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Law No. 318 Of December 11, 2015

Original Language Title: LEGE nr. 318 din 11 decembrie 2015

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LEGE no. 318 318 of 11 December 2015 for the establishment, organization and functioning of the National Agency for the Administration of Preserved Goods and for the modification and completion of some normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 961 961 of 24 December 2015



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The National Agency for the Administration of Preserved Goods, hereinafter referred to as the Agency, a public institution of national interest with legal personality, subordinated to the Ministry of Justice, shall be established. (2) The Agency is based in Bucharest, str. Apolodor no. 17, Sector 5. The change of headquarters within Bucharest is carried out by Government decision. + Article 2 ((1) The Agency shall be designated as national public office for the recovery of claims, Decision 2007 /845/JHA of the Council of 6 December 2007 on cooperation between the Office for the recovery of claims in the Member States in the field of the pursuit and identification of products originating in the commission of criminal offences or other goods relating to Crime. (. The Agency shall be designated as national office for the management of frozen goods within the meaning of Article 10 10 of Directive 2014 /42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instruments and proceeds of crime in the European Union. + Article 3 The Agency shall: a) to facilitate the pursuit and identification of goods from the commission of crimes and other property related to crimes and which could be subject to a provision of freezing, seizure or confiscation issued by a competent judicial authority in the course of criminal proceedings; b) simple administration, in the cases provided by this law, of movable property preserved in the criminal proceedings; c) of valorization, in the cases provided by law, of movable property seized in the criminal proceedings; d) management of the integrated national IT system for the record of claims arising from crimes; e) to support, under the law, judicial bodies for the use of best practices in the field of identification and administration of goods that may be subject to freezing and confiscation measures in the criminal proceedings; f) coordination, evaluation and monitoring at national level of the application and compliance of legal procedures in the field of recovery of claims arising from crimes. + Article 4 (. In carrying out its functions, the Agency shall cooperate with: a) the Public Ministry; b) Superior Council of Magistracy; c) Ministry of Internal Affairs; d) Ministry of Public Finance; e) National Agency for Fiscal Administration; f) National Trade Register Office; g) Financial Supervisory Authority; h) National Office for Prevention and Control of Money Laundering; i) Anti-fraud department; j) National Agency for Cadastre and Real Estate Advertising; k) National Union of Executors; l) National Union of Public Notaries in Romania; m) National Union of Romanian Bars; n) any other authority or public institution with powers relevant to the work carried out by the Agency. (2) Within 120 days from the date of entry into force of this Law, between the Agency and the institutions referred to in par. ((1) lit. a)-m) conclude cooperation protocols establishing the concrete ways of direct or indirect access to databases on any category of goods that may be the subject of a precautionary measure or confiscation, and the procedures for cooperation in the management and recovery of seized and confiscated property. + Article 5 The principles by which the Agency's work is carried out are the legality, confidentiality, integrity, operational autonomy, speed, efficiency and respect for the legitimate rights and interests of the owners, holders of other rights to goods and third parties. + Chapter II Management, organization and functioning of the + Article 6 (1) The Agency shall be headed by a general manager, judge, prosecutor or legal specialist, assimilated to judges and prosecutors, appointed by order of the Minister of Justice. (2) The Director-General shall be assisted by a Deputy Director-General, public office of management, appointed by order of the Minister of Justice, at the proposal of the Minister In case of impossibility to exercise the duties provided by the law by the Director General, the Deputy Director-General shall exercise his/her duties. (3) The Director-General and the Deputy Director-General shall be appointed for a term of 4 years, which may be extended only once, for a further 4 years. (4) The functions of general manager and deputy general manager shall be handled by posting during the term of office provided in par. ((3), by way of derogation from the legal provisions regarding the duration of posting. + Article 7 In order to be appointed Director General of the Agency, the person must meet the following cumulative conditions: a) to have actually performed in the last 5 years, until the date of appointment, the position of judge, prosecutor or legal specialized personnel assimilated to judges and prosecutors; b) have seniority in the functions referred to in lett. a) for at least 8 years; c) not to have been disciplined in the last 5 years; d) have managerial experience of at least 3 years in management positions. + Article 8 (1) In order to be appointed Deputy Director-General of the Agency, the person must meet the following cumulative conditions: a) be a public official within the Ministry of Public Finance or the National Agency for Fiscal Administration; b) to be licensed in economic sciences and to hold seniority in economic specialty for at least 8 years; c) not to be part of any political party, from any party or political alliance; d) not be a taskforce, including covered, informant or collaborator of the intelligence services; e) have no criminal record; f) to have managerial experience of at least 3 years in management positions. (2) Proof of meeting the conditions provided in par. ((1) lit. c) and d) is made on the basis of the affidavit, authenticated by a notary public. + Article 9 ((. The mandate of the Director-General and of the Deputy Director-General shall cease to be a) resignation; b) managerial incapacity, found according to the provisions of art. 11 11 para. ((3); c) final conviction for committing a crime; d) when non-compliance with the legal provisions on conflict of interest, the regime of incompatibilities or when the confiscation of a part of the wealth or a determined good is ordered; e) failure to fulfill any of the conditions provided in art. 7 7 or 8. (2) The termination of the term of office of the Director-General and of the Deputy Director-General shall be ordered + Article 10 (1) The director-general directs the activity of the Agency, represents it in relations with the public administration authorities, with central and local public institutions, with Romanian or foreign legal and physical persons, as well as in justice. The Director-General may delegate his duties. (2) In the exercise of his/her duties, the Director-General shall issue decisions and instructions of an administrative nature, (3) The general manager is a tertiary authorising officer. + Article 11 (1) The quality assessment of the Agency's management is done annually, through an independent external (2) Financing of the audit referred to in par. (1) is made from the Agency's budget. The selection of the entity that will carry out the audit is done in compliance with the legal provisions on (3) The audit report shall be drawn up in the first 3 months of the year and shall include, on a compulsory basis, references to the performance of managerial tasks, organization of activity, assumption of responsibilities by the management of the Agency, necessity additional to the posts of the Agency or its internal reorganization. ((4) Within a maximum of 5 days from the receipt of the audit report, the Director General of the Agency shall communicate to the Minister of Justice and the Council of the Agency referred to in art. 12. (5) The first audit report shall be carried out in the calendar year immediately following that in which the Agency became operational and operated for a minimum of 9 months. + Article 12 (1) The Agency shall operate under the coordination of a Council, composed of the Director-General of the Agency, 3 representatives of the Prosecutor's Office of the High Court of Cassation and Justice, one of them from the National Anti-Corruption Directorate and one from the Directorate for Investigation of Organized Crime and Terrorism, one representative of the Ministry of Justice, the Superior Council of Magistracy, the Ministry of Internal Affairs, the Ministry of Finance Public, as well as the National Agency for Fiscal Administration. The appointment of the members of the Council shall be carried out by order or decision of the head of each institution represented, for a period of (2) The work of the Council is not permanent. The Council shall meet at least twice a year, or whenever necessary, at the convocation of the Director-General of the Agency or at the request of at least one third of its members. (. The Council shall be deemed to be legally convened if at least two thirds of its members are present. ((. The work shall be conducted by a President-elect of the Council for a term of one year. ((. The agenda shall be determined on the basis of the proposal of the Director-General or the members of the Council who convened the meeting The agenda shall be notified to the members of the Council at least 10 days before the hearing. (6) With the approval of the majority of its members, any person whose presence is deemed to be useful, including representatives of civil society, may attend the Council meetings. (. In the performance of its tasks, the Council shall adopt decisions by the majority of its members (8) The membership of the Council or its chairman is not incompatible with the functions of judge, prosecutor, legal specialist personnel assimilated to judges and prosecutors or civil servant. + Article 13 The Council shall: a) analyze the briefings and reports submitted by the Director-General of the Agency relating to its activity, half-yearly or whenever requested by the Council; b) approve the annual activity report of the Agency, which shall be submitted by its Director-General; c) approve the Agency's operational strategy, which shall be submitted by its Director-General at the beginning of each year; d) endorses the Agency's working methodology for assessing and capitalizing on the right seized mobile assets art. 252 ^ 1-252 ^ 4 of Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions, as well as with those brought by this law, proposed by the Director-General of the Agency; e) endorses the public policy proposals of the Agency in the field of recovery of claims arising from crimes; f) analyzes the annual independent external audit report provided for in art. 11 11; g) identifies, on the basis of the reports referred to in a), b) and f), the problems arising in the activity of the Agency and makes recommendations to the management of the Agency for the efficiency of the activity in the field of identification, administration and valorization of seized and confiscated goods, recommendations of an organizational or managerial nature. + Article 14 (1) The Agency shall have its own administrative apparatus, organised in services and offices. (2) On the proposal of the Director General of the Agency, by order of the Minister of Justice, territorial structures without legal personality can be established (3) The number of posts of the Agency shall be determined by Government decision. (4) The regulation of organization and conduct of the contest for the categories of personnel provided in par. ((5) lit. a) and b) shall be approved by the Council at the proposal of the Director-General (5) The Agency operates with the following categories of posts: a) legal specialized personnel assimilated to judges and prosecutors under Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions; b) goods tracking and administration inspectors, hereinafter referred to as inspectors, specific public office, under the conditions Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions; c) civil servants, under the conditions Law no. 188/1999 , republished, with subsequent amendments and completions; d) contract staff, under the conditions Law no. 53/2003 -Labor Code, republished, with subsequent amendments and completions. (6) In order to be appointed as inspector, the person must meet, in addition to the conditions laid down in art. 54 54 of Law no. 188/1999 , republished, with subsequent amendments and completions, and the following cumulative conditions: a) be licensed in economic or legal sciences; b) not to be part of any political party, from any party or political alliance; c) not to be an operative worker, including covered, informant or collaborator of the intelligence services; d) have no criminal record. (7) Proof of meeting the conditions provided in par. ((5) lit. b) and c) is made on the basis of the affidavit, authenticated by a notary public. (8) At the request of the Agency, the institutions provided in 4 may detach and/or delegate personally within it, under the law. Civil servants with special status may be posted on the functions provided in par. ((5) lit. b). (9) Competences regarding the appointment, promotion, sanctioning, termination of office and all other aspects related to the conduct of employment relations on staff of the Agency shall be exercised by the Director-General of the Agency, in compliance with the procedures and conditions provided by law. (10) The functions of chief service and head office are occupied by decision of the Director General of the Agency, under the law, of the categories of personnel provided in par. ((5) lit. a)-c). (11) The legal provisions regarding the declaration of assets and interests shall apply to the staff of the Agency accordingly. ((12) The functions held within the Agency are incompatible with any other public or private functions, with the exception of teaching positions in higher education, as well as those of instruction within the National Institute of Magistracy or of The National School of Grefieri, under the law. + Article 15 (1) The salary of the deputy director-general shall be determined by assimilation with the position of director in the National Office for Prevention and Control of Money Laundering. (2) Salarization of the office of head of service shall be established by assimilation with the position of head of service within the National Office for Prevention and Control of Money Laundering. For the position of head of service, the minimum age in the specialty is 7 years. (3) The salary of the office of chief of office shall be established by assimilation with the position of head of department within the National Office for Prevention and Control of Money Laundering. For the office of head office, the minimum age in the specialty is 5 years. (4) The salary of the senior inspector shall be established by assimilation with the position of financial analyst first degree in the National Office for Prevention and Control of Money Laundering. For the position of inspector the higher degree, the minimum age in the specialty is 8 years. (5) The salary of the chief inspector shall be determined by assimilation with the position of financial analyst, grade II, within the National Office for Prevention and Control of Money Laundering. For the position of inspector the main degree, the minimum age in the specialty is 6 years. (6) Salarization of the office of inspector assistant degree is established by assimilation with the position of financial analyst grade III within the National Office for Prevention and Control of Money Laundering. For the position of assistant inspector, the minimum age in the specialty is 3 years. (7) By seniority in the sense of paragraph. (2)-(6) means seniority in the specialty of studies. (8) Civil servants and contract staff of the Agency shall be salarized according to the legal provisions applicable to the same personnel of the Ministry of Justice. + Article 16 (1) The organization and functioning regulations, as well as the organization chart of the Agency shall be approved by Government decision, within 60 days from the date of entry into force of this Law. (2) The tasks and tasks of the Agency's staff shall be established by the job description, based on the organization and functioning regulations. (3) The Agency shall have its own fleet. The maximum number of cars, fuel consumption and the use of the car park are established by Government decision. + Article 17 (1) The Agency shall finance itself from the state budget, through the budget of the Ministry of Justice The costs incurred by the Agency's tasks shall be borne by its budget. (2) The Agency may receive donations, sponsorships and access other sources of funding, according to the legal provisions. + Article 18 The correspondence shall be transmitted to the Agency, as a rule, in electronic form, to its official e-mail address. In order to receive and keep the entire correspondence, the Agency organizes its own electronic archiving system, according to the provisions Law no. 135/2007 on the archiving of documents in electronic form, republished. + Article 19 (1) In the exercise of its functions and duties, the Agency shall process personal data in accordance with the principles set out in Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, by Law no. 682/2001 on the ratification of the Convention for the Protection of Persons from the Automated Processing of Personal Data, adopted in Strasbourg on 28 January 1981, as amended, and by other relevant legal regulations in Domain. (2) In exercising the function provided in art. 3 lit. a), the Agency processes and transmits to other offices of recovery of claims or authorities with similar duties from other Member States of the European Union data and information relating to goods of identified or identifiable natural persons. (3) The persons concerned benefit from the rights guaranteed by the provisions provided in par. ((1). ((4) The Agency shall apply appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, modification, disclosure or unauthorised access, in particular if processing that data transmission is carried out within a network, as well as against any form of illegal processing. + Chapter III Powers to facilitate the identification and tracing of goods which may be subject to precautionary measures during criminal proceedings, special or extended confiscation + Article 20 In the field of identification of goods which may be subject to precautionary measures during criminal proceedings, special or extended confiscation, the Agency shall carry out the following tasks: a) cooperate with the debt recovery offices or similar authorities in other Member States of the European Union, by ensuring the exchange of data and information, in order to fulfil the function provided for in art. 3 lit. a); b) cooperate with the competent Romanian public authorities and institutions referred to in art. 4 4 para. ((1) in order to identify and prosecute goods that may be subject to precautionary measures in the course of criminal proceedings, special or extended confiscation, the transmission of data and information to which it has direct access or indirectly; c) ensure Romania's representation at the level of the Camden Interagency Network for Debt Recovery (CARIN) and exchange data and information for this purpose, including at the level of other similar networks. + Article 21 ((1) The transmission of data and information requested by other offices for the recovery of claims or authorities with similar duties from other Member States of the European Union in the case of offences referred to in art. 96 96 of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions, shall be carried out within the following deadlines: a) 8 hours-in the case of urgent requests; b) one week-in the case of non-emergency requests. ((2) Where requests for data and information refer to facts other than the offences provided for in art. 96 96 of Law no. 302/2004 , republished, with subsequent amendments and completions, the deadline for transmission is 14 days. (3) If the data or information requested according to par. ((1) or (2) may not be transmitted in compliance with these deadlines, the requesting competent authority shall be informed by means of the form set out in Annex no. 1. ((. The transmission of the request for assistance shall be made by any means able to produce a written document and under conditions allowing the receiving authorities to establish their authenticity. + Article 22 ((. The Agency shall transmit the data and information it holds, either ex officio or at the request of a recovery office of the claims or of a similar authority in other Member States of the European Union or of a judicial authority Novels. (2) The ex officio transmission of the data and information takes place, pursuant to the prior request, without the need for a new request, if the Agency considers that they would lead to the facilitation of the tracking and identification of the goods by these offices or authorities. (3) In order to transmit the data and information requested according to art. 19, under conditions of speed, at the level of the institutions provided for in art. 4 4 para. (1) shall be designated persons responsible for communicating the data and information requested by the Agency. + Article 23 (1) If, in order to obtain certain data and information necessary for the performance of the duties provided for in art. 20 a special authorization is required, the Agency has the obligation to submit all due diligence to obtain that authorization, under the law. ((. Where the data and information required are obtained from another Member State of the European Union or a third country and are subject to the principle of speciality, their transmission to the Office or the requesting authority may be made only after obtaining the agreement of the Member State of the European Union or of the third country which communicated them. + Article 24 (1) In carrying out the duties provided by law, the criminal investigation body, the prosecutor or the court may request data and information either to the Agency or to other claims recovery offices or authorities with similar duties from other Member States of the European Union or third country, through the Agency. ((. The request shall be made by means of the form set out in Annex no. 2. + Article 25 In situations where obtaining data and information exceeds the framework of facilitating the identification and tracking of goods, the Agency informs the criminal investigation body, the prosecutor or the court that requested this data on the procedure to be followed according to the regulations of international judicial cooperation in criminal matters + Article 26 (1) In the situations provided in art. 21 the Agency may refuse the collection or transmission of the data and information requested: a) if there are grounds to assume that the collection or provision of: ((i) would prejudice national security; (ii) would jeopardise the proper conduct of a police investigation or criminal proceedings; ((iii) would imply disproportionate effort or would be irrelevant in relation to the purposes for which the data and information were requested; b) if the punishment provided by the Romanian criminal law for the crime referred to in the application is imprisonment of up to one year. (2) The Agency shall refuse the collection and communication of data and information if the competent judicial authority has not authorized access to the requested information or their transmission in the event that the provisions of art. 23. + Chapter IV Duties on preserved goods + Section 1 Duties on the amounts of money preserved + Article 27 ((1) The Agency shall manage and keep records of the amounts of money subject to the right seizure art. 252 252 para. ((2) of Law no. 135/2010 , with subsequent amendments and completions, of the amounts of money resulting from the valorization of perishable goods under the conditions art. 252 252 para. ((3) of Law no. 135/2010 , with subsequent amendments and completions, of the amounts of money resulting from special cases of valorization of sequestered movable property, provided by art. 252 ^ 1 of Law no. 135/2010 , with subsequent amendments and completions, as well as those brought by this law, as well as the amounts of money due with any title to the suspect, the defendant or the civilly responsible party, who are the subject of the right attachment art. 254 254 of Law no. 135/2010 , with subsequent amendments and completions. (2) The records provided in par. (1) includes information on the number of the criminal case, the organ that ordered the taking of the precautionary measure, the identification data of the suspect, the defendant or the person responsible civilly, as well as the injured party, the amount of money that makes the object of the seizure, the value until which the precautionary measures were established, as well as the accrued interest. (3) In fulfilling the attribution provided in par. (1), on behalf of the Agency, a single account shall be opened in lei and single accounts for each foreign currency, at a bank selected in compliance with the legal provisions on public procurement. The accounts opened by the Agency shall include sub-accounts opened in the name of each individual or legal person, provided in par. ((1). ((. The Bank shall make available to the Agency the statements of account for operations carried out in the accounts opened in its name. (5) All amounts of money transferred to the accounts opened on behalf of the Agency, in accordance with par. (3), are interest-bearing. (6) The Agency shall communicate electronically alerts on the lifting of precautionary measures by the prosecutor, the judge of rights and freedoms or by the court, to all public institutions and professional entities with attributions in the field of forced execution, which have the obligation to communicate within 15 working days whether other precautionary measures have been established on the same good. If no other precautionary or enforceable measures have been established, the Agency shall keep the amount in the account notified by the suspect, defendant, person responsible for civility or person in the property or possession of which the goods subject to the measures insurers, as the case may be, opened in its name, at a banking unit on the territory of Romania If other precautionary measures have been established, the provisions of the common law on the matter remain applicable. (7) Within no more than 3 working days from the communication of the enforceable title, if the insurance measure was ordered for the purpose of repairing the damage caused by the crime, according to art. 249 249 para. ((1) of Law no. 135/2010 , with subsequent amendments and completions, and the amount of money was transferred to the account provided in par. (3), the Agency shall inform the civil party, in order to implement the enforceable title, under the law, as well as all public institutions and professional entities with powers in the field of forced execution. Payment of the amount of money in the accounts provided in par. (3) shall be carried out by the Agency, under the law, on the basis of the provision issued by the competent enforcement body. (8) Within 30 days from the communication of the final conclusion of the preliminary chamber judge or the final judgment of the court ordering the confiscation of the amounts of money in the account provided in par. (3), the Agency turns the amount as income to the state budget. + Section 2 Duties on the management of frozen movable property + Article 28 (1) At the request of the prosecutor or the court, the Agency shall temporarily store and manage the preserved movable property whose individual value exceeds, at the time of the disposition of the insurance measure, the equivalent in lei of the amount of 15,000 euros; for this purpose, the Agency is appointed custodian, in the sense art. 252 252 para. ((9) of Law no. 135/2010 , with subsequent amendments and completions. (2) The goods referred to in par. (1) are handed over to the Agency pursuant to a pre-takeover report concluded between the Agency and the bodies carrying out the precautionary measures, according to art. 251 251 of Law no. 135/2010 , with subsequent amendments and completions, respectively according to the provisions art. 7 lit. e) of Law no. 188/2000 on bailiffs, republished, with subsequent amendments and completions. The model of the minutes is established by the protocol on cooperation procedures in the field of administration and valorization of seized and confiscated goods, provided in art. 4 4 para. ((2). (3) In fulfilling the attribution provided in par. (1), the Agency may conclude public contracts in compliance with the legal provisions in the field. The expenses incurred by the storage and administration of seized movable property shall be borne by the Agency's budget. (4) For the movable property referred to in par. (1), in custody, the Agency is authorized, with the prior approval of the prosecutor or, as the case may be, of the court, to obtain the consent of the owner of the property in order to capitalize on art. 252 ^ 1-252 ^ 4 of Law no. 135/2010 , with subsequent amendments and completions, as well as those brought by this law. + Section 3 Duties on special cases for the valorisation of sequestered movable property + Article 29 (1) From the disposition of the prosecutor, the judge of rights and freedoms or the court of law, the Agency proceeds to immediately capitalize on the seized movable property, in the cases provided by art. 252 ^ 1 of Law no. 135/2010 , with subsequent amendments and completions, as well as those brought by this law. (2) The goods referred to in par. (1) are handed over to the Agency pursuant to a pre-takeover report concluded between the Agency and the bodies carrying out the precautionary measures, according to art. 251 251 of Law no. 135/2010 , with subsequent amendments and completions. The model of the minutes is established by the protocol on cooperation procedures in the field of administration and valorization of seized and confiscated goods, provided in art. 4 4 para. ((2). ((3) Based on the information managed through the integrated national computer system of record of claims arising from crimes, the Agency may propose, ex officio, to the prosecutor, to the judge of rights and freedoms or to the court the procedure for the valorisation of seized movable property. (4) The Agency is authorized, with the prior approval of the prosecutor or, as the case may be, of the court, to obtain the consent of the owner of the property for recovery under the art. 252 ^ 1-252 ^ 4 of Law no. 135/2010 , with subsequent amendments and completions, as well as those brought by this law. (5) Harnessing the goods provided in par. ((1) is carried out: a) by the Agency, by public auction; b) by specialized entities or companies, selected in compliance with the legal provisions on public procurement; c) through bailiffs, according to their own procedures; d) by the tax authorities, according to their own recovery procedures. (6) The Director-General of the Agency shall decide on one of the methods of recovery listed in par. ((5), in accordance with the working methodology on the valuation and valorisation of sequestered movable property. The working methodology is endorsed by the Council and is approved by joint order of the Minister of Justice and the Minister of Public Finance. (7) In order to determine the price at which the goods referred to in par. (1), the Agency may hire authorized assessors, under the law. In the cases provided in par. ((5) lit. b)-d), the goods shall be capitalized at the price established by the Agency, according to the working methodology provided in par. ((6). (8) If the goods are not sold within 6 months from the communication of the provision provided in par. (1), the Agency informs the prosecutor, the judge of rights and freedoms or the court. + Section 4 Duties on buildings seized + Article 30 (1) The National Agency for the Management of Preserved Goods shall keep records of the buildings on which the legal mortgage was requested, under the conditions of the Code of Criminal Procedure, as well as of the buildings on which it was requested noting the precautionary measure, based on the prosecutor's order or the conclusion of the judge. (2) In this regard, the prosecutor, the preliminary chamber judge or the court that ordered the seizure to be instituted shall transmit to the Agency a copy of the order or the conclusion by which the seizure was ordered and a copy of the minutes of Seizure. (3) The National Agency for Cadastre and Real Estate Advertising, through the competent territorial offices, has the obligation to communicate ex officio to the Agency, by electronic means, the land book terminations by which the entries provided for para. (1), within a period and in the format to be established by the protocol concluded under the conditions of art. 4 4 para. ((2). ((4) At the request of the Agency, public authorities and institutions, as well as any other legal persons governed by private law, transmit to it the information they hold on the legal situation, the physical state, and any other data relating to the goods referred to in paragraph ((1). + Chapter V Duties on confiscated property + Article 31 (1) The Agency shall keep records of decisions and terminations by which the security measure of the special confiscation or of the extended confiscation ordered by the Romanian courts, as well as those communicated to the Romanian authorities by the foreign courts, has been taken. ((. The Judge delegated with the execution shall transmit to the Agency a copy of the judgment or conclusion by which the safety measure of special confiscation or extended confiscation has been taken. (3) The assets under the administration of the Agency, confiscated in the criminal proceedings, shall be handed over to the recovery bodies, according to the Government Ordinance no. 14/2007 for the regulation of the way and conditions for the valorization of the goods entered, according to the law, in the private property of the state, + Article 32 (1) The Agency shall analyse, on a quarterly basis, the manner and the degree of valorisation of goods subject to special confiscation or extended confiscation. In exercising this task, the Agency shall request data and information from the competent public authorities and institutions. (2) The Agency shall analyse, on a quarterly basis, how it is used, according Government Emergency Ordinance no. 7/2015 on the establishment of the destination of confiscated immovable property, immovable property entered, by confiscation, in the private property of the state. In exercising this task, the Agency shall request data and information from the competent public authorities and institutions. (3) The public agency on its website updated information about every property confiscated within the criminal proceedings, including the legal situation, site, photographs, the date of passage into the private property of the state, as well as other relevant data. + Article 33 In order to carry out the tasks, as well as in order to implement programs specific to its field of competence, the Agency may receive real estate under the law. + Article 34 Immovable property entered, by confiscation, in the private property of the state can be transmitted free of charge in the private domain of administrative-territorial units, at the request of the county council, respectively of the General Council of the Municipality Bucharest or the local council, as the case may be, by Government decision, initiated by the Ministry of Public Finance on the proposal of the Agency, to be used for social objectives. + Article 35 The immovable property entered, by confiscation, in the private property of the state can be put into use free of charge to associations and foundations, as well as to the Romanian Academy and branch academies established under a special law, by decision of The Government, initiated by the Ministry of Public Finance on the proposal of the Agency, to be used for social objectives, of public interest, or in relation to their object of activity, as the case may be. + Article 36 The regulation on the social reuse of buildings entered, by confiscation, in the private property of the state is approved by Government decision, within 180 days from the date of entry into force of this law. + Article 37 ((1) The amounts resulting from the recovery of movable and immovable property, after the final stay of the confiscation decision, shall be allocated, on the basis of the annual balance sheet presented by the Agency, as follows a) 20% for the Ministry of National Education and Scientific Research; b) 20% for the Ministry of Health c) 15% for Ministry of Internal Affairs; d) 15% for the Public Ministry; e) 15% for the Ministry of Justice f) 15% for associations and foundations with object of activity in the social field and for branch academies established under a special law. ((2) The institutions referred to in paragraph ((1) lit. a)-e) shall provide annually, within the limits of the amounts provided, additional expenses to the budget allocated to each authorising officer, other than those for salaries, prizes or incentives. (3) The Regulation on the distribution of the amounts provided in (1) is approved by Government decision, within 60 days from the date of entry into force of this law, and will consider criteria for their distribution for the purpose of legal education, crime prevention and assistance. victims of crime, as well as other projects of public interest. + Chapter VI Tasks regarding the integrated national IT system for the record of claims arising from criminal + Article 38 (1) The Agency shall develop and manage the integrated national IT system for the record of claims arising from crimes as a single system for monitoring the seized assets, confiscated and capitalized in the criminal proceedings. (2) The integrated national IT system of record of claims arising from crimes provided in par. ((1) shall include data on: a) the precautionary measures ordered in the criminal proceedings, the administration, valorization or restitution of the goods subject to these measures; b) the safety measure of confiscation and the valorisation of confiscated property, both in the case of special confiscation and extended confiscation; c) confiscation of bail, provided by art. 217 217 para. ((5) of Law no. 135/2010 , with subsequent amendments and completions; d) execution of orders for the freezing of goods issued by another state; e) execution of confiscation orders issued by another State; f) disposing of confiscated property in the sense art. 265 265 of Law no. 302/2004 , republished, with subsequent amendments and completions, or of agreements providing for the sharing of confiscated goods; g) compensation granted to the state, public authorities or institutions for the repair of the damage caused by the commission of the crime and enforcement of the provisions of the h) fine imposed as the main punishment and its execution in the modalities provided by law. (3) The authorities, public institutions and legal entities of private law, which, according to the legal powers, hold the data provided in par. (2), are obliged to enter this data into the computer system provided in par. ((1). To this end, the Agency shall conclude protocols with any authorities, public institutions and legal entities governed by public or private law. (4) The integrated national IT system of record of receivables from crimes is accessible to the institutions involved in taking and carrying out the measures and carrying out the activities provided in par. (2), according to their competences. (5) Banks transmit monthly to the Agency the situation of money seized by the prosecutor's ordinance or the conclusion of the preliminary chamber judge or the court, as well as the accumulated interest, according to the form established by order of the justice minister. + Article 39 In the case of definitive decisions ordering the safety measure of special confiscation or extended confiscation in equivalent of a sum of money, the Agency, through the integrated IT system, develops and communicates an alert, in electronic format, to all relevant public institutions for implementation. + Article 40 (1) The quarterly public agency, in open format, data and information of public interest generated by the integrated national computer system of record of receivables from crimes. (2) Until the operationalization of the computer system, the Public Agency, quarterly, data and information of public interest on its activity. + Chapter VII Other duties + Article 41 The Agency shall support judicial bodies in the use of best practices in the field of tracking and identification of goods from the commission of offences or other property related to offences, as well as in the matter of simple administration of preserved goods. In this regard, the Agency: a) grants, at the request of the prosecution bodies, the courts or bodies in law to take over or capitalize on confiscated property, assistance on the use of best practices in the field of identification, administration and the recovery of assets that may be subject to freezing and confiscation measures and may participate in the development of work procedures on these activities; b) grant, at the request of the body that proceeds to the seizure, according to art. 252 252 para. ((1) of Law no. 135/2010 , with subsequent amendments and completions, assistance for the evaluation of seized goods. In this regard, the Agency shall communicate, upon request, tables, guides and any other instruments-support, in order to assess the goods by the bodies that proceed with the application of the seizure. These tables, guides and support tools can be published on the Agency's website; c) grant, at the request of the prosecution bodies or the courts, the assistance in the execution of the order of seizure and confiscation received from/transmitted to judicial bodies from other member states of the European Union; d) grant, at the request of the prosecution bodies or courts, assistance in the identification of optimal spaces for the storage of seized goods. To this end, the Agency may conclude cooperation protocols with central and local public administration authorities; e) keep records of the movable property for which the mortgage note was requested under art. 253 253 para. ((5) of Law no. 135/2010 , with subsequent amendments and completions; the provisions of art. 30 30 para. ((2) and (3) shall also apply accordingly with respect to the Electronic Archive of Real Securities. + Article 42 (. The Agency shall be designated as competent body, according to art. 265 265 of Law no. 302/2004 , republished, with subsequent amendments and completions. (2) The Agency is authorized to negotiate and facilitate the conclusion of bilateral or multilateral agreements to share confiscated property. (3) In the exercise of the award provided in par. ((1) and (2), the Agency shall cooperate with similar structures in other countries, the competent administrative and judicial authorities and the recovery bodies. + Article 43 The Agency shall perform the following tasks a) exchange best practices with the offices of recovery of claims and offices of administration of seized goods or with the authorities with similar duties in other states; b) organize, under the law, forms of professional training of practitioners in the field of competence; in this regard, the Agency carries out steps in order to obtain the necessary credentials and authorizations; c) perform analyses and studies, by synthesizing, systematizing and interpreting statistical data regarding the activity they carry out; d) develop public policy proposals in its field of competence; e) participate in the meetings of regional and international bodies and organizations in the fields of recovery and administration of claims arising from crimes; f) elaborates and releases annually an activity report, which presents the findings, developments and recommendations in its field of competence; g) develops and implements projects with European and international funding; h) participate in the meetings of regional and international bodies and organizations in the field of administration and valorization of seized/confiscated assets; i) may designate a representative in the evaluation committee provided for in art. 6 6 para. (4) of Government Ordinance no. 14/2007 , republished, in a situation where the valorisation concerns goods confiscated in criminal proceedings. + Chapter VIII Transitional and final provisions + Article 44 ((1) Until the operationalization of the financial-accounting department within the Agency, but no later than one year after the date of entry into force of this law, the financing of the Agency shall be carried out from the budget of the own apparatus of the Justice Ministry. At the time of operationalization, the Ministry of Justice apports, according to the law, budget credits and commitment appropriations ((2) Until the operationalization of the human and administrative resources departments within the Agency, but no later than one year after the date of entry into force of this Law, the duties in the field shall be exercised, under the conditions of this laws, by the Director-General of the Agency, through the specialized directorates of the Ministry of Justice, in collaboration with the Agency staff. The tasks in the field of human resources are exercised according to the specific regulations applicable to similar personnel categories within the Ministry of Justice (3) On the date of operationalisation of the human resources department within the Agency, it shall take over on the basis of pre-takeover protocol from the Ministry of Justice professional files, as well as any other documents and records in relation to with the Agency staff career. ((4) On the date of operationalisation of the administrative department within the Agency, it shall take over the protocol-taking-over protocol from the Ministry of Justice all the documents related to the Agency's activity and the programmes of technical assistance as well as any other documents relating to the Agency's heritage. (5) Until the operationalization of the compartments within the Agency, any tasks other than those provided in par. (1)-(4) may be carried out with the support of the specialized departments of the Ministry of Justice, according to their specificity. + Article 45 For the operationalization of the integrated national computer system of record of claims arising from crimes provided in art. 38, the banks transmit, no later than 3 months after the entry into force of this law, according to the form established by order of the Minister of Justice, the up-to-date situation of the amounts of money seized by the prosecutor's ordinance or the conclusion the judge of the preliminary chamber or the court, as well as the accrued interest. + Article 46 (1) In order to increase the institutional capacity to identify claims arising from crimes, the Agency may access and receive information from the National Agency for Fiscal Administration on movable and immovable property. (2) The collection procedure by the National Agency for Fiscal Administration of the information provided in par. (1) shall be established by Government decision, within 60 days from the date of entry into force of this Law. (3) The authorities and public institutions that have information on real estate and securities have the obligation to submit this information to the National Agency for Fiscal Administration, according to the procedure and to the established deadlines by the Government decision provided in par. ((2). (4) In order to ensure the direct access of the prosecution bodies, the courts and the Agency to the information held according to par. (1), the National Agency for Fiscal Administration concludes cooperation protocols. + Article 47 Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, as amended and supplemented, shall be amended as follows: 1. In Article 252, paragraph 8 shall be amended and shall read as follows: " (8) The amounts of money resulting from the recovery made according to par. (3), as well as the amounts of money raised according to para. (2) shall be deposited in the account constituted according to the special law, no later than 3 days after the lifting of the money or from the recovery of the goods. " 2. In Article 252 ^ 1, paragraph (4) is amended and shall read as follows: " (4) The amounts of money resulting from the recovery of movable property made according to par. (1), (2) and (3) shall be deposited in the account provided by art. 252 252 para. ((8). ' 3. Article 252 (5) shall be repealed. + Article 48 Article 185 (2) of Article 185 Law no. 302/2004 on international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, Part I, no. 377 of 31 May 2011, with subsequent amendments and completions, shall be amended and shall read as follows: "" (2) The assistance requested by the debt recovery offices or other authorities with similar duties in the Member States of the European Union shall be carried out in accordance with the procedure laid down in the law by which the national authority is designated national office for the recovery of claims in the field of tracking and identification of goods from the commission of crimes or other property related to crimes. " + Article 49 Government Ordinance no. 14/2007 for the regulation of the way and conditions of valorization of the goods entered, according to the law, in the private property of the state, republished in the Official Gazette of Romania, Part I, no 694 of 23 September 2014, shall be amended and supplemented as follows: 1. In Article 1, paragraph 1 shall be amended and shall read as follows: "" Art. 1. -(1) The goods of any kind entered, according to the law, in the private property of the state shall be capitalized under the conditions of this ordinance by the National Agency for Fiscal Administration through the authorized recovery bodies, if by law they do not provides otherwise. " 2. In Article 1, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The goods entered into the private property of the state that are not on the territory of Romania shall be capitalized by the Ministry of Foreign Affairs. " 3. In Article 2, letter a) is amended and shall read as follows: " a) recovery bodies-units subordinated to the National Agency for Fiscal Administration, established by order of the President of the National Agency for Fiscal Administration published in the Official Gazette of Romania, Part I, for the goods entered in the private property of the state located on the territory of Romania, as well as the specialized structures with powers in this regard within the Ministry of Foreign Affairs, for the goods entered into the private property of the state, which is not on territory of Romania; '. 4. After Article 2, a new article is inserted, Article 2 ^ 1, with the following contents: "" Art. 2 2 ^ 1. -By the order provided in art. 2 lit. a) the territorial arondation of the holders of goods entered, according to the law, into the private property of the state, from the point of view of the competent recovery body, shall be established. " 5. In Article 3, paragraph 1 shall be amended and shall read as follows: "" Art. 3. -(1) Goods seized or unsecured in any judicial proceeding pass into the private property of the State pursuant to a conclusion issued by the preliminary chamber judge or a final court decision or, as the case may be, final and irrevocable. ' 6. In Article 6, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) When the valorization of goods confiscated in criminal proceedings, a representative of the National Agency for the Administration of Preserved Goods can also be part of the Evaluation Commission. In this case, the Evaluation Commission consists of 5 members: 2 representatives of the recovery body, a representative of the National Agency for the Administration of Preserved Goods, a representative of the National Authority for Protection Consumers and a representative from the Ministry of Internal Affairs. ((4 ^ 2) If the representative of the National Agency for the Administration of Preserved Goods does not participate in the evaluation, the goods shall be assessed in the absence thereof. " 7. In Article 8, paragraph 2 shall be amended and shall read as follows: " (2) The destruction commission consists of 5 members: 2 representatives of the recovery body, a representative from the Ministry of Internal Affairs, a representative of the Ministry of Environment, Water and Forestry and a representative of the Authority National Consumer Protection. " 8. Article 10 (1), point (f) shall be repealed. + Article 50 Order of the President of the National Agency for Fiscal Administration art. 2 lit. a) of Government Ordinance no. 14/2007 , republished, with the amendments and completions brought by this law, shall be issued within 30 days from the date of entry into force of this Law. Until the order is issued, the valorization of the goods entered, according to the law, in the private property of the state is carried out by the recovery bodies, as defined until the date of entry into force of this law. + Article 51 Within 60 days from the date of entry into force of this Law, the Ministry of Public Finance will submit for approval, by Government decision, the amendment of the Methodological Norms for the application of Government Ordinance no. 14/2007 for the regulation of the way and conditions for the recovery of the goods entered, according to the law, in the private property of the state, Government Decision no. 731/2007 , republished, with subsequent amendments and completions. + Article 52 (1) Within 12 months from the date of entry into force of this Law, the Agency, in cooperation with the Ministry of Justice, the Public Ministry, the Ministry of Internal Affairs, the Ministry of Public Finance, the National Agency for Fiscal Administration and The General Secretariat of the Government, carries out a national inventory of available capacities at the level of public authorities and institutions in order to store and store goods subject to precautionary measures. (2) Within 12 months from the date of entry into force of this Law, the Agency, in cooperation with the Public Ministry, the Ministry of Internal Affairs, the National Agency for Fiscal Administration and the National Trade Register Office, shall carry out a national inventory of movable property subject to the precautionary measures and the stage in which they are found. (3) Within 12 months from the date of entry into force of this Law, the Agency, in cooperation with the Public Ministry and the National Agency for Cadastre and Real Estate Advertising, shall carry out, at national level, an inventory of immovable property subject to the precautionary measures, as well as the stage in which they are found, within the limits of legal powers. (4) Storage and storage capacities identified according to par. ((1) shall be made available to the Agency free of charge. (5) The conditions and procedure for the use of storage and storage capacities shall be detailed by cooperation protocols between the Agency and the authority or the holding public institution. (6) The attributions provided in art. 28 shall be exercised after the completion of a period of 3 months from the completion of the inventories referred to in ((1) and (2). + Article 53 Government Decision no. 32/2011 on the appointment of the National Crime Prevention and Cooperation Office for the Recovery of Crimes from Crimes within the Ministry of Justice, as national office for the recovery of claims in the field of tracking and identification of products from the commission of crimes or other goods related to crimes, published in the Official Gazette of Romania, Part I, no. 51 of 20 January 2011, as amended and supplemented, shall be repealed. + Article 54 (1) Until the operationalization of the integrated national computer system for the record of claims arising from crimes, the Agency analyzes, quarterly, the way and the degree of valorization of goods subject to special confiscation or extended confiscation, in the case of criminal offences art. 96 96 para. ((1) of Law no. 302/2004 , republished, with subsequent amendments and completions. (2) In the exercise of this task, the Agency shall request information and statistical data from the competent Romanian public authorities and institutions. + Article 55 (1) The Agency shall take over the tasks regarding the exchange of data, information and good practices in the field of identification of goods from crimes, assumed until the date of entry into force of this Law by the National Office for Prevention of Crime and Cooperation for the Recovery of Claims from Crimes within the Ministry of Justice. (2) Until the conclusion of the protocols provided for in art. 4 4 para. (2), the protocols concluded by the Ministry of Justice for the operationalization of the National Office for Crime Prevention and Cooperation for the Recovery of Claims from Crimes within the Ministry of Justice remain in force. (3) The Ministry of Justice maintains the other duties provided by law for the National Crime Prevention and Cooperation Office for the Recovery of Claims from Crimes. (4) In the normative acts or protocols in force, the name "National Crime Prevention and Cooperation Office for the Recovery of Claims from Offences" is replaced by the name "National Agency for Crime Prevention". Administration of Preserved Goods ", as regards the duties of the Agency taken over, according to this law, from the National Office for Crime Prevention and Cooperation for the Recovery of Claims from Crimes. + Article 56 Annexes no. 1 and 2 are an integral part of this law. This law translates the provisions of art. 10 10 of Directive 2014 /42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of the instruments and products of offences committed in the European Union, published in the Official Journal of the European Union L series No 127 127 of 29 April 2014. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, 11 December 2015. No. 318. + Annex 1 Form to be used by the State Romanian in case of transmission/postponement/refusal of information This form must be used for: a) transmit the requested data and/or operative information; b) inform the requesting authority of the impossibility of complying with the normal time limit; c) inform the requesting authority of the need to submit a request to a judicial authority for authorisation; d) inform the requesting authority of the refusal to submit that information. This form may be used several times in the course of the procedure (for example, if the application must first be submitted to a judicial authority and if it is subsequently proved that the application is to be refused). ┌ ------------------------------------------------------------------ | requested authority (name, address, phone number, number | | | fax, e-mail, member state) | | ├ ------------------------------------------------------------------ | Coordinates of the responsible agent (optional) | | | ├ ------------------------------------------------------------------ | Reference number of this response | | | ├ ------------------------------------------------------------------ | Date and reference number of previous response | | | └ ------------------------------------------------------------------ ┌ -------------------------------------------------- | In response to the following requesting authority | | | ├ -------------------------------------------------- 留言 | 加入好友 | Date and time of application | | ├ -------------------------------------------------- 留言 | 加入好友 | | Reference number of the application | | | └ -------------------------------------------------- ┌ ----------------------------------------------------------------------------- | Normal term pursuant to art. 4 of Framework Decision 2006 /960/JHA | ├ -------------------------------------------------- | The crime falls under art. 2 2 para. (2) | Request treatment by | of Framework Decision 2002 /584/JHA and data or emergency | | the requested operative information appears |-> [] 8 hours | in a database to which the authority of the Law enforcement can have direct access to the state | No treatment required | requested member. Emergency | | | | |-> [] a week | ├ -------------------------------------------------- 留言 | 加入好友 | Other cases |-> [] 14 days | └ -------------------------------------------------- ┌ ----------------------------------------------------------------------------- | Information submitted under Framework Decision 2006 /960/JHA: data and | | operative information provided | ├ --------------------------------------------------------------------------------------------- | | 1. Use of data or operative information provided | | | [] is only authorized for the purposes for which they were | communicated or to prevent immediate and serious danger to safety | Public | | | | [] is also authorized for other purposes, subject to | the following conditions | | | (optional): | ├ --------------------------------------------------------------------------------------------- | | Two. Source reliability | | | [] Reliable | | | [] Reliable in general | | | [] not reliable | | | [] cannot be assessed | ├ --------------------------------------------------------------------------------------------- | | 3. Reliability of data or operative information | | | [] Safe | | | [] source attestations | | [] indirect information-confirmed | | | [] indirect information-unconfirmed | ├ --------------------------------------------------------------------------------------------- | | Four. Results of police investigations or criminal proceedings that have | led to the exchange of data and operative information must be communicated | to the authority that transmitted this data or operative information | | | [] not | | | [] Yes | ├ --------------------------------------------------------------------------------------------- | | Five. In case of spontaneous exchange, the reasons make it consider that its data | operative information could contribute to the detection and prevention | offences referred to in art. 2 2 para. ((2) of Framework Decision 2002 /584/JHA | | or to a research of these: | | | | | | | └ ----------------------------------------------------------------------------- ┌ ----------------------------------------------------------------------------- | DELAY-It is not possible to reply within the applicable time period under | Art. 4 of Framework Decision 2006 /960/JHA. | └ ----------------------------------------------------------------------------- ┌ ----------------------------------------------------------------------------- | Data or operative information may not be communicated within the indicated period, | for the following reasons: | ├ --------------------------------------------------------------------------------------------- | It is possible that they can be transmitted within: | | | [] one day [] two days [] 3 days | | | [] ... weeks | | | [] a month | ├ --------------------------------------------------------------------------------------------- | [] Authorisation of a judicial authority has been requested. | | The duration provided for the procedure for granting/refusing authorization is | ... weeks. | └ ----------------------------------------------------------------------------- ┌ ----------------------------------------------------------------------------- | REFUSAL-Data or operative information: | | | [] could not be communicated and requested at national level | | or | | | [] may not be communicated, of one or more of the following reasons: | ├ --------------------------------------------------------------------------------------------- | A-Reasons related to judicial review preventing its transmission | requires recourse to mutual legal assistance | ├ --------------------------------------------------------------------------------------------- | | [] The competent judicial authority has not authorized access to its data | the operative information and their exchange. | ├ --------------------------------------------------------------------------------------------- | [] The requested operative data or information was previously obtained | by means of coercive measures and their transmission is not | permitted under national law. | ├ --------------------------------------------------------------------------------------------- | | [] Data or operative information is not held: | | |-by law enforcement authorities | | or | | |-by public authorities or private entities in a manner that | allows law enforcement authorities to have access to them without taking | coercive measures. | ├ --------------------------------------------------------------------------------------------- | B-Communication of the requested information or operative data would bring | to the core of the national security interests of the to the requested Member State or would harm the proper conduct of an investigation | Police | police or criminal trial or safety of persons, or data | or the requested operative information would be clearly disproportionate or | without relevance to the purposes for which they were requested. | ├ --------------------------------------------------------------------------------------------- | C-If box A or B is marked, they will be provided, if they are | considers necessary, other information or will indicate the reason for refusal | | | (optional): | ├ --------------------------------------------------------------------------------------------- | D-The requested authority decides to refuse enforcement because the request | The following is concerned, under the law of the requested Member State, offence (specify the nature and legal qualification of the crime) .... | which is punishable by imprisonment up to one year. | ├ --------------------------------------------------------------------------------------------- | E-The requested operative information or information is not available. | ├ --------------------------------------------------------------------------------------------- | F-The requested operative information or information was obtained from a | other Member State or from a third country and are subject to the principle | . Speciality, and the Member State or third country concerned has not given its consent | for their communication. | └ ----------------------------------------------------------------------------- + Annex 2 Request form for data and operative information to be be used by the Romanian State as an applicant Member State This form is used on request for data and operative information I-Administrative information ┌ ------------------------------------------------------------------ | requested authority (name, address, phone number, number | | | fax, e-mail, member state) | | ├ ------------------------------------------------------------------ | Coordinates of the responsible agent (optional) | | | ├ ------------------------------------------------------------------ | | To the next Member State | | ├ ------------------------------------------------------------------ | Date and time of this request | | ├ ------------------------------------------------------------------ | | Reference number of the presence of demand | | | └ ------------------------------------------------------------------ ┌ ----------------------------------------------------------------------------- | Previous requests | ├ --------------------------------------------------------------------------------------------- | | [] The present application is the first with regard to this case. | ├ --------------------------------------------------------------------------------------------- | | [] This request follows other previous requests regarding the same | cause | ├ ------------------------------------- ------------------------------------------------------- | Previous request (previous requests) | Reply (s) | ├ ---) [...] [...] [...] [...] [...] | | Date | Reference number (for | Date | Reference number (for | | | | requested member state) | | requested member state) | ├ --- 留言 | 加入好友 -- -- | | 1. | | | | | | ├ --- 留言 | 加入好友 -- -- | | Two. | | | | | | ├ --- 留言 | 加入好友 -- -- | | 3. | | | | | | ├ --- 留言 | 加入好友 -- -- | | Four. | | | | | | └ ---) [...] [...] [...] [...] [...] ┌ ----------------------------------------------------------------------------- | If this request is addressed to several authorities in | requested Member State to specify each of the channels used | ├ --------------------------------------------------------------------------------------------- | [] UNE/Europol liaison [] for information [] for execution | ├ --------------------------------------------------------------------------------------------- | | [] Interpol NCB [] for information [] for execution | ├ --------------------------------------------------------------------------------------------- | | [] SIRENE [] for information [] for execution | ├ --------------------------------------------------------------------------------------------- | | [] Liaison officer [] for information [] for execution | ├ --------------------------------------------------------------------------------------------- | | [] Other (to be specified) [] for information [] for execution | └ ----------------------------------------------------------------------------- II-Terms NOTE: Time limits pursuant to art. 4 4 of Framework Decision 2006 /960/JHA A-Infraction falls under art. 2 2 para. ((2) of Framework Decision 2002 /584/JHA and the required operative data or information is contained in an automatically accessible system of records directly accessible to the law enforcement authority: -the request is urgent-term: 8 hours, with the possibility of postponement; -application is not urgent-term: one week. B-Other cases: 14 days ┌ ----------------------------------------------------------------------------- | [] REQUEST an emergency treatment | ├ --------------------------------------------------------------------------------------------- | [] NO EMERGENCY TREATMENT IS REQUIRED | ├ --------------------------------------------------------------------------------------------- | Reasons for emergency treatment (for example: suspected persons are located | in pre-trial detention, the case must be brought before the court before | to an established date): | | | | | Data or operative information requested | ├ --------------------------------------------------------------------------------------------- ├ --------------------------------------------------------------------------------------------- | Type of offence or criminal activity (activities | criminal) subject to research | ├ --------------------------------------------------------------------------------------------- | | Nature of crime (crimes) | ├ --------------------------------------------------------------------------------------------- | | Application of art. 4 4 para. ((1) and (3) of Framework Decision 2006 /960/JHA | | | [] A. 1. The offence is punishable by imprisonment and the maximum penalty is | at least 3 years in the requesting Member State | | | | | | [] A. 2. The offence is one (or more) of the following: | ├ ------------------------------------- ------------------------------------------------------- | | [] Participation in a criminal group | [] Washing the proceeds of crime | | Organized | [] Counterfeiting of currency, including | | | [] Terrorism | counterfeiting of the euro | | [] Human trafficking | [] Facts related to crime | | | [] Sexual exploitation of children and computer science | child pornography | [] Offences against the environment, | | | [] Illicit drug trafficking and | including illicit trafficking of species | psychotropic substances | endangered animals and | | | [] Illicit trafficking in weapons, munitions and | species and plant varieties by way of | explosive substances | disappearance | | [] Corruption | [] Facilitation of entry and stay | | | [] Fraud, including fraud against illegal | | | financial interests of | [] Omor and grievous bodily harm | | European Communities, for the purposes of | [] Illicit trafficking in organs and tissues | | Convention of 26 July 1995 on Human Rights | protection of the financial interests of | [] | European Communities | kidnapping and hostage-taking | | [] Furt organized or armed | [] Racism and xenophobia | | [] Illicit trafficking in cultural goods, | [] Illicit trafficking of nuclear materials | including antiques and arta| or radioactive works | | [] Cheating | [] Trafficking of stolen vehicles | | [] Racket and extortion | [] Viol | | | [] Counterfeiting and piracy | [] Fire with intent | | products | [] Crime in the jurisdiction of the Court | | [] Falsification of Official Acts and Use | International Criminal | de false | [] Illegal seizure of aircraft or | | [] Forgery of means of payment | of ships | | [] Illicit trafficking of substances | [] Sabotage | Hormonal and other growth factors | | | └ ------------------------------------- ------------------------------------------------------- ┌ ----------------------------------------------------------------------------- | | [] The offence therefore falls under art. 2 2 para. ((2) of | | Framework Decision 2002 /584/JHA-art. 4 4 para. ((1) (urgent requests) and para. ((3) | | (non-urgent requests) of Framework Decision 2006 /960/JHA are, by | Therefore, applicable as regards the time-limits for the response to the present | Request. | ├ --------------------------------------------------------------------------------------------- | | Or | | | [] B-Offences (offences) do not fall under lit. A. | | In this case, description of the crime (s): | ├ --------------------------------------------------------------------------------------------- | The purpose for which the operative data or information is requested | ├ --------------------------------------------------------------------------------------------- ├ --------------------------------------------------------------------------------------------- | Link between the purpose for which the data or information is requested | operative and the person subject to this data or information | | operative | ├ --------------------------------------------------------------------------------------------- ├ --------------------------------------------------------------------------------------------- | Identity/Identity (as far as is known) /of the person/| to people who make/are the main object of the police investigation | or of the criminal proceedings, which justifies the request for data or information | | operative | ├ --------------------------------------------------------------------------------------------- ├ --------------------------------------------------------------------------------------------- | Reasons to consider that the data or operative information is on | territory of the requested Member State ├ --------------------------------------------------------------------------------------------- ├ --------------------------------------------------------------------------------------------- | Restrictions on the use of the information contained in this application | for purposes other than those for which this information was provided, | as well as to prevent an immediate and serious danger to safety | Public | | ├ --------------------------------------------------------------------------------------------- | | [] Use is permitted. | | | [] Use is allowed, but without the mention of the information provider. | | | [] Use is not permitted without the authorization of the information provider. | | [] Use is not permitted. | └ ----------------------------------------------------------------------------- --------