Law No. 56 of 16 April 1997 (republished * *) (* updated *) for the application of the provisions of the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction * *) (updated by no later than February 1, 2014)-PARLIAMENT ISSUING — — — — — — — — *) form of this updated regulatory action until February 1, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all changes and additions made to the : Law No. 187 of 24 October 2012; Law No. 255 of 19 July 2013.
The contents of this act is not an official document, being intended for the information of users — — — — — — — — — — — — *) the Republished pursuant to art. II of law No. 448/2003 amending and supplementing law No. 56/1997 for the application of the provisions of the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction, posing a new texts.
Law No. 56/1997 was published in the Official Gazette of Romania, part I, no. 67 of 17 April 1997.
Subsequently, it has been amended and supplemented by:-Law No. 387/2003 relating to the control of exports of dual-use products and technologies usage, published in the Official Gazette of Romania, part I, no. 698 of 6 October 2003;
-Law No. 448/2003 published in the Official Gazette of Romania, part I, no. 828 of 22 November 2003.
Chapter I General provisions Article 1 this law shall govern the application of the provisions of the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction, signed at Paris on 13 January 1993, ratified by law No. 125/1994 published in the Official Gazette of Romania, part I, no. 356 of 22 December 1994.
Article 2 for the purposes of this law: 1. By Convention means the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction, signed at Paris on 13 January 1993.
2. the Organization shall understand the Organization for the prohibition of chemical weapons, based in the Hague (Netherlands).
3. If this law does not specify otherwise, lists of lists through means no. 1, 2 and 3 of the annex. 1 to this law.
4. the chemical weapons means the following elements taken together or separately: a) toxic chemicals and their precursors, except those intended for purposes not prohibited by the Convention, so long as the types and quantities are consistent with such purposes;
b) munitions and devices specifically designed to cause death or other harm through the toxic action of toxic chemicals specified in (b). He should have), which is released as a result of the use of such munitions and devices;
c) any equipment specifically designed for use in direct relation to the use of munitions and devices specified in subparagraph (a). b).
5. Through the toxic chemical is any chemical, its chemical action of biological processes can cause death, temporary incapacity permanent harm to the man times or from animals, regardless of its origin times production method and whether to get into the plant, in binary munitions or elsewhere.
6. the precursor means any chemical reactant which takes part at any stage in the production, by whatever method of a toxic chemicals, including any component of a binary or multicomponent chemical system.
7. old chemical weapons refers to one of the following categories: a) chemical weapons which were produced before 1925;
b) chemical weapons produced in the period 1925-1946, which deteriorated so that it can no longer be used as chemical weapons.
8. Chemical weapons abandoned are chemical weapons, including old chemical weapons abandoned by the State, a territory of another State without its consent, after 1 January 1925.
9. the substance to fight riot shall mean any chemical neînscris lists of toxic chemicals and precursors in annex 4. 1 to this law that can produce fast in humans sensory irritation or a physical disability what disappears shortly after the end of exposure.
10. For purposes not prohibited by the Convention are: a) industrial uses, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b) protective purposes), namely those purposes in direct relation to protection against toxic chemicals and chemical weapons;
c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;
d) for ensuring that the purposes of laws, including combating riot.
Article 3 (1) toxic chemicals and precursors to the control regimes are those enrolled in lists, as they are defined in art. 2, item 3, as well as other chemicals not listed in the list, which correspond to the definitions in article 1. 2 points 5 and 6.
(2) other definitions of technical terms contained in this Act shall be laid down in the annex. 2.
Article 4 (1) to any person, in any event, it is prohibited: a) the development, production, acquisition, possession or transfer to other persons, either directly or indirectly, chemical weapons;
b) use chemical weapons;
c) engaging in any kind of military training, for the use of chemical weapons;
d) helping, encouraging, or in any way determine, other persons to engage in an activity prohibited by this law;
e) use, as a means of warfare, and the chemicals to combat riot.
(2) by person means any natural or legal person, on the territory of Romania, including public authorities.
(3) the provisions of paragraphs 1 and 2. (1) also applies to individuals, outside the national territory, in accordance with international law.
Article 5 (1) the National Agency for Export Control, hereinafter referred to as the Agency, is the specialized body of the central public administration, with legal personality, subordinated to the Ministry of Foreign Affairs, which oversees and coordinates all activities relating to the application of the provisions of the Convention.
(2) the Agency shall ensure the control of the manufacture, use, import and export of toxic chemicals and their precursors, so those activities to be carried out in accordance with the provisions of this law.
(3) the Agency is the national authority for the implementation of the provisions of the Convention and of this law and shall ensure, in accordance with these relations with the Organization, as well as with similar authorities in other countries.
(4) Organization, operation and equipping of the Agency in order to meet the duties incumbent on him by this law, shall be established by decision of the Government.
(5) the Agency shall be headed by a President with the rank of Secretary of State appointed by decision of the Prime Minister.
(6) For performance of the functions specified in paragraph 2. (1) to (3) the Agency shall have the following powers: (a) authorizes installations and operation)/or laboratories are produced chemicals listed in no. 1, used for purposes not prohibited, and check systematically, through onsite inspections, chemicals and plants and/or laboratories;
b) develops and conveys the Organization of national declarations and annual chemicals listed in no. 1 and production facilities for purposes not prohibited;
c) verifies compliance regimes systematically chemicals listed in no. 2 and 3 and their production facilities, based on data provided by the copyright holders and plants through inspections on the spot;
d) develops and conveys the Organization of national declarations and annual lists of chemicals entered in the nr. 2 and 3, as well as platforms that produce, process, consume, import or export such chemicals;
e) notify the organization transfers of chemicals listed in no. 1, at least 30 days before making them;
f) are an exception to the provisions of subparagraph (a). e) transfers involving the saxitoxin in quantities of 5 milligrams or less, for medical purposes, which shall be notified to the Organization during the period of carrying out the transfer;
g) end-user certificates issued for imports of chemicals entered in the list;
h) verifying data-based and through inspections on the spot, platforms that produce by synthesis of organic substances, not listed in the list; elaborates and transmits National Organization and initial statements regarding these platforms;
I) collects from holders of the objectives referred to in a), c) and (h)) the data necessary for the drawing up of national declarations and National Bank;
j) Organization, not later than 30 days after the date of entry into force of the Convention, the Declaration of substances to fight riot;
k) ensure, together with other competent public authorities, the conditions necessary for the execution of international inspections, in accordance with the provisions of the Convention;
l) ensure, together with the Ministry of national defense and the Ministry of Internal Affairs), on the basis of a joint plan for cooperation, coordinating the activities of the competent national institutions to implement the provisions of the Convention relating to international cooperation and emergency assistance, the purpose in which they are concluded agreements and protocols of cooperation;
m) concluding agreements and protocols of cooperation with other national institutions and bodies in order to ensure compliance with the provisions of the Convention and of this law;
n) cooperate with the national authorities with the Organization and other States with a view to effective implementation of the provisions of the Convention;
o) conclude agreements, memoranda of understanding or cooperation protocols with similar authorities in other States parties, in its field of activity;
p) inform Government half-yearly on the implementation of the Convention and the provisions of this law.
— — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: under (b). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in the normative acts in force, the name of the Ministry of administration and interior is replaced with the name of the Ministry of internal affairs.
Chapter II Declaration of article 6 (1) the Ministry of Foreign Affairs, the Ministry of national defense, the Ministry of Economic Affairs *) shall, until the entry into force of the Convention, together with the Agency, and subject to Government approval, an official statement, through which Romania says that: a) owns or possesses chemical weapons;
b) on the national territory there are chemical weapons or production facilities, belonging to another State;
c) transferred or received, directly or indirectly, after Jan. 1, 1946, chemical weapons;
(d) national territory) has chemical weapons or chemical weapons discarded or abandoned chemical weapons on the territory of other States;
s) has or has had in the property or in ownership after 1 January 1946, installations for the production of chemical weapons;
f) transferred or received, directly or indirectly, after Jan. 1, 1946, equipment for the manufacture of chemical weapons.
(2) the official declaration mentioned in paragraph 1 (1) must specify the location, nature and purpose of the installations or activities of any targets, including laboratories and experiments, polygons within the territory of the Romanian State-owned times or in its possession, which have been designed, constructed or used after 1 January 1946, mainly for the development of chemical weapons.
(3) the provisions of this article shall not apply in the case of possible chemical weapons buried on Romanian territory before 1 January 1977, if they remain buried.
(4) the official declaration mentioned in paragraph 1 (1) the Organization shall be forwarded by the Ministry of Foreign Affairs, within 30 days after the date of entry into force of the Convention.
— — — — — — — — — — — —-*) C.T.C.E. NOTE S.A.: Piatra Neamt Through Government decision No. 47 of 19 February 2013, published in monitorul Oficial nr. 102 of 20 February 2013 was willing the organisation and functioning of the Ministry of economy.
Article 7 (1) ministries and other public authorities, possessing substances to fight riot, are required to submit to the Agency, pending entry into force of the Convention, the declarations of each substance in this category.
(2) any change towards declarations as referred to in paragraph 1. (1) shall be sent to the Agency at least 60 days before they become effective.
Article 8 (1) a person who holds the single small-scale facility for the production of chemicals listed in no. 1, determined in accordance with the provisions of art. 17, as well as persons holding chemicals listed in no. 1 and/or facilities for their production for protective purposes or for research, medical or pharmaceutical products authorized in accordance with the provisions of art. 18 or of art. 19, shall be required to submit to the Agency, pending entry into force of the Convention, statements relating to chemical substances, the name, location and a detailed technical description of the facility or their relevant parts. Statement concerning the single small-scale facility shall also include an inventory of equipment and detailed diagrams.
(2) For new plants, which fall under the provisions of paragraph 1. (1), or in the case of modifications to the existing ones, the statements shall be forwarded at least 210 days before putting into service or, where appropriate, for changes.
(3) persons holding facilities specified in paragraph 1. (1) are required to submit, every year, the Agency: a detailed annual statements) with respect to activities in the preceding calendar year;
b detailed annual statements) on the activities foreseen for the following calendar year.
(4) the persons who own and use chemicals listed in no. 1 are obliged to transmit each year to the Agency detailed annual statements on the activities undertaken in the previous calendar year.
(5) the persons carrying out programs for the purposes of protection, as defined in article 2. 2 pts 10 lit. b) are obliged to transmit annually to the Agency no later than October 1, information on programmes for the following year.
Article 9 (1) persons who import or export chemicals listed in no. 1, in accordance with the provisions of the Convention and of the cap. IV of this law, shall be obliged to request the issuance of a licence with the Agency at least 60 days prior to the operation.
(2) persons who import or export saxitoxină in quantities of 5 milligrams or less, intended for medical purposes, shall be exempt from the provisions of paragraph 1. (1) and shall be obliged to notify the Agency for the operation before performing it.
(3) the persons referred to in paragraph 1. (1) and (2) are required to submit annually to the Agency under the conditions provided for in art. 14. (1) (a). (b) a detailed statement) regarding the operations performed in the previous calendar year. The Declaration must contain quantitative specifications and specify the end use for each substance for each country involved.
Article 10 (1) the persons who own platforms, comprising one or more plants that produced, processed or consumed in any of the three preceding calendar years or it is anticipated that they will produce, process or consume in the next calendar year chemicals listed in no. 2, have the obligation to transmit to the Agency the initial statements: (a));
b annual statements) with respect to activities in the preceding calendar year;
c) annual statements on the activities foreseen for the following calendar year.
(2) quantitative thresholds for initial and annual declarations on chemicals listed in no. 2 are: (a) 0.5 kilograms) for BZ (crt);
b) 50 kg for amiton (crt) and for PFIB (crt);
c) 500 kilograms for precursors (no crt. 4-14).
(3) the initial and annual Statements shall be submitted under the conditions referred to in article 1. 14. (1) (a). the a and b)), and people who have imported or exported chemicals listed in no. 2. declarations must contain quantitative specifications and specify the end use for each substance for each country involved.
(4) initial Declarations shall be submitted under the conditions referred to in article 1. 14. (1) (a). ), and persons who hold or have held any facility that produced after 1 January 1946, substances listed in no. 2 for the purpose of chemical weapons.
Article 11 (1) persons who own platforms, comprising one or more facilities that have occurred in the previous calendar year or expect to be producing in the next calendar year more than 20 tonnes from a chemical included in list no. 3, are obliged to transmit to the Agency the initial statements: (a));
b annual statements) with respect to activities in the preceding calendar year;
c) annual statements on the activities foreseen for the following calendar year.
(2) the initial and annual Statements shall be submitted under the conditions referred to in article 1. 14. (1) (a). the a and b)), and people who have imported or exported chemicals listed in no. 3. declarations must contain quantitative specifications and specify the end use, for each substance for each country involved.
(3) initial Declarations shall be submitted under the conditions referred to in article 1. 14. (1) (a). ), and persons who hold or have held any facility that produced after 1 January 1946, substances listed in no. 3 for chemical weapons purposes.
Article 12 persons holding what platforms produced by synthesis during the previous calendar year, more than 100 tons of organic substances, not listed in the list, except for platforms that produce exclusively explosives, hydrocarbons are obliged to transmit to the Agency the initial statements: (a));
b annual statements) on the activities carried out in the previous calendar year.
Article 13 persons holding platforms, comprising one or more facilities that have produced by synthesis during the previous year, more than 10 tons from an organic chemical defined neînscrisă in the list containing the elements phosphorus, sulfur or fluorine, are obliged to transmit to the Agency the initial statements: (a));
b annual statements) on the activities carried out in the previous calendar year.
Article 14 (1) the declarations provided for in articles. 8-13 shall be forwarded to the Agency, with respect to the following time limits: (a) initial declarations) until the date of entry into force of the Convention;
b) annual declarations on the activities conducted in the preceding calendar year, until 1 February;
c) annual declarations on the activities envisaged for the next calendar year, up to 1 September;
d) planned activities annual declarations, subsequent transmission. 10 para. (1) (a). c) and in article 8. 11(2). (1) (a). c) shall be sent to the Agency at least 25 days prior to the start thereof.
(2) annual Declarations under paragraph 1. (1) (a). b) and (c)) shall be forwarded since 1998.
Chapter III article 15 Activities not prohibited the development, production, acquisition, possession, transfer and use of toxic chemicals and their precursors are allowed only for purposes that are not prohibited, as defined in article 2. 2 paragraph 10 and only in accordance with the provisions of this law.
Article 16 (1) chemicals listed in no. 1 may not be produced, acquired, held, transferred or used, unless: (a)) shall be used for purposes of research, medical, pharmaceutical or protective;
b) types and quantities of chemicals are strictly limited to those that can be justified by such purposes;
(c) the global amount) chemicals listed in no. 1 existing at any time in the country for such purposes, shall not exceed one tonne;
d) total quantity produced or acquired through transfer for such purposes in the country, in the course of a calendar year shall not exceed one tonne.
(2) persons who, under the conditions laid down in article 21. 17-19 and the art. 23, produce, acquire, possess or use chemicals listed in no. 1 are required: a) draw up and submit for approval to the agency specific rules on record keeping operations performed with such substances safely and keeping thereof, not later than 10 days from the date of entry into possession;
b) to ensure that the specific rules referred to in of exclusion) for any possibilities of evading times using chemicals, listed in no. 1 prohibited purposes.
(3) the Agency shall monitor and carry out necessary measures to ensure compliance with the global quantities referred to in paragraph 1. (1) (a). c) and (d)).
Article 17 (1) the production of chemicals, listed in no. 1, for the purposes of research, medical, pharmaceutical or protective gear can be done in a single small-scale facility approved by the Agency.
(2) the single small-scale Facility referred to in paragraph 1. (1) must contain the reaction vessels into technological configuration to allow continuous operation. The volume of such a reaction vessel does not exceed 100 litres, while the total volume of the reaction vessels with volumes greater than 5 litres shall not exceed 500 litres.
Article 18 Production chemicals, listed in no. 1, for the purposes of protection, the overall amounts not exceeding 10 kilograms in a calendar year, it can be done, outside of the single small-scale facility referred to in art. 17, in a single facility, authorized by the Agency.
Article 19 Production chemicals, listed in no. 1, for the purposes of research, medical or pharmaceutical, without exceeding the total quantity for each plant 10 kilograms in a calendar year, it can be done, outside of the single small-scale facility referred to in art. 17, only plants and/or laboratories authorized by the Agency.
Article 20 (1) the production, processing and consumption of chemicals entered in the nr. 2 and 3 may be carried out only for purposes that are not prohibited, as defined in article 2. 2 pts 10.
(2) the activities specified in paragraph 1. (1) platforms that produce, process and consume chemicals listed in no. 2 and platforms that produce chemicals listed in no. 3 are subject to the control of the Agency and international verifications, in accordance with the provisions of this law.
Chapter IV Operations of import and export in article 21 (1) chemicals listed in lists are considered, where appropriate, products of the military or dual-use items, the import and export regime for being subject to the export control of military products or products and technologies with dual-use items, as appropriate.
(2) for the purposes of this Act, import or export through means and any other non-commercial activities of acquiring outside national territory or transfer outside the national territory.
Article 22 (1) the issue of documents for the export of chemicals listed in no. 1 shall be subject to presentation of a certificate and end-user, issued/endorsed by State authority designated for this purpose in the State receiving exports or an equivalent document.
(2) the issue of documents for the export of chemicals listed in no. 2, in the cases referred to in article 1. 24, is not subject to presentation of a certificate issued by the end-user/countersigned by the State authority designated for this purpose in the State receiving exports or an equivalent document. For clarification of specific issues, the Agency may require any exporter other supporting documents.
(3) the issue of documents for the export of chemicals listed in no. 3, in the situations referred to in article 1. 24, shall be subject to presentation of a certificate and end-user, issued or approved by the State authority designated for this purpose in the State receiving exports or an equivalent document.
(4) certificate of end user must specify, in relation to the substances which are subject to export: a) that will be used only for purposes that are not prohibited by the Convention;
b) that will not be re-exported;
c) types and quantities;
d) end use;
e) name and address of the end-user.
Article 23 (1) of the import and export of chemicals listed in no. 1 may be carried out only with States parties to the Convention and only for purposes of research, medical, pharmaceutical or protective.
(2) pursuant to paragraph 1 imported chemicals. (1) may not be re-exported to a third country.
Article 24 (1) of the import and export of the chemicals listed in no. 2 shall be carried out only with States parties to the Convention.
(2) chemicals listed in no. 3 can be exported to countries that are not party to the Convention, in compliance with the conditions laid down in article 21. 22. Chapter V control system Article 25 the agency ensures compliance with the provisions of this law through the supervision of the supervisor of the production, processing, consumption and import-export of chemicals listed in lists, as well as inspections to installations and objectives in relation to them.
Article 26 (1) in order to exercise its functions, the Agency shall set up a body for its control.
(2) the Agency's inspection Body has unbundled access to all facilities, equipment, documents and information required, irrespective of the persons holding, to verify compliance with the provisions of the Convention and of this law.
(3) chemical analyses required inspection activities, the Agency shall designate the chemical laboratories equipped with proper equipment.
(4) expenses related to the designated agency laboratories of chemical analysis required inspection activities shall be borne by the budget of the Agency.
Article 27 In carrying out control activities if, through onsite inspections, checked have the following obligations: (a) the inspection team) for the inspection, data concerning the characteristics of the platform or installation, activities, safety measures, administrative and logistics;
b) on request, the running of technological operations in a controlled facility;
c) put on demand available to inspectors, documentation relevant to the purpose of the inspection;
d) permit the inspectors to solicit staff or platform installation information necessary for establishing the facts relevant to the objective of the inspection may object to questions deemed irrelevant towards this objective;
e) provide necessary protective equipment conduct inspection or allow use of equipment brought to the inspection team, if it corresponds to the specifics of the installation;
f) ensures the installation and operation of equipment and monitoring systems, which we make available or that are made by the inspection team;
g) allow, at the request of the inspectors, photographing and/or video, their representatives or of the Agency of the relevant items in the installation, in compliance with the legal provisions concerning measures for handling of registrations, according to the confidential nature thereof;
h) ensures, at the request and in the presence of inspectors, sampling and analyzing them, if you have the necessary conditions; retained samples from samples taken and allow the transfer of samples for chemical analysis at laboratories approved by the agency or Organization;
I) participates in the submission by the inspection team, the preliminary results of the inspection, contribute to the clarification of possible inconsistencies and requires, in writing, by the inspection team, the preliminary results of the list of samples taken and withheld documents.
Article 28 (1) Installations for the production of chemicals listed in no. 1 shall be subject to checks by on-site inspections and monitoring equipment installed in the plant.
(2) verification Activities at the single small-scale facility shall ensure that: a) declarations of quantities of chemicals produced are correct and if it does not exceed the quantity specified in the authorization, issued by the Agency, in accordance with the provisions of art. 17 para. (1);
b) are complied with the limits set for reaction vessels, in accordance with the provisions of art. 17 para. (2) and (3) the verification Activities specified in article 2 installations. 18 and 19, which produce chemicals listed in no. 1 watching if: (a) the facility is used for) the manufacture of other chemicals, listed in no. 1 other than those declared;
b) quantities of chemicals produced, processed or consumed were properly declared and are compatible with the purposes listed in the authorization;
c) chemicals produced are diverted away or used for other purposes.
(4) in the context of the checks carried out by the inspection body of the Agency, compliance with the aims and provisions of article 7. 391. 2. Article 29 (1) Platforms that produce, process or consume chemicals listed in no. 2 and having sent statements according to art. 10 para. (1) and (2) shall be subject to checks by on-site inspections.
(2) inspections carried out pursuant to paragraph 1. (1) follow, with priority to the verification of the absence of any): chemicals listed in no. 1, in particular for the production of such substances, in addition to the rules laid down in article 21. 16-19;
b) compliance statements, transmitted on the basis of the provisions of art. 10 para. (1) and (2) with the actual levels of production, processing and consumption of the chemicals listed in no. 2;
c) existence of diversion of chemical substances listed in no. 2 for purposes prohibited.
Article 30 (1) Platforms that produce chemicals listed in no. 3 and they sent statements according to art. 11(2). (1) shall be subject to checks by on-site inspections.
(2) inspections carried out pursuant to paragraph 1. (1) verification of conformity: in these activities) platforms with the statements submitted by the basis. 11;
b) absence of any chemicals listed in no. 1, in particular for the production of such substances, in addition to the rules laid down in article 21. 16-19. Article 31 (1) declared as Platforms. 12 and 13 may be subject to verification through on-site inspections.
(2) inspections carried out pursuant to paragraph 1. (1) verification of conformity: in these activities) platforms with the statements submitted by the basis. 12 and 13;
b) absence of any chemicals listed in no. 1, in particular for the production of such substances, in addition to the rules laid down in article 21. 16-19. Article 32 during the inspections carried out on the spot, the Agency inspection body can carry out shooting and video recording of the relevant items, in compliance with the legal provisions concerning measures for handling of registrations, according to the confidential nature thereof.
Article 33 (1) public authorities are empowered under the law to carry out informative activities for preventing and combating crime, the Agency shall transmit the data obtained concerning the violation of the present law.
(2) the Ministry of public finance, at the request of) the Agency shall conduct checks and shall inform it of the results of such tests.
— — — — — — — — — — — — — — *) according to Government Emergency Ordinance nr. 90/2003 modification of the law nr. 141/1997 customs code of Romania and of art. 16 of Government Emergency Ordinance nr. 64/2003 to provide for measures relating to the establishment, organization, reorganization or functioning of structures within the work of the Government apparatus, the ministries and other specialized bodies of central public administration and public institutions, specific customs duties incumbent upon the Ministry of public finance from the normative acts in force, shall be taken by the national supervisory authority, with the exception of the customs policy and normative acts elaborated in its implementation the resolution of complaints, and the recovery of assets has become State property.
In accordance with article 5. (VI) of the same Ordinance, "the Directorate General of Customs ' was replaced with ' ANV '.
Also, according to art. 4 of law No. 141/1997 customs code of Romania, with subsequent amendments, the customs service shall be exercised through the ANV, which is organized and operates under the National Control Authority.
Chapter VI International Checks Article 34 (1) for the purpose of verifying compliance with the provisions of the Convention, the organization running the initial inspections, routine inspections and inspections on demand, through the inspection teams made up of inspectors and inspection assistants appointed by it.
(2) the Inspection Teams of the Organization are accompanied, during activities on Romanian territory, accompanying teams, formed in accordance with the provisions of art. 39 lit. d). (3) the provisions of art. 28-32 shall apply accordingly in the case of international inspections.
For the purposes of article 35 the effective exercise of their official duties, inspectors and inspection assistants accepted under art. 41, enjoys the privileges and immunities set out in the annex. 3 to this law.
Article 36 (1) the objectives for which they were transmitted, in accordance with the provisions of art. 8 and of article 23. 10-13 can be checked through the Organisation of initial inspections and routine inspections.
(2) In the framework of the initial inspection, the Agency together with the representatives of plants that produce chemicals listed in no. 1 and 2 are negotiating with the Organization's inspection agreements which establish in detail the installation verification procedures applicable to subsequent inspections at facilities mentioned.
(3) for installations that produce chemicals listed in no. 3, the installation ends if the agency finds its opportunity, on the occasion of the first inspections carried out by the Organization on the spot.
Article 37 (1) the organization may carry out, at the request of another State party to the Convention, an inspection upon request, notified of the Agency with at least 12 hours before the inspection, the team designated for that purpose, to arrive at the point of entry into the country. The inspection team may be accompanied by an observer designated by the State which has requested inspection.
(2) in order to clarify and eliminate all suspicions concerning possible non-compliance with the provisions of the Convention, the inspection team designated under paragraph 1. (1) access to any facility or location, as well as in any other place on the national territory, specified in the inspection mandate as being relevant to the subject-matter of the inspection.
(3) the Agency shall have the right and obligation of the controlled and to make every effort to facilitate the fulfilment of the mandate of the inspection team and to clarify all aspects of compliance with the provisions of the Convention.
(4) the persons checked are required to take measures to protect the data and information of a secret character, which have no connection with the subject matter of the inspection.
Article 38
Persons controlled by the inspection teams of the organization may have, in addition to those referred to in article 1. 27, the following obligations: (a)) shall, against payment, means and services necessary for the inspection team: local transportation, communications with the Organization, interpretation, working spaces, accommodation, meals, medical care and other services;
(b) prevent disclosure) of information and data with a secret character, which have no connection with the subject matter of the inspection;
c) provides maps, plans or schemes, which should be indicated on the relevant objectives, the perimeter;
d) allow enforcement by the inspection team of procedures to monitor the traffic of vehicles, both through the use of sensors and video recording, as well as inspecting and keeping track of vehicles coming out of the perimeter.
Article 39 the purpose of applying the provisions of the Convention relating to the conduct of international inspections, the Agency shall take the following measures: a) sets together with the Ministry of Internal Affairs *)-general inspectorate of border police — and with national supervisory authority *) input/output to/from country inspection teams and forward them to the organization within 30 days after the date of entry into force of the Convention;
b) transmit the national supervisory Authority task force *) list the equipment approved by the Organization, as well as any updates of this list. Also on the occasion of each inspection shall communicate the list of samples of the inspection team, which shall allow for removal from the country, in accordance with the provisions of art. 27 lit. h);
c) asked the Ministry of Transportation *), Ministry of national defence, the authorization of special landing/survol, for unscheduled aircraft respectively, civilian military owned or leased by the Organization;
d) are accompanying team of members of the supervisory body, representatives of the objective applied, and, where appropriate, of representatives of competent public authorities;
e) confirms receipt Organization immediately to the list of inspectors and inspection assistants;
f) Organization, not later than 30 days from the date of the confirmation referred to in subparagraph (a). e), list of inspectors and inspection assistants that can not be accepted.
— — — — — — — — — — — — — — — *) according to Government Emergency Ordinance nr. 90/2003 modification of the law nr. 141/1997 customs code of Romania and of art. 16 of Government Emergency Ordinance nr. 64/2003 to provide for measures relating to the establishment, organization, reorganization or functioning of structures within the work of the Government apparatus, the ministries and other specialized bodies of central public administration and public institutions, specific customs duties incumbent upon the Ministry of public finance from the normative acts in force, shall be taken by the national supervisory authority, with the exception of the customs policy and normative acts elaborated in its implementation the resolution of complaints, and the recovery of assets has become State property.
In accordance with article 5. (VI) of the same Ordinance, "the Directorate General of Customs ' was replaced with ' ANV '.
Also, according to art. 4 of law No. 141/1997 customs code of Romania, with subsequent amendments, the customs service shall be exercised through the ANV, which is organized and operates under the National Control Authority.
— — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: under (b). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in the normative acts in force, the name of the Ministry of administration and interior is replaced with the name of the Ministry of internal affairs.
By the decision of the Government. 24 of 23 January 2013, published in MONITORUL OFICIAL nr. 62 of 29 January 2013, was willing the organisation and functioning of the Ministry of transport.
Article 40 of the accompanying Team ensure, during the inspection, compliance with the obligations and exercise the rights which the person inspected derive from the provisions of the Convention. To this end: (a) examine, in section), the equipment and the equipment of the inspection team and accept them or reject them on the basis of the list established by the Organization, and the documents accompanying them;
b) transports the team objective inspection, within 12 hours of arrival at the point of entry; in the case of inspections on demand, when it negotiates the final perimeter, the maximum term to arrive at the goal of the inspection is of 36 hours;
c) negotiates with the inspection team details the conditions of inspection;
d) participate in the checks carried out by the inspection team, shall ensure that it strictly comply with the inspection mandate issued by the Organization and to disturb as little as possible activities in the facility or from the perimeter of the inspected;
e) on completion of the checks, inspection, equipment and apparatus, as well as samples that are removed from the country by the inspection team and participates in the carrying out of customs formalities.
Article 41 in order to implement the provisions of the Convention relating to the organisation and conduct of inspections by the International Organization, Ministry of Foreign Affairs is required to make the necessary arrangements for the diplomatic missions and consular offices of Romania, not later than 30 days from the date of the acknowledgement of receipt of the list of inspectors and inspection assistants, the entry-exit visas, transit , for multiple trips, valid for at least two years, to enable each inspector and inspection Assistant agreed to fulfill its mandate.
Article 42 Public Finance Ministry *): temporary entry), without payment of import duties and without filling customs declaration in detail, on the basis of an inventory in duplicate, stamped by the customs authority, equipment, equipment and samples shipped for inspection team members, as well as items for personal use, except articles the import or export of prohibited by law times controlled by quarantine rules provided their removal from the country at the conclusion of the inspection. Customs formalities for equipment and appliances shall be carried out simultaneously with their examination of the accompanying team, at the point of entry/exit/in the country;
b) shall ensure the establishment without guaranteeing import and customs duties without filling in the customs declaration, the evidence submitted by the organization or by provision of it for analysis by laboratories from Romania;
c) provides the accompanying team at the point of entry/exit, a space corresponding to the intended examination equipment and equipment brought in by the inspection team;
d) inform Agency operative over transit operations through the Romania of chemicals entered in the list, in accordance with the customs legislation, as well as on the results of the verification of the domain specific incidents of the present law;
e), upon request, inform the Agency on the operation of import/export of chemicals carried out in accordance with the customs legislation, in order to identify those operations falling within the scope of this law.
— — — — — — — — — — — — — — — *) according to Government Emergency Ordinance nr. 90/2003 modification of the law nr. 141/1997 customs code of Romania and of art. 16 of Government Emergency Ordinance nr. 64/2003 to provide for measures relating to the establishment, organization, reorganization or functioning of structures within the work of the Government apparatus, the ministries and other specialized bodies of central public administration and public institutions, specific customs duties incumbent upon the Ministry of public finance from the normative acts in force, shall be taken by the national supervisory authority, with the exception of the customs policy and normative acts elaborated in its implementation the resolution of complaints, and the recovery of assets has become State property.
In accordance with article 5. (VI) of the same Ordinance, "the Directorate General of Customs ' was replaced with ' ANV '.
Also, according to art. 4 of law No. 141/1997 customs code of Romania, with subsequent amendments, the customs service shall be exercised through the ANV, which is organized and operates under the National Control Authority.
Article 43 the Ministry of transportation) shall take the following measures with respect to aircraft, owned or leased by the Organization, carrying inspection teams and equipment necessary for inspection: a) approves an authorization for special landing survol/for civil aircraft, owned or rented out by the Organization, so that the number of this authorization may be forwarded to the organization by the Agency, within 30 days after the entry into force of the Convention and each year no later than December 15 for the year next;
b) at the request of the Agency, has approved, on a priority basis, of the Romanian associated airspace or landings/take-offs on/off airports in Romania, intended for international air traffic;
c) has priority, insurance surcharge, ground servicing, security, service and fuel;
d) require that aircraft should be exempted from the payment of charges for air navigation services, the payment of fees for landing, lighting, parking and paying fees for the use of air navigation services of route (RNAC) and paying fees for navigation services and airport terminal.
— — — — — — — — — — — —-*) C.T.C.E. NOTE S.A.: Piatra Neamt Through Government decision No. 24 of 23 January 2013, published in MONITORUL OFICIAL nr. 62 of 29 January 2013, was willing the organisation and functioning of the Ministry of transport.
Article 44 of the National Defense Ministry to approve the authorization of special landing/survol, for unscheduled military aircraft, leased by the Organization, and shall notify the Agency, in its number each year no later than December 15 for the following year, for forwarding to the Organization by the Agency.
Article 45 the Ministry for information society *) authorised for use by the inspection team of telecommunications assets of the Organization, with the headquarters of the Organization, and between the members of the inspection team.
— — — — — — — — — — — —-*) C.T.C.E. NOTE S.A.: Piatra Neamt Through Government decision No. 548 of 30 July 2013, published in MONITORUL OFICIAL nr. 492 of 5 august 2013, were ordered for the Organization and functioning of the Ministry of information society.
Chapter VII other provisions Article 46 (1) Agency Staff who peruse the information constituting State secrets, service or trade shall comply with their character and make them known only to public authorities in particular, in accordance with the law.
(2) the Agency shall determine, where appropriate, on the basis of an agreement concluded for that purpose with the Organization, the category for classifying information secret what shall be transmitted to it.
Ministry of Foreign Affairs article 47 ensures transmission of the stock declarations and other documents between the Agency and the organization.
Article 48 (1) access control body specialists Agency objectives and installations covered by this law shall be made on the basis of the mandate issued by the President of the Agency.
(2) access to international inspection team objectives and installations covered by this law shall be made only in conjunction with the accompanying team members, on the basis of a note verbal issued by the Agency.
Article 49 (1) the Agency shall, upon request, expert advice to businesses and other people interested in the application of toxic chemicals and precursors.
(2) the Agency shall disseminate the documentary material and edits and organizes courses, seminars, symposia and other forms of training economic operators and public authorities, in order to correct interpretation and application of the provisions of the Convention and of this law.
Article 50 the amounts needed to ensure the offer of assistance to Romania in the Organization through a voluntary contribution to the Fund, to purchase and maintenance of equipment or services which are the subject of this tender, shall ensure in the budget of the Agency.
Chapter VIII Offences and offences Violating the provisions of Article 51 of this law shall entail, if applicable, civil liability, disciplinary, material, administrative or criminal liability.
Article 52 heads of legal persons are obliged to ensure compliance with the provisions of this law and to establish the tasks of the staff responsible for their application.
Article 53 (1) Constitute contraventions and sanctions the following facts: a) the transmission of declarations and notifications under article 4. 7-14 delayed up to 30 days, with fine 100 million 300 million Lions Lions;
b) transmitting the declarations referred to in article 1. 7-14 late over 30 days, as well as the transmission of incomplete or in breach of the work done, with fine 300 million 500 million lei lei;
c) transmit the declarations as provided for in this law, with a fine of 100,000 lei lei to 50,000;
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Lit. c) of paragraph 2. (1) of article 1. 53 was amended by section 1 of article. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
d) refusal to allow members of the body of the Agency's control objectives and installations covered by this law, that in any manner to carry out their statutory duties and exercise, as well as hiding relevant data and information relating thereto, with fine 500 million 1.000.000.000 lei lei;
(e) failure to comply with the obligation laid down) according to the provisions of article 3. 391. (2) the elaboration of specific rules relating to track transactions conducted with such substances safely and keeping them, as well as violating these rules, with fine 150 million 500 million lei lei;
f) at the request of transmit in writing to the Agency, documents, data and information required, within specified time limits, with fine 50 million lei to the 200 million lei.
(2) administrative Sanctions may be imposed and to legal persons.
(3) the finding of violations and sanctions are carried out by the inspection body of the Agency.
(4) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in paragraph 1. (1) the claim agent making mention of this possibility in the minutes.
Article 54 Irregularities referred to in article 1. 53 para. (1) apply to them the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended.
Article 55 (1) of the Act is to use chemical weapons constitutes infringement and is punishable by imprisonment from 5 to 12 years and the prohibition of certain rights.
(2) the attempt shall be punishable.
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Art. 55 was amended by paragraph 2 of article 9. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 56 (1) development, production, acquisition, possession or transfer, indirectly directly times chemical weapons constitutes infringement and is punishable by Snchisoare from 3 to 10 years and the prohibition of certain rights.
(2) the penalties provided for in paragraph 1. (1) shall be imposed upon toxic chemicals or their precursors for using chemical weapons purposes Sn.
(3) the attempt shall be punishable.
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Art. 56 was amended by section 3 of article 9. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 57 Repealed.
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Art. 57 was repealed by paragraph 4 of art. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 58 (1) the production of chemicals listed in no. 1 in quantities beyond the limits and under conditions other than those laid down in article 21. 16-19, as well as the import, export, possession, without using their times compliance with the provisions of article 7. 391. (1) and of article 23. 23, constitutes infringement and is punishable with imprisonment from one year to five years.
(2) the import and export of the chemicals listed in schedules nr. 2 and 3, in contravention of the provisions of art. 24, constitutes infringement and is punishable by imprisonment from six months to three years or by a fine.
(3) refusal to provide access to members of the Agency's supervisory body, together with the inspection teams of the Organization, objectives and installations which are subject to this law, to prevent them, in any way, to exercise the legal powers, as well as hiding relevant data and information relating thereto constitute offence and is punishable with imprisonment from one year to five years and the prohibition of certain rights.
(4) the attempt shall be punishable.
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Art. 58 was modified by section 5 of art. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 59 (1) in the case of prosecution of offences referred to in articles. 55, 56 and 58, are carried out by the Prosecutor.
— — — — — — — — — — —-. (1) of article 1. 59 was modified by art. 38, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2) the power to judge offences rests in the first instance courts.
Article 60 Repealed.
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Art. 60 it was repealed by section 6 of article. 63, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Chapter IX final provisions Article 61
(1) the Agency shall draw up, on the basis of the provisions of the present law, detailed rules concerning the technical arrangements for the implementation of its provisions, as well as the specifics and details concerning application of the Convention, which shall be adopted by the Conference of States parties to the Convention.
(2) the detailed rules referred to in paragraph 1. (1) is approved by order of the President of the Agency and shall be published in the Official Gazette of Romania, part I.
Article 62 (1) this law shall enter into force on the date of entry into force of the Convention, with the exception of articles referred to in paragraph 1. (3) (2) the date of entry into force of the Convention, established in accordance with article 5. XXI thereof, is on 29 April 1997.
(3) the provisions of art. 2, art. 3, art. 5, art. 6, art. 7, art. 8 para. (1), art. 10 para. (1) (a). paragraphs 1 and 2). (2), (3) and (4), art. 11(2). (1) (a). a), art. 11(2). (2) and (3), art. 12 lit. a), art. 13 lit. a), art. 14. (1) (a). a), art. 25, art. 46, art. 48 para. (1), art. 49-52, art. 53 para. (1) (a). a), b) and (c)), para. (2), (3) and (4), art. 54 and of art. 61-63 shall apply from the date of publication of this law in the Official Gazette of Romania, part I.
(4) the date of entry into force of this law, any provisions to the contrary are hereby repealed.
Article 63 appendices. 1-3 are an integral part of this law.
Annex 1 LISTS the CHEMICALS LIST No. 1 (CAS) a. toxic chemicals: (1) Alkyl (Me, Et, n-Pr or i-Pr) fluorofosfonaţi of O-Alkyl [≤ C (10), including cicloalchil] Examples: Sarin: O-isopropyl Metilfluorofosfonat of (107-44-8) Metilfluorofosfonat: a Sadath-pinacolil (96-64-0) (2) Dialchil (Me, Et, n-Pr or i-Pr) amidocianofosfaţi of O-Alkyl [≤ C (10), including cicloalchil] Example: Shpresa: Dimetilamidocianofosfat of O-ethyl (77-81-6) (3) Alkyl (Me , Et, n-Pr or i-Pr) tiofosfonaţi of O-Alkyl [H or ≤ C (10), including cicloalchil]-S-[2-(dialchil (Me, Et, n-Pr or i-Pr) amino) ethyl] and the corresponding alchilate salts or protonate Example: VX: O-ethyl Metiltiofosfonat of-S-[2-(diizopropilamino) ethyl] (50782-69-9) (4) Iperite with sulfur: 2-Cloroetil-clorometil-sulphide (2625-76-5) sulfur mustard: Bis (2-cloroetil)-sulphide (505-60-2) Bis (2-cloroetiltio) methane (63869-13-6) Sescviiperită: 1.2-Bis (2-cloroetiltio) ethane (3563-36-8) 1.3-Bis (2-cloroetiltio)-n-propane (63905-10-2) 1.4-Bis (2-cloroetiltio)-n-butane (142868-93-7) 1.5-Bis (2-cloroetiltio)-n-pentane ( 142868-94-8) Bis (2-cloroetiltiometil)-ether (63918-90-1) sulfur mustard: Bis (2-cloroetiltioetil)-ether (63918-89-8) (5) Lewisite 1:2: Lewisită-Clorovinildicloroarsină (541-25-3) Lewisită 2: Bis (2-clorovinil) cloroarsină (40334-69-8) Lewisită 3: Tris (2-clorovinil) arsină (40334-70-1) (6) nitrogen Iperite: HN1: Bis (2-cloroetil) etilamină (538-07-8) HN2: Bis (2-cloroetil) methylamine (51-75-2) HN3: Tris (2-cloroetil) Amine (555-77-1) (7) Saxitoxină (35523-89-8) (8) Ricină (9009-86-3) b. Precursors Difluoruri: (9) alkyl (Me, Et, n-Pr or i-Pr) fosfonice Example: DF: Difluorură metilfosfonică (676-99-3) (9) Alkyl (Me, Et, n-Pr or i-Pr) fosfoniţi of O-Alkyl [H or ≤ C (10), including cicloalchil]-O-[2-(dialchil (Me, Et, n-Pr or i-Pr) amino) ethyl] and the corresponding alchilate salts or protonate Example: QL: O-ethyl Metilfosfonit of-O-[2-(diizopropilamino) ethyl] (57856-11-8) (11) Clorosarin: Metilclorofosfonat of O-isopropyl (1445-76-7) (12) Clorosoman : Metilclorofosfonat a-pinacolil (7040-57-5) LIST 2 a. toxic chemicals: (1) Amiton: O, O Tiolofosfat de-diethyl S-[2-(dietilamino) ethyl] and the corresponding alchilate salts or protonate (78-53-5) (2): 1.1 0.3 0.3 PFIB 1,2,3,-Pentafluoro-2-propene (trifluorometil) (382-21-8) (3) BZ 3-Benzilat: chinuclidinil (6581-06-2) b. Precursors: (4) chemicals, except for those listed in no. 1, containing a phosphorus atom to which it is linked to a methyl, ethyl or propyl (normal or ISO), but no other carbon atom Examples: metilfosfonică Dichloride (676-97-1) Metilfosfonat (756-79-6) exception: Fonofos: O-ethyl Etiltiofosfonotiolat of S-phenyl (944-22-9) (5) Dihalogenuri N, N-Dialchil (Me, Et, n-Pr or i-Pr) amido-phosphoric flicker (6) N, N-Dialchil (Me, Et, n-Pr or i-Pr) amidofosfaţi of dialchil (Me , Et, n-Pr or i-Pr) (7) arsenic Trichloride (7784-34-1) (8) Acid 2.2-diphenyl-2-hidroxiacetic (76-93-7) (9) Chinuclidinol-3-ol) (1619-34-7) (10) N, N-Dialchil (Me, Et, n-Pr or i-Pr)-2-cloroetilamine and the corresponding salts protonate (11) N, N-Dialchil (Me, Et, n-Pr or i-Pr) amino-2-OLS and corresponding salts protonate exceptions: N, N-Dimethylaminoethanol and corresponding protonate salts (108-01-0) N, N-Dietilaminoetanol and its salts protonate corresponding (100-37-8) (12) , N-Dialchil (Me, Et, n-Pr or i-Pr) amino-2-etantioli and the corresponding salts protonate (13) Tiodiglicol: Bis (2-hydroxyethylsalicylate)-sulphide (111-48-8) (14) pinacolilic Alcohol: 3.3-Dimetilbutan-2-ol (464-07-3) LIST No. 3 a. toxic chemicals: (1) Phosgene: Carbonyl dichloride (75-44-5) (2) Clorcian: cianogen chloride (506-77-4) (3) hydrogen cyanide hydrogen cyanide: (74-90-8) (4) Cloropicrină: Tricloronitrometan (76-06-2) b. Precursors (5) phosphorus Oxychloride: fosforil chloride (10025-87-3) (6) phosphorus Trichloride (7719-12-2) (7) Pentaclorură of phosphorus (10026-13-8) (8) trimethyl Phosphite was submitted by (121-45-9) (9) Phosphite was submitted by the trietil (122-52-1) (10) dimethyl Phosphite was submitted (868-85-9) (11) diethyl Phosphite was submitted (762-04-9) (12) sulfur Monochloride (10025-67-9) (13) sulfur Dichloride (10545-99-0) (14) tionil chloride (7719-09-7) (15) Etildietanolamină (139-87-7) (16) Metildietanolamină (105-59-9) (17) Triethanolamine (102-71-6) Annex 2 definitions of technical terms 1. The production of a chemical means getting them through a chemical reaction.
2. processing of a chemical means a physical process, such as conditioning, extraction or purification by which that substance is not converted into another chemical.
3. Consumption of a chemical means its transformation into another substance through chemical reaction.
4. CAS number means the Chemical Abstracts Service Registry, corresponding to each identifiable by chemical name and chemical formula.
5. organic chemical defined means any chemical belonging to the class of chemical compounds that includes all compounds of carbon except its oxides and sulphides and metal carbonates, and can be identified by chemical name, structural formula (if known) and the CAS number (if assigned).
6. the inspection Mandate issued by the organization means the instructions for the inspection team, in order to conduct a particular inspection.
7. Inspection Assistant means a person designated by the Organization to assist the Inspector to conduct an inspection or visit, such as your doctor, medical personnel, security officer, administrative agent or an interpreter.
8. Installation refer to any of the objectives defined below: a) platform (combined, factory, factory) is an integrated local, consisting of one or more facilities having intermediate administrative levels, under a single leadership and with a common infrastructure such as: (i) administrative offices and other offices;
() repair and maintenance workshops;
(iii) medical practice;
(iv) utilities;
(v) analytical laboratory;
(vi) research and development laboratories;
(vii) the Central waste water treatment plant;
(viii) storage lockers.
b) Plant (plant production workshop) is an area of relatively autonomous building or structure containing one or more units with auxiliary and associated infrastructure, such as: (i) a small administrative sector;
() storage and handling of raw materials and products;
(iii) waste water treatment plant;
(iv) analytical laboratory control;
(v) the first aid service/medical practice specifically;
(vi) records relating to entries, exits and movements of declarable substances and raw materials, and products made of them, as appropriate.
c) unit (productive unit, unit of processing) represents the combination of equipment (machinery), including reaction vessels and associated facilities required for the production, processing or consumption of a substance.
9. import operation Acquisition means, namely introduction, definitive or temporary, on the territory of Romania, including the non-action of delivery outside the national territory, as well as receipt of a national territory.
10. One means the export operation, i.e. removing the final or temporary, of the territory of Romania, including sending non-action outside national territory, and sending to a person on the national territory.
Annex 3 PRIVILEGES and IMMUNITIES accorded to inspectors and inspection assistants *) *) under section B of part II of the annex to the Convention relating to verification.
1. to exercise their functions effectively, inspectors and inspection assistants shall be granted privileges and immunities as specified in (b). a)-i). Privileges and immunities shall be granted to the members of the inspection team on behalf of the Covenant and not for the personal benefit of the individuals concerned. These privileges and immunities shall be granted to the entire period between arrival and departure from the territory of Romania, and thereafter, taking into account the acts previously performed in the exercise of their official functions.
the inspection team members) will be granted inviolability enjoyed by diplomatic agents pursuant to article 4. 29 of the Vienna Convention of 18 April 1961, concerning diplomatic relations.
b) housing and premises, occupied by offices of the inspection team carrying out inspection activities in the implementation of the Convention, will be awarded the inviolability and protection accorded to diplomatic agents premises pursuant to art. 30 paragraph 2. 1 of the Vienna Convention regarding diplomatic relations.
c) documents and correspondence, including records of the inspection team shall enjoy inviolability accorded diplomatic agents and mail documents pursuant to art. 30 paragraph 2. 2 of the Vienna Convention regarding diplomatic relations. The inspection team shall have the right to use codes for communication with the technical secretariat of the organization.
d) Samples and approved equipment brought by the inspection team shall be inviolable, subject to the conditions the provisions contained in the Convention, and will be exempted from the payment of any customs duties. Hazardous samples shall be transported in accordance with specific rules.
e) inspection team members will be awarded the immunities granted to diplomatic agents pursuant to article 4. 31 para. 1, 2 and 3 of the Vienna Convention regarding diplomatic relations.
f) inspection team members, performing tasks ordered pursuant to the Convention, will be granted exemption from taxes and duties granted to diplomatic agents pursuant to article 4. 34 from the Vienna Convention regarding diplomatic relations.
g) inspection team members will be allowed to enter the territory of Romania, without payment of any import duties or other charges of a similar nature, articles for personal use, except articles whose import or export is prohibited by law or controlled by quarantine regulations.
h) inspection team members will be awarded the same currency and exchange facilities are accorded to representatives of foreign Governments on official missions, are temporary.
I) inspection team members will not engage on the Romanian territory, in any professional or trade activity, in order to gain personal profit.
2. When transiting the territory of Romania, the members of the inspection teams shall be granted the privileges and immunities enjoyed by diplomatic agents pursuant to article 4. 40 para. 1 of the Vienna Convention regarding diplomatic relations. Documents and correspondence, including records, and samples and approved equipment brought by them, shall be granted the privileges and immunities referred to in paragraphs 1 and 2. and (b). c) and (d)).
3. Without prejudicing the privileges and immunities accorded members of the inspection team shall be obliged to respect the laws and regulations in force in the territory of Romania and, insofar as this is in accordance with the inspection mandate, not to interfere in the internal affairs of the Romanian State. If you consider that Romanian authorities were abusing the privileges and immunities set out in this annex, between the Agency and the Director-general of the Organization shall be held consultations in order to determine whether this abuse has occurred and, if so, shall be established in order to avoid the repetition of such an abuse.
4. The Director-general of the organization may waive the immunity from jurisdiction of members of the inspection team shall, if it is of the opinion that immunity would impede the course of Justice and that it can get rid of it without harm in implementing the Convention. Waiver must always be express.
5. Observers shall be granted the same privileges and immunities accorded to inspectors pursuant to this annex, except for those accorded pursuant to paragraph 1. and (b). d).
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