisations or persons who have provided such information were obtained, or where the examination of the application for protection would be prejudiced international. For the purpose of accessing the information contained in the personal file of the foreigner who requested international protection, its agreement is necessary. In the performance of his supervisory mission that he confers to art. 35 35 of the Geneva Convention, the United Nations High Commissioner for Refugees (UNHCR) may present its views to the competent national authorities on asylum applications at any stage of the asylum procedure. " 27. In Article 17, paragraphs 2, 4 and 7 shall be amended and shall read as follows: " (2) The procedure and the amount of the amounts related to the provision of the material reception conditions shall be established by Government decision, based on the data communicated by the Institute for Quality of Life Research or by the National Institute of Statistics. ............................................. (4) Minors benefit from the same protection offered, under the law, to Romanian minors in difficulty. ............................................. (7) The asylum procedure provided for in par. ((1) shall be completed: a) from the date of delivery of the court decision, in the case of applications resolved in the accelerated procedure or in the border procedure; b) from the date of communication of the decision closing the file; c) from the date of communication of the decision of the General Inspectorate for Immigration granting refugee status; d) from the date of expiry of the legal deadline for the submission of the complaint or, as the case may be, of the appeal, or from the date of delivery of the decision of the e) from the date of the transfer to the Member State responsible for the procedure for determining the Member State responsible for examining the application for asylum. ' 28. In Article 17, after paragraph 7, four new paragraphs are inserted, paragraphs 8 to 11, with the following contents: " (8) When accommodation capacity in reception and accommodation centres for asylum seekers is exceeded, the General Inspectorate for Immigration, within the limits of available funds, may grant asylum seekers a sum of money for the purposes of the rental of living spaces or can contract specialist services for the reception and accommodation of asylum seekers in individual or collective locations. ((9) Amounts granted to asylum seekers according to the provisions of para. (8) shall be established by Government decision and shall be ensured from the state budget, through the budget of the Ministry of Internal Affairs. When determining the amount of the amounts, the data communicated by the Institute for Quality of Life Research or the National Institute of Statistics shall be taken into account. (10) The asylum seekers present to the General Inspectorate for Immigration, as soon as possible, supporting documents showing that they have rented living spaces. (11) Contracting of specialized services for the reception and accommodation of asylum seekers, provided in par. (8), shall be taken into account of the standards established by order of the Minister of Internal Affairs. " 29. Article 18 is amended and shall read as follows: "" ARTICLE 18 Access to education of minor asylum seekers (1) In order to facilitate access to the Romanian education system, minor asylum seekers benefit, free of charge, from an intensive preparatory course in order to register in the national education system. (2) The preparatory course provided in par. (1) is organized by the Ministry of National Education and Scientific Research, in collaboration with the General Inspectorate for Immigration. (. The applicant for a minor asylum shall be entered in the preparatory course within 3 months from the date of application for asylum. Concurrently, the minor asylum seeker may be enrolled as an audient in the corresponding year of studies (4) At the end of the preparatory course provided in par. (1), an evaluation commission, whose composition and functioning are established by order of the Minister of National Education and Scientific Research, appreciates the level of knowledge of the Romanian language and establishes the registration of minors international protection in Romania, in the corresponding study year. " 30. After Article 18, a new article is inserted, Article 18 ^ 1, with the following contents: "" ARTICLE 18 ^ 1 Monitoring of reception conditions ((1) The monitoring of reception conditions shall be carried out by national or international non-governmental organisations and bodies responsible for migration or respect for human rights. ((2) Organizations and bodies referred to in par. ((1) are provided with the possibility to visit the regional centres of procedures and accommodation of asylum seekers, on the basis of protocols concluded with the General Inspectorate for Immigration or prior authorization. In exceptional and thoroughly motivated situations you can ensure the possibility to visit the centers within 48 hours. (3) In order to carry out the activity of monitoring the reception conditions, the General Inspectorate for Immigration provides relevant information and ensures the possibility of representatives of organizations and bodies referred to in par. ((1) to supervise the way in which applicants for international protection benefit from the measures taken by the Romanian State in their favour. (4) Following the activity provided in par. ((1), the organizations and bodies that have carried out activities to monitor the reception conditions under the conditions of par. (2) and (3) draw up reports that are transmitted, for recovery, to the General Inspectorate for Immigration, as well as, as the case may be, to the Ombudsman, in order to carry out the duties provided by law. " 31. in Article 19, letters e), h) and j) shall be amended and shall read as follows: " e) the obligation to follow the stage of the procedure and to inform the General Inspectorate for Immigration about the change of residence, no later than 5 days after the situation; ...................................... h) the obligation to present themselves in medical examinations that are established, as well as to submit to vaccination, as the case may be, in order to protect public health. Vaccination is carried out according to the legal provisions in force, at the request of the General Inspectorate for Immigration, addressed to the county public health departments or the city of Bucharest, as the case ...................................... j) the obligation to leave the territory of Romania within 15 days after the completion of the asylum procedure, if the applicant did not obtain international protection in Romania, unless the application for asylum was rejected as obviously unfounded following its resolution in the accelerated procedure, in which case the foreigner must leave the territory of the Romanian state as soon as the asylum procedure has been completed. The obligation does not subsist if the foreigner has a right of residence regulated according to the legislation on the regime of foreigners in 32. In Article 19, after letter h) a new letter, letter h ^ 1) is inserted, with the following contents: " h ^ 1) the obligation, at the request of the competent authorities, to be subject to the body and object control that the foreigner has on him. Without prejudice to checks carried out for security reasons, body control shall be carried out by a person of the same sex as a controlled person, in full respect of the principle of human dignity and physical and mental integrity; '. 33. In Chapter III, after Section 1, a new section is inserted, section 1 ^ 1-Restrangement of some rights of applicants for international protection, including Articles 19 ^ 1 -19 ^ 16, with the following contents: "" SECTION 1 ^ 1 Restriction of rights of applicants for international protection ARTICLE 19 ^ 1 Limitation or withdrawal of material reception conditions (1) The General Inspectorate for Immigration may limit or withdraw the material reception conditions granted to applicants for international protection, by reasoned decision, which shall be communicated to the applicant under the conditions of this law. Cases in which the material reception conditions may be limited or withdrawn shall be determined by Government decision. (2) The decision referred to in paragraph (1) may be challenged, the provisions of art. 80 80 and 81 applying properly. ARTICLE 19 ^ 2 Restrictive measures ((1) In order to carry out the necessary formalities, to limit abuse to the asylum procedure, and where it presents a danger to national security, on the basis of an individual analysis, the competent authorities may order, applicants for international protection, the following restrictive measures: a) the obligation to appear at the headquarters of the General Inspectorate for Immigration; b) establishment of residence in a regional centre of procedures and accommodation of asylum seekers; c) placement in specially arranged enclosed spaces; d) taking or, as the case may be, maintaining in public custody (2) No restrictive measures may be ordered against an applicant for international protection for the sole reason that he has applied for international protection in Romania. (3) Compared to applicants for international protection who are the subject of the procedure for determining the responsible Member State or a measure of removal or expulsion from the territory of Romania, the measure provided for in par. ((1) lit. c). (4) In order to maintain the family unit and to respect the principle of the best interest of the child, the General Inspectorate for Immigration may allow the family members of the applicant against whom the measure provided in par. ((1) lit. b) to live with it. ARTICLE 19 ^ 3 Obligation to appear at the headquarters of the General Inspectorate for Immigration (1) During the course of the asylum procedure, in order to carry out the activities provided for in art. 19 ^ 6 and during the procedure for determining the responsible Member State, in order to ensure the transfer, the General Inspectorate for Immigration may, by reasoned decision, order the applicant for international protection to regularly present, at the dates and times set, and upon request, at the premises of one of its territorial structures. (2) The measure provided in par. ((1) is not subject to any appeal. ARTICLE 19 ^ 4 Establishment of residence in a regional centre of procedures and accommodation of asylum seekers During the course of the asylum procedure, in order to carry out the activities provided in art. 19 ^ 6 and during the procedure for determining the responsible Member State, in order to ensure the transfer, the General Inspectorate for Immigration may, by reasoned decision, order the establishment of a place of residence for the applicant for protection international in a regional center of procedures and accommodation of asylum seekers, even if it has means of maintenance, and its obligation not to leave that place except with the information of the head of the center. ARTICLE 19 ^ 5 Placement in specially arranged enclosed spaces (1) If the restrictive measures provided for in art. 19 ^ 2 para. ((1) lit. a) and b) are not sufficient to carry out the formalities, as well as to limit abuses to the asylum procedure, in application of art. 19 ^ 2 para. ((1) lit. c) the applicant for international protection may be placed in a specially arranged closed space, with the temporary restriction of freedom of movement, only in the following situations: a) to verify the declared identity; b) to establish the elements on which the application for international protection is based, which could not be obtained without taking action, in particular if there is a risk of evading the applicant; c) at the request of one of the institutions with attributions in the field of national security, from which it follows that the applicant for international protection presents a (2) The measure provided in par. (1) may not be ordered against applicants for international protection minors, except as provided in art. 41 41 para. (2), in compliance with the principle of the best interests of ARTICLE 19 ^ 6 Verification of the identity of the applicant for international protection and establishment of the elements (1) For the purposes of this Law, in order to verify the identity of the applicant for international protection, the specialized structure of the General Inspectorate for Immigration carries out the following a) query of specific databases; b) fingerprinting and photographing, under the conditions of art. 19 lit. a) and art. 44 44; c) preliminary interview, subject to art. 43 43; d) request, as appropriate, of data and information from institutions with attributions in the field of national security. (2) The establishment of the elements of the application for international protection is carried out on the occasion of the interview provided 45 45 and 47, as appropriate. (3) By risk of absconding within the meaning of art. 19 ^ 5 para. ((1) lit. b) it is understood the factual situation that justifies the assumption that the applicant for international protection evades the activity provided in par. ((2). (4) Presents risk of evading the applicant who is in any of the following situations: a) passed or was surprised trying to illegally cross the state border of Romania, after submitting the application for international protection; b) was surprised by trying to cross the Romanian state border illegally, and the application for international protection was subsequently submitted to his detention; c) there are reasons to believe that they intend to leave the territory of Romania, after the application for international protection. ARTICLE 19 ^ 7 Procedure of placing in a specially arranged closed space (1) The placement in a specially arranged closed space shall be ordered in writing, for a period of 30 days, by order motivated in fact and in law by the specific prosecutor appointed from the prosecutor's office of the appellate court in the constituency to which the accommodation center is located in which the applicant for international protection is to be placed, at the reasoned request of the General Inspectorate for Immigration. (2) The General Inspectorate for Immigration shall carry out the administrative formalities necessary to apply the measure provided in par. ((1), no later than 24 hours after the date on which the need to dispose of this measure is found. (3) The extension of the duration of the measure provided in (1) is ordered by the court of appeal in whose area of territorial competence is the accommodation center where the applicant is placed, at the reasoned request of the General Inspectorate for Immigration, when for objective reasons the activities provided in art. 19 ^ 6 cannot be realized. The reasoned request shall be submitted at least 5 days before the expiry of the 30-day period, and the court must rule before the expiry of the 30-day period, by decision that is final. (4) As soon as it finds that the reasoned request of the General Inspectorate for Immigration, provided in par. (3), meets the conditions provided by law for the application for appeal, the judge sets the first term of trial and orders the citation of the parties. The meeting is not mandatory, and, when the applicant for international protection lodges, it is not communicated to the General Inspectorate for Immigration, which informs about its content from the case file. The request to extend the duration of the placement measure in a specially arranged closed space is exempt from the stamp duty. (5) The placement period in a specially arranged closed space may not exceed 60 days. (6) The General Inspectorate for Immigration shall carry out expeditiously the activities provided in art. 19 19 ^ 6 to maintain the shortest duration of the measure. Delays due to the conduct of administrative procedures which cannot be imputed to the applicant cannot justify a continuation of the measure. Except for national security reasons, it is necessary to continue the application of the measure, without exceeding the 60-day period. (7) The applicant for international protection against whom the placement was ordered in a closed space under the conditions of par. ((1) may submit, within 5 days, a complaint to the court of appeal in whose area of territorial competence is the accommodation center in which it was placed, which is obliged to settle it within 3 days from the date of receipt. The complaint does not suspend the measure and is exempt from stamp duty. The court ruling is final. (8) If the court accepts the complaint, the measure of placement in a specially arranged closed space ceases on the date of delivery of the court decision. ARTICLE 19 ^ 8 Suspension and termination of placement in a specially arranged closed space (1) If the activities for which the placement was ordered in a specially arranged closed space are previously completed the expiration of the duration of the measure ordered according to art. 19 ^ 2 para. ((1) lit. c), the designated official of the General Inspectorate for Immigration finds its termination by a reasoned reference, which is approved by the director of the center where the applicant is placed. The placement shall cease on the date of approval of the reasoned reference (2) If subsequently taking or extending the measure of placement in a specially arranged closed space is found by medical documents issued by medical facilities subordinated to the Ministry of Internal Affairs or issued by public health facilities under the public health departments, under the conditions Law no. 95/2006 on health reform, republished, as amended, the fact that the health status of the applicant for international protection is incompatible with the measure, it shall cease to be fair. With regard to the termination of the measure, the designated official of the General Inspectorate for Immigration shall draw up a finding note, which shall be approved by the director of the centre where the applicant is placed, and which shall be communicated the latter. (3) In the situation referred to in par. ((2), if the health status of the applicant for international protection is only temporarily incompatible with the measure, the designated official of the General Inspectorate for Immigration shall draw up a finding note on the the suspension of the measure for the period mentioned in the medical documents. The finding note shall be approved by the director of the centre where the applicant is placed and shall be notified to the latter. On the date on which the suspension ceases, the applicant is required to appear at the premises of the centre where he was previously placed on suspension (4) The measure of placing in a specially arranged enclosed space may cease before the end of the period for which it was ordered ex officio or at the request of the applicant for international protection, if from relevant circumstances or new information it follows that maintaining the measure is no longer justified In this case, the General Inspectorate for Immigration, ex officio or on request, may order the termination of the measure. In case of rejection of the request for termination of the measure, the General Inspectorate for Immigration issues a decision, motivated in fact and in law. (5) Against the decision to reject the request for termination of the measure of placement in a specially arranged closed space, provided in par. (4), the applicant may lodge a complaint within 5 days from the communication, at the court of appeal in whose area of territorial competence is the accommodation center in which he is placed, who is obliged to settle it within 3 days from the date of Receipt. The complaint does not suspend the measure and is exempt from stamp duty. The court ruling is final. ARTICLE 19 ^ 9 Specially designed enclosed spaces The specially arranged enclosed spaces are places for the temporary accommodation of applicants for international protection against whom the measure provided for in art. 19 ^ 2 para. ((1) lit. c), managed by the General Inspectorate for Immigration. They shall be established within the regional centres of procedures and accommodation of asylum seekers already constituted or newly established under the conditions of art. 3 3 para. ((2) and (3). ARTICLE 19 ^ 10 Rights and obligations of applicants for international protection during placement in a specially arranged closed space (1) During the placement in the spaces provided in art. 19 ^ 9 applicants for international protection have the rights provided in art. 17, except for those provided in par. ((1) lit. k), o), o ^ 1) and q), those provided in art. 18, as well as the obligations provided in art. 19 19, except for the one in lit. g). (2) The rules of interior order that persons placed in specially arranged enclosed spaces are obliged to observe, as well as the organization of accommodation, access, security, supervision and accompanying of these persons, in and from the respective spaces, are provided in the internal order regulation of the regional centers of procedures and accommodation of asylum seekers, approved by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. (3) During the placement in the spaces provided in art. 19 ^ 9, applicants for international protection benefit free of charge from a daily food allowance, within the limit of caloric ceilings established by Government decision. ARTICLE 19 ^ 11 Specific guarantees when placing in specially arranged enclosed spaces (1) Applicants placed in a specially arranged enclosed space shall be notified immediately, in writing, in a language they understand or are reasonably supposed to understand, the reasons for the measure and the procedure for challenging it, the possibility of to request judicial public aid under the law, rights and obligations they have during their placement in the specially arranged closed space, as well as the suspension or termination of the measure, as the case may be. (2) The activities provided in art. 19 ^ 6 and 19 ^ 7 are carried out as a priority in the case of vulnerable international protection applicants who are placed in specially arranged enclosed spaces. (3) Vulnerable international protection applicants who are placed in specially arranged enclosed spaces are regularly monitored and supported by appropriate support, taking into account their individual situation, including their state of affairs. health. ARTICLE 19 ^ 12 Exhaustion of accommodation capacity and finding of inadequate accommodation conditions in specially arranged enclosed spaces (1) If the capacity for temporary accommodation in the premises referred to in art. 19 ^ 9 is exhausted or the existing accommodation conditions are not suitable for the accommodation of applicants for international protection, it is not requested to have the measure of placement in a specially arranged closed space until the date on which the application of the measure can be achieve in compliance with the provisions of 19 19 ^ 10 and 19 ^ 11. In this case, the applicants for international protection may, as the case may be, have one of the measures provided for in art. 19 ^ 2 para. ((1) lit. a) or b). (2) If the accommodation conditions become inadequate, the measure of placement in a specially arranged closed space for the applicant affected by them shall be suspended until the accommodation conditions are restored or the identification of another Specially arranged closed space. In this case, the applicant for international protection may, as the case may be, have one of the measures provided for in art. 19 ^ 2 para. ((1) lit. a) or b). (3) The situations provided in par. ((1) and (2) and the resumption of the application of the placement measure in a specially arranged closed space shall be found by the general inspector of the General Inspectorate for Immigration. ARTICLE 19 ^ 13 Measure of public custody (. An applicant for international protection may be taken or, where appropriate, kept in public custody, in the cases provided for by Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and completions, as well as in the following situations: a) in the framework of the procedure for determining the responsible Member State, with a view to ensuring the transfer to the responsible b) if the applicant has been taken into public custody in order to remove or expel from the territory of Romania and has filed an application for international protection to delay or prevent the execution of the removal or expulsion, although prior to the disposition of such a measure had the possibility to submit such a request. (2) The public custody of applicants for international protection may be ordered if by assessing in advance the possibility of applying the measures provided for in art. 19 ^ 2 para. ((1) lit. a) and b) it follows that they are not possible and sufficient in relation to the procedure in which they would be willing and the purpose that would be pursued by taking them. ARTICLE 19 ^ 14 Taking into public custody as part of the procedure for determining the responsible Member State (1) The taking into public custody shall be ordered, in writing, by order motivated in law and in fact by the designated prosecutor appointed from the Prosecutor's Office of the Bucharest Court of Appeal, for a period of 30 days, at the reasoned request of The General Inspectorate for Immigration against the applicant who has a high risk of absconding from the transfer procedure. (2) Presents high risk of absconding from the transfer procedure the applicant who is in one of the following situations: a) illegally crossed the state border of Romania and was found in the Eurodac system with one or more applications for international protection lodged on the territory of another Member State; b) illegally crossed the external border of the Member States of the European Union or of the associated states within the meaning of the directly applicable acts of the European Union or was surprised trying to pass or illegally crossed the state border of Romania, and the application for international protection was subsequently lodged with its detention; c) passed or tried to cross the Romanian state border illegally after the application for international protection in Romania; d) it was found that he entered the territory of Romania illegally or that he was on the territory of Romania without right of residence and submitted a new request for international protection after the effective implementation of the transfer in the responsible member state; e) did not comply with one of the measures provided in art. 19 ^ 2 para. ((1) lit. a) and b); f) after the communication of the decision provided in 120 120 para. ((2) lit. a), the applicant opposes the transfer to the responsible Member State. (3) The General Inspectorate for Immigration shall carry out the administrative formalities necessary for the taking into public custody of applicants for international protection no later than 24 hours after the date on which the need for this measure is found. (4) The extension of the duration of public custody shall be ordered by the court of appeal in whose area of territorial competence is the place of accommodation, at the reasoned request of the General Inspectorate for Immigration, submitted at least 5 days before the expiry of the term of detention. The court must rule before the expiry of the term of taking into public custody previously ordered, and the court's ruling is final. (5) As soon as it finds that the reasoned request of the General Inspectorate for Immigration, provided in par. (4), meets the conditions provided by law for the application for appeal, the judge sets the first term of trial and orders the citation of the parties. The encounter is not mandatory, and, when the foreigner submits, it is not communicated to the General Inspectorate for Immigration, which takes cognizance about its content from the case file. Requests for extension of the duration of public custody shall be exempt from the stamp duty. (6) The period of public custody of applicants for international protection shall not exceed 6 months. (7) The period provided in par. (6) may be extended exceptionally, under the conditions provided in par. ((4), for an additional period not exceeding 12 months, in cases where the General Inspectorate for Immigration is, for reasons not attributable, unable to carry out the transfer in the Member State responsible for delays in the obtaining the necessary documentation for the transfer to the responsible Member State (8) The foreigners against whom the taking into public custody was ordered under the conditions of par. ((1) may submit, within 5 days, a complaint to the court of appeal in whose area of territorial competence is the place of accommodation, which is obliged to settle it within 3 days from the date of receipt. The complaint against the measure taken into public custody does not suspend the measure of taking into public custody nor the procedure for determining the responsible Member State (9) If the reasoned request of the General Inspectorate for Immigration is not ordered to take into public custody or to extend it, the prosecutor appointed from the competent prosecutor's office or the court of law the competence is pronounced on the application of the measures provided for in Article 19 ^ 2 para. ((1) lit. a) and b). Art. 19 ^ 3 para. ((2) shall apply accordingly. (10) If, after taking into public custody, one of the deadlines provided for in art. 28 28 para. (3) of the Dublin Regulation, the measure ceases by law The General Inspectorate for Immigration shall draw up a finding note on the termination of the measure, which shall be communicated to the applicant. ARTICLE 19 ^ 15 Maintaining or ending the measure of taking into public custody within the procedure of removal or expulsion from the territory of Romania (1) In the situation provided for art. 101 101 para. (8) of Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions, the specialized structure on competent asylum matters is obliged to analyze the application for international protection and to rule by reasoned decision in fact and in law, within 3 days, on granting access to the ordinary asylum procedure or rejecting the application for international protection according to art. 75 75 para. ((1). If a decision cannot be issued to grant access to the ordinary procedure on the basis of the items on file, the asylum seeker is interviewed under the conditions of art. 45. The decision shall be communicated according to 54 54 which shall apply accordingly. (. If the application for international protection is rejected and the applicant submits a complaint against the decision rejecting the application for international protection, he shall remain in public custody until a judgment is delivered. (3) If the measure of public custody expires before the issue or, where applicable, the delivery of a judgment on the granting or, where applicable, failure to grant access to the ordinary procedure, it may be extended to ensure the execution of the removal or expulsion measure, under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. (4) Provisions of para. (1) shall also apply to applications for international protection for which the provisions of art. 75 75 para. ((2). ARTICLE 19 ^ 16 Rights and obligations of applicants for international protection during the period of public custody (1) Applicants for international protection taken into public custody are entered into accommodation centres for foreigners taken into public custody provided for in Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions, and their accommodation is made, as far as possible, separate from the other categories of foreigners. (2) During the period of introduction into the accommodation centers for foreigners taken into public custody, applicants for international protection have the rights provided in art. 17, except for those in par. ((1) lit. k), o), o ^ 1) and q), those of art. 18, as well as the obligations provided in art. 19 19, except for the one in lit. g). ((3) The complaints made against taking the measure of public custody are exempt from the stamp duty. " 34. Article 20 (1), letter m) shall be amended and shall read as follows: " m) to receive, upon request, within the limits of the financial availability of the state, under conditions established by Government decision, a non-refundable monthly aid, hereinafter referred to as aid, the amount of which is reported to the social indicator of reference, for a period of not more than 12 months, if, for objective reasons, it is deprived of the necessary means of existence; '. 35. Article 20 (3) and (4) shall be repealed. 36. In Article 20, after paragraph (5), two new paragraphs are inserted, paragraphs 5 ^ 1 and 5 ^ 2, with the following contents: " (5 ^ 1) The amount of the aid shall be fixed at ISR 1.08. (5 ^ 2) The grant of non-refundable aid may be suspended or may cease under conditions established by Government decision. " 37. in Article 34, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) If the application for international protection is submitted on the territory of Romania, but it is addressed to the authorities of another Member State, the foreigner is considered an asylum seeker within the meaning of par. ((1) from the moment of manifestation of will before the competent Romanian authorities. " 38. In Article 35, letter c) is amended and shall read as follows: " c) the police units in which detention and preventive arrest centres are established and operate; '. 39. After Article 35, a new article is inserted, Article 35 ^ 1, with the following contents: "" ARTICLE 35 ^ 1 Information and advice on access to the asylum procedure If there are elements that lead to the idea that foreigners in preventive detention and arrest centers or penitentiaries or at the state border crossing points or transit zone intend to apply for international protection in Romania, the staff of the authorities 35 35 provide information on the possibility of submitting an application for this purpose. ' 40. Article 36 (1), point a) shall be amended and shall read as follows: " a) the applicant has presented himself at a checkpoint for the crossing of the state border, including the transit zone; '. 41. After Article 36, a new article is inserted, Article 36 ^ 1, with the following contents: "" ARTICLE 36 ^ 1 Registration of applications for international protection (1) The registration of applications for international protection lodged with the General Inspectorate for Immigration shall be made no later than 3 working days from the date of application. ((2) Registration of applications for international protection lodged with the other competent authorities according to art. 35 shall be carried out no later than 6 working days from the date of application. ((3) In the case of a massive influx of applications for international protection lodged with any of the competent authorities according to art. 35 35, the registration of applications may be made no later than 10 working days from the date of submission of applications. " 42. In Article 37, paragraph 2 shall be amended and shall read as follows: "(2) The application for asylum shall be completed in Romanian or in a language which the applicant understands." 43. In Article 38, paragraph 5 shall be amended and shall read as follows: " (5) Asylum applications submitted at a border crossing checkpoint, those submitted to the units subordinated to the National Administration of Prisons within the Ministry of Justice, as well as those submitted to detention and arrest centers preventive measures within the police units shall be recorded in special registers. '; 44. In Article 41, paragraph 2 shall be amended and shall read as follows: " (2) If the unaccompanied minor cannot prove his age and there are serious doubts about his minority, the specialized asylum structure within the General Inspectorate for Immigration requests, before the end of the period. the settlement of the asylum application in the administrative phase, carrying out a forensic expertise assessing the age of the applicant, with the prior consent, in writing, of the minor and his legal representative. " 45. In Article 41, after paragraph 5, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: "" (6) The interpretation of the result of the forensic expert assessment of the applicant's age is carried out with the consideration of the principle of the superior interest of the minor. (7) The refusal of the unaccompanied minor applicant to comply with the medical-legal assessment of the age cannot be the sole reason for the rejection of his or her asylum application, nor does it prevent the competent authorities from issuing a ruling on its application for international protection. " 46. in Article 42, after paragraph 5, a new paragraph (6) is inserted, with the following contents: "" (6) The interview of the non-discerning asylum seeker shall be carried out in the presence of the guardian or, as the case may be, its curator. " 47. Article 44 is amended and shall read as follows: "" ARTICLE 44 Photographing and fingerprinting asylum seekers (1) With the submission of the application for asylum, the General Inspectorate for Immigration or the other competent authorities provided for in art. 35 photographs and preleva fingerprints of all asylum seekers who, according to their statements, have reached the age of 14. (2) Digital fingerprints taken according to par. (1) are transmitted, compared, searched and stored on paper in the cartoteca of the General Inspectorate for Immigration and in electronic format in the AFIS national database (Automated fingerprint comparison system). (3) The transmission, collection, comparison and search for fingerprints of asylum seekers shall be made in compliance with the provisions on the principle of confidentiality and protection of personal data, following that the person concerned be informed in writing of this fact. (4) Digital fingerprints taken according to par. (1) are transmitted, compared, searched and stored in the Eurodac system according to the Eurodac Regulation. " 48. Article 45 is amended and shall read as follows: "" ARTICLE 45 Interview to determine international protection ((1) The interview for the determination of international protection in Romania consists in a hearing of the asylum seeker by an official of the General Inspectorate for Immigration, namely designated pursuant to art. 48 48 para. ((2). For the purposes of an appropriate examination, when deemed necessary, the official may request the participation and family members of the asylum seeker interviewed, with the latter's consent. ((2) At the request of the applicant and when deemed necessary for the presentation of all the reasons for the asylum request, the interview shall be carried out by the official provided in art. 48 48 para. ((2), with the support of an interpreter in the language indicated by the applicant or in a language he understands and in which he can clearly communicate. To the extent possible, if the applicant so requests, both the official and the interpreter shall be of the same sex as the person interviewed. ((3) Interviewing asylum seekers is not mandatory in the following situations: a) The General Inspectorate for Immigration may take a decision granting refugee status on the basis of the evidence on file; b) when it is found that the asylum seeker is in the situation provided for in art. 42. In this case, additional efforts shall be made to obtain as much data as possible to resolve the case. (4) The asylum seeker cannot refuse to conduct the interview for the lawyer's absence. Reprogramming of the interview as a result of the lawyer's absence is possible only once and only if there are good reasons to justify this absence. (5) During the hearing of the applicant, an interview note shall be drawn up that includes at least the following: the identification data of the applicant, the name of the official provided in art. 48 48 para. ((2) performing the interview, the name of the interpreter and, where applicable, the legal representative, the curator and/or the lawyer assisting the applicant, the language in which the interview is conducted, the reasons for the request for protection international, as well as the applicant's statement showing that all the data and information presented in the interview are real. Where appropriate, the interview note shall also include the applicant's explanations of the omission of the presentation of elements to be considered when examining the application for asylum and/or clarifications relating to inconsistencies or contradictions in his statements. (6) At the conclusion of the personal interview, the applicant shall be given the opportunity to make comments and/or to provide clarifications on any translation errors or misunderstandings, which shall be recorded in the interview note. (7) The interview note is read to the applicant and, if applicable, translated to it, being mentioned in the interview note, a mention that will also include the confirmation of the applicant that the recorded aspects correctly reflect his statements. (8) After carrying out the activities provided in par. (6), the interview note is signed on each page by all persons present at the interview. (9) After signing the interview note according to the provisions of par. ((8), a copy of which is made available to the applicant for international protection or to the legal representative, to the curator or to the lawyer who assisted him in the interview, as the case may be. This is made mention on the original of the interview note. (10) If the applicant refuses to sign the interview note, the reasons for his refusal will also be recorded. The applicant's refusal to sign the interview note does not prevent the General Inspectorate for Immigration from making a ruling on the asylum application. (11) Where necessary, the official of the General Inspectorate for Immigration responsible for the case may conduct a new interview. " 49. Article 46 is amended and shall read as follows: "" ARTICLE 46 Interviewing vulnerable international protection applicants Interviewing vulnerable international protection applicants shall be carried out by the officials referred to in art. 48 48 para. ((2) specialize in this regard, which will take into account the special situation of these persons. " 50. In Article 47, paragraph 3 shall be amended and shall read as follows: "" (3) Interviewing of minor asylum seekers shall be carried out in all cases where this is possible, depending on their age and degree of maturity. " 51. In Article 47, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) If the age and degree of maturity of the minor asylum applicant do not allow interviewing, the official provided in art. 48 48 para. ((2) may decide to conduct the interview with one of the minor's parents, in which case its presence is not necessary. " 52. Article 49 (1) shall be repealed. 53. Article 49 (4) shall be amended and shall read as follows: "(4) The General Inspectorate for Immigration shall consult the Ministry of Foreign Affairs to establish safe countries of origin, safe European third countries and safe third countries." 54. After Article 49 a new article is inserted, Article 49 ^ 1, with the following contents: "" ARTICLE 49 ^ 1 Forensic expertise (1) When deemed relevant for the resolution of the application for international protection and if there is the consent of the applicant, it shall be subject to forensic expertise on signs of the past exposure to persecution or to a serious risk. (2) The applicant's refusal to submit to the forensic expertise provided in par. ((1) does not prevent the General Inspectorate for Immigration from making a decision on the application for asylum. (3) The forensic expertise provided in par. (1) is carried out through the institutions of legal medicine, and their result is immediately transmitted to the General Inspectorate for Immigration. The settlement of expenses shall be provided by the Ministry of Internal Affairs, through the budget allocated to the General Inspectorate for Immigration in this regard. (4) When a forensic expertise is not carried out in accordance with the provisions of par. (1), the General Inspectorate for Immigration informs, in writing, the applicant that he may carry out, at his own expense, a forensic expertise on signs of exposure in the past to persecution or a serious risk. (5) The results of the forensic surveys provided in par. ((1) and (4) shall be considered by the General Inspectorate for Immigration in conjunction with other elements of the application for international protection for its resolution. " 55. In Article 50, paragraph 4 shall be amended and shall read as follows: " (4) In the situations provided in art. 45 45 para. ((3), the application for asylum shall be settled on the basis of the elements in the file. 56. After Article 50 a new article is inserted, Article 50 ^ 1, with the following contents: "" ARTICLE 50 ^ 1 Application for asylum lodged by the beneficiary of international protection granted by another Member State (. The application for asylum lodged by a foreigner receiving international protection granted by another Member State shall be rejected as inadmissible by reasoned judgment. (2) The applicant is given the opportunity to present, in an interview, the personal situation, in order to determine whether in his case the provisions of par. ((1). (3) The provisions of par. ((1) shall not apply where the factual situation or evidence presented by the applicant shows the existence of a well-founded fear of persecution or of being exposed to a serious risk in the Member State which granted it international protection and/or the applicant does not enjoy the effective protection of the Member State concerned. (4) In the situation referred to in par. (3), the application for asylum is analyzed in accordance with the provisions of art. 50. (5) Against the decision provided in par. (1) the applicant may lodge a complaint, the provisions of 80 80 and 81 applying properly. " 57. Article 51 is amended and shall read as follows: "" ARTICLE 51 Waiver of asylum application at administrative stage (1) The waiver of the application for asylum shall be: a) explicit, when the asylum seeker expressly waives his application; b) the default, when the applicant does not appear at the time limit set for the preliminary interview or interview for the determination of a form of international protection, without presenting good reasons for his absence. (. The applicant who explicitly waives the application for asylum shall be informed of the consequences of the waiver, in a language which he understands or is reasonably supposed to understand. (3) In case of default waiver, the official of the General Inspectorate for Immigration shall draw up a report by which the non-submission of the interview is found. ((4) In case of waiver of the application for asylum, the official provided in art. 48 48 para. (2) issue a decision to close the file, which shall be communicated to the applicant under the conditions of this law and which is not subject to appeal. (5) In case of default waiver, the decision to close the file shall be issued after the expiry of a period of 30 days from the date of preparation of the minutes provided in par. ((3). ' 58. Article 52 is amended and shall read as follows: "" ARTICLE 52 The deadline for settling the application for asylum (1) The official referred to in art. 48 48 para. ((2) conduct the interview, consider the reasons invoked by the applicant and rule on the applicant's request, within 30 days of taking the case. (2) If the settlement of the application for asylum requires additional documentation, as well as in other duly justified cases, which make it impossible to carry out the activities necessary to solve the asylum application or lead to non-compliance with the guarantees recognized by this law due to causes not attributable to the applicant, the term provided in par. ((1) shall be extended successively with new periods of no more than 30 days, not exceeding 6 months after the application for asylum. (3) If the term provided for in par. ((2) is exceeded, the applicant shall be informed of the delay and shall receive, upon request, information on the reasons for the delay, as well as on the time limit for the adoption of a decision on his application. (4) The term provided in par. ((1) shall be suspended during the procedure for determining the Member State responsible for considering a request for asylum, the procedure of the first country of asylum, the procedure of the safe third country or, where appropriate, the procedure of the safe European third country. After the end of the case of suspension the term of settlement may not be less than 20 days. (5) The term provided in par. ((2) may be extended successively with new periods that cumulated do not exceed 9 months, in the following situations: a) the asylum procedure involves complex elements in fact and/or in law; or b) a large number of foreigners simultaneously request international protection, which in practice makes it very difficult to resolve their requests in the administrative stage within the 6-month period. (6) Exceptionally, in duly justified situations, the deadlines provided in par. ((2) and (5) may be extended by no more than 3 months. " 59. In Article 53, paragraph 3 shall be amended and shall read as follows: " (3) The decision rejecting the application for asylum shall include the appropriate reasons for each form of protection provided for in art. 23 and 24, art. 26 or 27, as well as the mention on the obligation to leave the territory of Romania according to art. 19 lit. j). " 60. In Article 54, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The decision on the admission or rejection of the application for asylum may be communicated, as the case may be, to the lawyer or representative of the non-governmental organization legally representing the applicant, in so far as the applicant has made clear express this. The communication shall be carried out directly by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the address indicated by the lawyer or by the representative of the non 61. In Article 54, paragraph 2 shall be amended and shall read as follows: " (2) If the communication of the decision is not possible under the conditions provided in par. ((1) or (1 ^ 1), it is made by displaying, at the headquarters of the structure of the General Inspectorate for issuing Immigration, an information note that will include: the number of the applicant's temporary identity document, the number and date of the decision, the solution with regard to the application for asylum, the deadline for the submission of the complaint and the competent court with its resolution, in the case of decisions rejecting the application for asylum, and the date of the display. ' 62. After Article 61, a new article is inserted, Article 61 ^ 1, with the following contents: "" ARTICLE 61 ^ 1 Non-application of provisions of the Code of Civil Procedure Art. 200 of the Civil Procedure Code on the verification of the application and its regularization shall not apply in the procedures provided for by this Law. " 63. After Article 69 a new article is inserted, Article 69 ^ 1, with the following contents: " ARTICLE 69 ^ 1 Application of the ordinary procedure Art. 56 56-69 shall apply accordingly to the other procedures provided for by this Law, in so far as the latter do not contain any special provisions or contrary provisions. " 64. Article 70 is amended and shall read as follows: "" ARTICLE 70 Return Decision (1) After the completion of the asylum procedure in the case of the foreigner who has not obtained international protection, the General Inspectorate for Immigration issues the return decision, which contains the obligation of the foreigner to leave the territory of Romania immediately or until on the expiry of the 15-day period provided for in 19 lit. j). (2) If, for objective reasons, the foreigner cannot leave the territory of Romania within the period provided for in art. 19 lit. j), the General Inspectorate for Immigration grants it the permission to remain on the territory of Romania, under the conditions provided by the legal regulations on the regime of foreigners in Romania. " 65. Article 73 is amended and shall read as follows: "" ARTICLE 73 Family detection in case of unaccompanied minor applicant or beneficiary of international protection (1) The General Inspectorate for Immigration shall take measures as soon as possible for the detection of the unaccompanied minor's family, while protecting the latter's best interests. (2) The unaccompanied minor's opinion on the detection of his family is taken into account and given due importance, in relation to the age and the degree of maturity thereof. (3) Data and information collected for the purpose provided in par. (1) are processed in compliance with the principle of confidentiality, especially when the life or physical integrity of a minor or his relatives who remained in the country of origin would be endangered. " 66. In Article 75, paragraph 2 shall be amended and shall read as follows: " (2) The applications for asylum of applicants who need special procedural or reception guarantees may be settled in the accelerated procedure only in the situation in par. ((1) lit. b). " 67. Article 76 (3), letter f) shall be amended and shall read as follows: " f) the applicant entered the territory of Romania illegally or illegally extended his stay and, without a good reason, either did not appear to the authorities or submitted his application for international protection as soon as possible, having regard to circumstances of its entry into the territory; ' 68. Article 76 (3), point g) shall be repealed. 69. Article 77 is amended and shall read as follows: "" ARTICLE 77 Safe countries of origin (1) Member States of the European Union, as well as other states established by order of the Minister of Internal Affairs, on the basis of the list, shall be considered as safe countries of origin, taking into account a series of criteria, including: a) the situation of respect for human rights and fundamental freedoms, as provided for and guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Romania by Law no. 30/1994 on the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and Additional Protocols to that Convention, as amended, hereinafter referred to as the European Convention, and/or the International Covenant with on civil and political rights, ratified by Romania Decree no. 212/1974 , and/or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984, to which Romania acceded by Law no. 19/1990 , in particular the rights from which no derogation is permitted, in accordance with art. 15 15 para. ((2) of the European Convention; b) the functioning of democratic principles, political pluralism and free elections, as well as the existence of functional democratic institutions to ensure the guarantee and respect of fundamental human rights; c) the existence of effective mechanisms for the violation of human rights and fundamental freedoms; d) compliance with the principle of non-refoulement, in accordance with the provisions of the e) the existence of factors of stability. (2) In the process of determining the safe country of origin, the General Inspectorate for Immigration takes into account information provided by other Member States, by the BESA, by the United Nations High Commissioner for Refugees (UNHCR), by the Council of Europe or other relevant international organisations. (3) The General Inspectorate for Immigration periodically reviews the situation in third countries designated as safe countries of origin, and on the basis of the resulting information, updates the list referred to in par. ((1). (4) The application for asylum of the foreigner who comes from a safe country of origin is rejected as evidently unfounded, unless the factual situation or evidence presented by the applicant shows the existence of a well-founded fear of persecution in the sense of 23 23 or exposure to a serious risk within the meaning of art. 26. In this case the applicant shall receive access to the ordinary procedure. " 70. In Article 80, paragraph 1 shall be amended and shall read as follows: "" (1) If a decision has been delivered to reject the application as evidently unfounded, the deadline for filing the complaint shall be 7 days after the communication. If the complaint is filed within the legal deadline, the applicant has the right to remain on the territory of Romania during the complaint. " 71. Article 83 is amended and shall read as follows: "" ARTICLE 83 Settlement of applications for international protection lodged at checkpoints for crossing the state border (1) The official referred to in art. 48 48 para. (2), after conducting the interview and analysing the reasons given for granting international protection, in relation to the data on the situation in the country of origin, it shall: a) the granting of a form of protection and access to the territory; or b) granting access to the territory and to the ordinary asylum procedure, if the application for asylum cannot be rejected for one of the reasons provided for in art. 76 76 para. ((1) or if there is evidence of evidence or circumstantial evidence indicating that the responsibility for examining the application for international protection belongs to another Member State or if there are indications of applicability the procedure of the first country of asylum, the safe third country procedure or the procedure of the safe European third country, as appropriate; c) rejection of asylum application as evidently unfounded and failure to grant access to the territory. (2) They are subject to the border procedure and asylum applications submitted, under the conditions of art. 82, by foreigners who have previously completed an asylum procedure in Romania. (3) In the situation referred to in par. (2) the official provided in art. 48 48 para. (2), on the basis of the reasoned request, of the documentation presented by the foreigner and in relation to the elements existing on his personal file, as well as after considering the conditions provided in art. 88 88 para. ((2), issue a judgment by which: a) grant access to the territory and to a new asylum procedure; or b) reject the application as inadmissible and do not grant access to the territory. (4) In the situation referred to in par. (1), if on the basis of the elements existing on the file it is possible to issue a decision granting access to the ordinary procedure, the asylum seeker is no longer subject to the interview provided in art. 45 45. " 72. Article 84 is amended and shall read as follows: "" ARTICLE 84 Asylum seekers requiring special procedural guarantees (. Applications for asylum of applicants in need of special procedural guarantees shall not be subject to the border procedure unless, for good reasons, the applicant may be considered a danger to public order or national security. ((2) Asylum seekers referred to in par. ((1) shall be granted access to the territory and to the ordinary procedure. " 73. In Article 85, paragraph 1 shall be amended and shall read as follows: " (1) Against the decision rejecting the application for asylum provided for in art. 83 83 para. ((1) lit. c) and para. ((3) lit. b) the foreigner may file a complaint within 7 days of communication. " 74. In Article 87, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) The applicant for international protection shall be notified immediately, in writing, in a language which he understands or is reasonably supposed to understand, information on the border procedure, the granting or non-granting of access to territory, the rights and obligations it has during the procedure, the manner of contesting the decision issued by the official provided for in art. 48 48 para. ((2), as well as on the possibility of requesting judicial public aid under the law. " 75. In Article 88 (1), letter b) shall be amended and shall read as follows: " b) the previous procedure for resolving the application for asylum or, where applicable, the application for granting access to a new asylum procedure has been completed, without the foreigner having obtained a form of protection, or the procedure for cancellation or termination as a result of which the form of protection has been cancelled or has ceased. " 76. After Article 88, a new article is inserted, Article 88 ^ 1, with the following contents: " ARTICLE 88 ^ 1 Rights and obligations of the foreigner during the procedure for granting access to a new asylum procedure ((1) During the procedure for the settlement of the application for granting access to a new asylum procedure, the foreigner has the following rights: a) to be informed, free of charge, in writing, in a language which he understands or is reasonably supposed to understand, at the time of the application, with regard to the procedure to be followed and the deadlines within this procedure, the rights and the obligations it has during the procedure, as well as the possible consequences of non-compliance with these obligations and the lack of cooperation with the authorities; b) to receive, on request, personally or, pursuant to an authorization in this regard, by lawyer or by the representative of the non-governmental organization legally representing him, copies of the documents in the personal file on the basis of which he is or a decision on its application is to be taken; c) to ensure, free of charge, an interpreter at any stage of the proceedings; d) to contact and be assisted by an official of the United Nations High Commissioner for Refugees (UNHCR) at any stage of the procedure; e) to be advised and assisted by a representative of non-governmental, Romanian or foreign organizations, at any stage of the procedure. ((2) In the course of the procedure for settling the application for access to a new asylum procedure, the foreigner has the following obligations: a) to submit to the competent authorities, in writing, the reasoned request; b) to present to the competent authorities complete and real information on the person and at his/her request; c) to submit all the documents available to him and which are relevant to his/her personal situation; d) to hand over the document for the passage of the state border, if it is in possession of such a document; e) to follow the stage of the procedure and to inform the General Inspectorate for Immigration of any change of residence; f) to respond to the requests of the General Inspectorate for Immigration; g) to respect the laws of the Romanian state, as well as the measures ordered by the General Inspectorate for Immigration. (3) The funds necessary to ensure the rights provided in par. ((1) lit. c) is borne by the state budget, through the budget of the Ministry of Internal Affairs. " 77. In Article 89, paragraph 2 shall be amended and shall read as follows: " (2) Provisions of para. ((1) shall not apply when: a) the documents from the file result that the application is made improperly to prevent the removal of the foreigner from the territory of Romania; b) the foreigner submits an application for access to a new asylum procedure, after previously an application of this type was rejected as inadmissible or, if following the granting of access to a new asylum procedure, his application was rejected as evidently unfounded. " 78. In Article 89, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Provisions of para. ((2) shall apply only where the return decision is deemed to be without prejudice to the principle of non-refoulement. " 79. In Article 89, paragraph 3 shall be amended and shall read as follows: " (3) In the cases provided in par. (2) a decision will be issued immediately by which the failure to remain on the territory of Romania is justified. This decision shall be communicated directly to the foreigner who has been informed of the date on which he must appear at the headquarters of the specialized asylum structure of the General Inspectorate for Immigration. If the foreigner does not appear on the date set, nor does he have reasons to justify his absence, the communication shall be made according to the provisions of art. 54 54 para. ((2) and (3), which shall apply accordingly. " 80. Article 91 is amended and shall read as follows: "" ARTICLE 91 Decision to resolve the application for access to a new asylum procedure (1) The decision shall be delivered within 5 days from the date of registration of the application, on the basis of the reasoned request, of the documentation submitted by the foreigner and in relation to the elements existing on his personal file. (2) The official referred to in art. 48 48 para. ((2) issue a judgment by which: a) grant access to a new asylum procedure; or b) reject the application as inadmissible. (3) The decision shall be communicated to the foreigner immediately, in writing, by direct communication by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the last declared residence of the latter. The judgment communicated shall be accompanied by an information in writing, in Romanian and in a language which the applicant understands or is reasonably supposed to understand, of the solution of admission or rejection of his or her application and the conditions of in which the judgment may be challenged, as appropriate. (4) The decision provided in par. ((2) may be communicated, as the case may be, to the lawyer or representative of the non-governmental organization legally representing the applicant, in so far as the applicant has expressly stated this. The communication is carried out directly by the representatives of the General Inspectorate for Immigration or by postal reference, with acknowledgement of receipt, at the address indicated by the lawyer or the representative of the (5) If the communication of the decision is not possible under the conditions provided in par. (3) or (4), it is made by displaying, at the headquarters of the structure of the General Inspectorate for issuing Immigration, an information note comprising: the number of the application, the number and date of the decision, the solution on the application, the deadline for submission of the complaint and the competent court with its resolution, in the case of decisions rejecting the application, and the date of the display. The information note is displayed throughout the period of submission of the complaint, and the decision is deemed to be communicated from the date of display of the information note. (6) If the conditions laid down in art. 88 88 para. (1), an appropriate ruling shall be issued immediately. ((2) lit. b) to which an information is attached as to the fact that it does not benefit from the permission to remain on the territory of Romania. Provisions of paragraph ((3)-(5) shall apply accordingly. " 81. In Article 93, paragraph 4 shall be amended and shall read as follows: " (4) In case of filing the complaint, the foreigner may ask to be granted permission to remain on the territory of Romania. The request for granting permission to remain on the territory of the Romanian state shall be settled as a matter of urgency by the competent court, which shall rule in the council chamber, with the citation of the parties, by a final conclusion. " 82. in Article 93, after paragraph 6, a new paragraph (7) is inserted, with the following contents: "" (7) Provisions of para. ((4)-(6) are not applicable in the case of the complaint made against the decision issued according to art. 91 91 para. ((6). ' 83. Article 94 ^ 1 is amended and shall read as follows: "" ARTICLE 94 ^ 1 Exception to the procedure for resolving the application for access to a new asylum procedure ((1) The procedure for settling the application for granting access to a new asylum procedure shall not apply if the foreigner submits a new application for international protection in Romania and if: a) is in one of the situations provided in art. 19 19 para. ((2) or (3) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), published in the Official Journal of the European Union L series, no. 180 180 of 29 June 2013 and the previous asylum procedure has been completed by decision closing the file; or b) the application was submitted within 9 months from the issuance of the closing decision as a result of the default waiver. (2) In the case provided in par. (1) the ordinary procedure for the resolution of the application for international protection, regulated by this law, shall apply. " 84. In Chapter V, the title of section 6 is amended and shall read as follows: " SECTION 6 Procedure of the first country of asylum, safe European third country and safe third country " 85. Article 95 is amended and shall read as follows: "" ARTICLE 95 First country of asylum ((. Where the foreigner has previously transited through a third country where he has been granted protection, it shall be considered the first country of asylum on the basis of the following criteria: a) life and freedom are not threatened for reasons of race, religion, citizenship, membership of a social group or political opinions; b) there is no serious risk for the purposes of this law; c) the principle of non-refoulement in accordance with the Geneva Convention is respected; d) the prohibition of expulsion in a state where the foreigner may be tortured or subjected to cruel, inhuman or degrading treatment is respected; e) protection granted subsistence. (2) In the situation referred to in par. ((1), if an individual analysis is found to be satisfied that the criteria on the basis of which a country can be considered the first country of asylum and if the foreigner is readmitted by that country, the General Inspectorate for Immigration may reject that inadmissible the application for asylum, by reasoned decision. " 86. Article 96 is amended and shall read as follows: "" ARTICLE 96 Safe European third country (1) A European country which is not a Member State of the European Union and which meets the following criteria shall be considered as a European safe third country: a) ratified and complies with the provisions of the Geneva Convention without any geographical limitations; b) has an asylum procedure provided for by national law; c) has ratified the European Convention and complies with its provisions, including standards on effective remedies. (2) If the foreigner tried to enter or entered Romania illegally coming from a safe European third country and this country expressed its agreement on its reception, the General Inspectorate for Immigration, based on an analysis individual, reject as inadmissible the application for asylum, by reasoned decision. " 87. Article 97 is amended and shall read as follows: "" ARTICLE 97 Safe third country (1) It is considered a safe third country a country with respect to which there are sufficient guarantees that in its territory the respect of the rights of an applicant for international protection is carried out in accordance with the following a) life and freedom are not threatened for reasons of race, religion, citizenship, membership of a social group or political opinions; b) there is no serious risk for the purposes of this law; c) the principle of non-refoulement in accordance with the Geneva Convention is respected; d) the prohibition of expulsion in a state where the foreigner could be subjected to torture or to which cruel, inhuman or degrading treatment should be applied; e) there is a possibility to seek recognition of refugee status and, if that status is granted, to benefit from protection under the Geneva Convention. (2) The General Inspectorate for Immigration rejects as inadmissible the application for asylum, by reasoned decision, when on the basis of an individual analysis it finds that: a) the principles set out in par. (1) are respected by the third country; and b) the third country has expressed its consent to the reception of the foreigner on its territory; and c) there is a link between the applicant for international protection and the third country, and on the basis of that link it can be reasonably assessed that the country is safe in relation to its personal situation. " 88. After Article 97, three new articles are inserted, Articles 97 ^ 1 to 97 ^ 3, with the following contents: "" ARTICLE 97 ^ 1 Procedure of the first country of asylum, safe European third country and safe third country (1) The applicant shall be given the opportunity to present, in an interview, the personal situation in order to determine whether in his case the provisions of art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. ((2). (2) The decision provided in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2) shall be issued without analysing the applicant's application on the merits and shall be communicated under the conditions of (3) Against the decision provided in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2) the applicant may lodge a complaint, the provisions of 80 80-81 applying properly. (4) After communication of the decision provided in art. 96 96 para. ((2) and art. 97 97 para. ((2), the General Inspectorate for Immigration informs the authorities of the safe European third country or, as the case may be, of the safe third country, in the language of that country, of the fact that the applicant's request was not examined in substance. (5) When it finds that the conditions laid down in art. 95, 96 or, as appropriate, art. 97, the General Inspectorate for Immigration grants access to the asylum procedure, based on a reasoned decision, and analyzes the application for asylum in accordance with the procedures provided for in this law. ARTICLE 97 ^ 2 List of safe European third countries and safe third countries The list of safe European third countries and safe third countries is on the proposal of the General Inspectorate for Immigration, based on the criteria provided for in art. 96 96 para. ((1), respectively with the consideration of the degree of compliance with the principles provided in art. 97 97 para. ((1). The list is approved by order of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. ARTICLE 97 ^ 3 Transfers under the procedure of the first country of asylum, the safe European third country and the safe third country ((1) The transfers of persons subject to the procedure provided for in this section shall be carried out in accordance with the conventions and agreements to which Romania is a party, and the coordination at national level of the implementation of transfers Ministry of Internal Affairs, through the General Inspectorate for Immigration. (2) Pursuant to the judgment provided for in art. 95 95 para. ((2), art. 96 96 para. ((2) and art. 97 97 para. (2), the General Inspectorate for Immigration shall implement the transfer measure to the first country of asylum, the safe European country or the safe third country. (3) In order to achieve the transfer according to para. (2), the removal of the foreigner from the territory is under escort, under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. (4) For the transfer of persons to the first country of asylum, the safe European country or the safe third country, the General Inspectorate for Immigration releases laissez-passer, to which the conventions or directly applicable acts of the European Union refer. ((5) The amounts necessary to cover the expenses incurred by the internal and international transport of the transferred persons, the security and their escorting during transport, the release of laissez-passer for the crossing of the borders external, under the conditions provided by the conventions and agreements to which Romania is part, shall be borne from the budget of the Ministry of Internal Affairs, through the General Inspectorate for Immigration, depending on the actual costs, within the limits of the funds allocated this destination from the state budget. " 89. In Article 98 (1), after letter f) a new letter, letter g) is inserted, with the following contents: "g) expressly waives, in writing, the status of refugee recognized by the Romanian State." 90. in Article 98, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The beneficiary of the refugee status who is in the situation referred to in par. ((1) lit. g) is informed, in a language which he understands or is reasonably supposed to understand, of the consequences of the waiver. " 91. In Article 99, paragraph 1 shall be amended and shall read as follows: " (1) subsidiary protection granted pursuant to art. 26 or 27 shall cease where the circumstances leading to it have ceased to exist or have changed to such an extent that this form of protection is no longer necessary, as well as when the beneficiary gives up the express, in writing, the subsidiary protection granted by the Romanian state. " 92. In Article 99, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The beneficiary of subsidiary protection who expressly waives this form of protection, according to par. ((1), shall be informed, in a language which he understands or is reasonably supposed to understand, of the consequences of the waiver. " 93. Article 102 is amended and shall read as follows: "" ARTICLE 102 Triggering the termination or cancellation procedure (1) The procedure for termination or cancellation of international protection shall be triggered by the General Inspectorate for Immigration ex officio or at the proposal of one of the institutions with attributions in the field of national security or public order, when new elements or data appear that indicate the existence of reasons for the reanalysis of the situation of persons benefiting from international protection within the meaning of this Law. ((2) If the procedure for termination or cancellation of international protection is triggered at the proposal of one of the institutions with attributions in the field of national security or public order, the General Inspectorate for Immigration inform that institution of the finality of the procedure. '; 94. In Article 103, paragraphs 1 and 2 shall be amended and shall read as follows: "" ARTICLE 103 Reconsidering the situation of persons who have received a form of protection (1) The official referred to in art. 48 48 para. (2), in charge of the case, shall inform the beneficiary of international protection in writing of: a) the initiation of the cessation procedure or, as the case may be, the cancellation of the international protection granted by the Romanian state, as well as the reasons that determined the b) the rights and obligations it has during this procedure; c) the possibility to present, in a personal interview or by a written declaration, the reasons why its international protection should be maintained. (2) During the termination procedure or, as the case may be, the cancellation of international protection granted by the Romanian state, the foreigner who benefited from such protection has the following rights and obligations: a) the right to be assisted by a lawyer; b) the right to be provided, free of charge, an interpreter; c) the right to contact and to be assisted by an official of the United Nations High Commissioner for Refugees (UNHCR); d) the right to be counseled and assisted by a representative of non-governmental, Romanian or foreign organizations; e) the right to provide, on request, legal and procedural information, including information on the procedure in the administrative phase, under the law on civil judicial aid in civil matters, taking into account the situation personal of the stranger; f) the right to provide, upon request, information to clarify the grounds for a decision to terminate or, where appropriate, to annul international protection in the administrative phase and to explain how such a judgment may be appealed, under the law on civil judicial aid in civil matters; g) the obligation to present to the competent authorities complete and real information on the personal situation; h) the obligation to submit all the documents available to him and which are relevant to his/her personal situation; i) the obligation to follow the stage of the procedure and to inform the General Inspectorate for Immigration about the change of residence, no later than 5 days after the situation; j) the obligation to respond to the requests of the bodies responsible for asylum. " 95. in Article 103, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) The General Inspectorate for Immigration grants, upon request, the United Nations High Commissioner for Refugees (UNHCR) access to information on the conduct of the reanalysis of the situation of beneficiaries of international protection and the decisions issued, if the foreigner has agreed to do so. In the performance of his supervisory mission that he confers to art. 35 of the Geneva Convention, the United Nations High Commissioner for Refugees (UNHCR) has the right to present its views to the competent authorities, on the procedure for reconsidering the situation of beneficiaries of protection international, at any stage of this procedure. " 96. In Article 125, paragraph (2 ^ 1) is amended and shall read as follows: " (2 ^ 1) In order to carry out the transfer in the responsible Member State, the removal of the foreigner from the territory can be made voluntarily, controlled by driving at the border crossing point or with escort to the country of destination. Removal under escort is done under the conditions Government Emergency Ordinance no. 194/2002 , republished, with subsequent amendments and completions. " 97. Articles 129 ^ 1-129 ^ 4 shall be repealed. 98. Article 144 is amended and shall read as follows: "" ARTICLE 144 Principle of responsible Member State In the case of asylum applications lodged at a checkpoint for the crossing of the state border, the applicant shall be informed in writing by the Romanian Border Police, in a language which he understands or is reasonably supposed to be. understand, that information relating to the request and its person, including the papillary fingerprints taken, may be the subject of the exchange of information between the Member States of the European Union or other states that have agreed through a special agreement to participate in this mechanism, with the sole purpose of establishing the Member State responsible for consideration of a request for asylum. " 99. Article 146 is amended and shall read as follows: "" ARTICLE 146 Granting of long-term residence rights The Ministry of Internal Affairs, through the General Inspectorate for Immigration, can approve the beneficiary of international protection, during its stay on the territory of Romania, depending on the degree of its integration in society, the granting of long-term stay, under the regulations regarding the regime of foreigners in Romania. In this regard, the foreigner is exempted from the obligation to present the travel document issued on the basis of the protection form granted. " 100. The entry for the transposition of the rules of the European Union shall be amended and read as "" The present law transposes: - Directive 2001 /55/EC of the Council of 20 July 2001 on minimum standards for the granting of temporary protection, in the event of a massive influx of displaced persons, and measures to promote a balance between Member States ' efforts to receive these persons and bearing the consequences of this receipt, published in the Official Journal of the European Communities, L series, no. 212 212 of 7 August 2001; - Directive 2003 /86/EC of 22 September 2003 on the right to family reunification, published in the Official Journal of the European Union, L series, no. 251 251 of 3 October 2003; --art. 2 lit. f), art. 12 12 para. ((3a) and (3b) and art. 19a para. ((1) and (2) of Directive 2003 /109/EC of the Council of 25 November 2003 on the status of third-country nationals who are long-term residents, published in the Official Journal of the European Union, Special Edition 2007, Chapter 19-"Area of freedom, security and justice", Volume 6, as amended by Directive 2011 /51/EU of the European Parliament and of the Council of 11 May 2011 amending Directive 2003 /109/EC of the Council with a view to extending its scope to beneficiaries of international protection, published in the Official Journal of the European Union, L series, no. 132 132 of 19 May 2011; - Directive 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 on standards relating to the conditions to be met by third-country nationals or stateless persons in order to qualify for international protection, uniform for refugees or persons eligible for subsidiary protection and the content of the protection granted, published in the Official Journal of the European Union, L series, no. 337 337 of 20 December 2011, except art. 7 7 and art. 9 9 para. ((3); - Directive 2013 /32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, except art. 49 49; - Directive 2013 /33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), published in the Official Journal of the European Union, L series, no. 180 180 of 29 June 2013, with the exception of Annex I. ' + Article II Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of 5 June 2008, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 9, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) The inspector general of the General Inspectorate of the Border Police establishes, by disposition, the location of the locations outside the border crossing points provided in par. (3), the rules of interior order that foreigners staying in these locations are obliged to observe, as well as the organization of access, security, surveillance and accompanying foreigners in and from those locations. At the request of the Inspector General of the General Inspectorate of Border Police, the other structures of the Ministry of Internal Affairs, other central public administration authorities, as well as local public administration authorities provide support, within the limit of their own legal duties, for the organization and operation of locations outside the border crossing points provided in par. ((3). ' 2. In Article 101, paragraph 8 shall be amended and shall read as follows: " (8) If, after taking into public custody of a foreigner, it is found that it is applicable to the provisions of art. 82 82 para. ((1) or art. 96 96 para. ((1), the measure taken into public custody shall cease from law. If the foreigner makes an application for international protection for the first time, the measure taken into public custody shall cease at the time of granting access to the ordinary asylum procedure. When making an application for access to a new asylum procedure, the measure taken into public custody shall cease at the time of granting access to the new procedure. " 3. In Article 144, paragraphs 5, 6 and 8 shall be amended and shall read as follows: "" (5) Expenses occasioned by the execution of measures to remove foreigners who do not have the necessary funds in this regard, expenses for the transport, feeding, maintenance and accommodation of foreigners in spaces in the transit zone or in locations outside the border crossing points provided for in art. 9 9 para. (3) or in the centers, the expenses determined by the destruction by foreigners of the goods located outside the border crossing points provided in art. 9 9 para. ((3) or of the centers, as well as the expenses necessary to ensure foreigners staying in the spaces of the transit area or in the locations outside the border crossing points provided in art. 9 9 para. (3) or in the centers of healthcare, hospitalization and the right to communicate with the diplomatic and consular representatives of the state of origin, with their family members and with the legal representative shall be borne from the budget of the Ministry of Internal Affairs, within the funds allocated to these destinations. (6) The costs related to the construction, arrangement, maintenance and operation of the locations outside the border crossing points provided in art. 9 9 para. (3) and of the centers shall be borne from the budget of the Ministry of ...................................... (8) The rules of endowment for locations outside the border crossing points provided for in art. 9 9 para. (3) and for centers, the rules on maintenance and personal hygiene materials, as well as food norms for foreigners accommodated according to art. 9 9 para. (3) and for foreigners taken into public custody shall be established by Government decision. " + Article III Transitional provisions (1) The provisions regarding the placement of applicants for international protection in specially arranged enclosed spaces, contained in this law, shall apply from April 20, 2016. (2) Complaints filed before the date of entry into force of this law remain subject to old law, even if registered with the court after that date. + Article IV Law no. 122/2006 on asylum in Romania, published in the Official Gazette of Romania, Part I, no. 428 of May 18, 2006, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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, 16 December 2015. No. 331. -------