Guvernul României

Enactment no. 94/2006 for the approval of the Methodological Standards for implementing Law no. 248/2005 on the status of the free movement of Romanian citizens abroad*)

Text publicat în M.Of. al României.

În vigoare de la 27 ianuarie 2006

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*) Government Decision no. 94/2006 was published in the Official Gazette of Romania, Part I, no. 76 of 27 January 2006.

Art. 1. - The Methodological Standards for implementing Law no. 48/2005 on the status of the free movement of Romanian citizens abroad, as stipulated in the annex which is part of the present decision, shall be approved.

Art. 2. - The present decision shall come into force on 29 January 2006.

ANNEX

METHODOLOGICAL STANDARDS
for implementing Law no. 248/2005 on the status of the free movement
of Romanian citizens abroad

CHAPTER I
General provisions

Art. 1. - The present methodological standards shall set forth the necessary documents, procedure, terms and time limits for processing applications for the issue of documents for travelling abroad by the Romanian authorities, as well as the procedures for complying with the terms stipulated under Law no. 248/2005 on the status of the free movement of Romanian citizens abroad, needed for the exercise of the right to free movement.

Art. 2. - The movement of Romanian citizens abroad shall be permitted based on travel documents issued under the present methodological standards by the competent Romanian authorities, as well as based on other documents set forth in the international agreements to which Romania or the Government of Romania, as applicable, is a party.

CHAPTER II
Documents for travelling abroad

Section 1
Diplomatic passports and official duty passports

Art. 3. -

(1) Diplomatic passports and official duty passports shall be issued by the Ministry of Foreign Affairs, through the General Department for Consular Affairs, at the request of the institutions, public authorities or bodies interested, as applicable, in the instances and under the terms stipulated under Law no. 248/2005.

(2) Applications for issue of diplomatic or official duty passports must be accompanied by justification stating the purpose for which and the capacity in which their holders are to travel abroad, drawn up by the institutions, authorities, or bodies interested, as applicable.

(3) The procedures, necessary documents and time limits for issue of diplomatic passports and official duty passports shall be set forth consistently, in the instructions released by the Ministry of Foreign Affairs, which shall be notified to the institutions, bodies and authorities interested.

Section 2
Ordinary passports

Art. 4. -

(1) Applications for issue of ordinary passports shall be filed with the community public services for public records, in a one-stop system, or with the community public services for the issuance and records of ordinary passports in the district of which the holders have their domicile or residence, as applicable.

(2) Applications for urgent issue of ordinary passports shall be filed only with the community public services for the issuance and records of ordinary passports.

Art. 5. - Applications for issue of ordinary passports shall be submitted by applicants in person, and shall be accompanied by the following documents:

a) a valid identity card, provisional identity card or identity booklet - the original and a photocopy. The provisional identity card may be accepted only if accompanied by the birth certificate - the original and a photocopy;

b) the proof of payment of the fees and tariffs for passport issuance, as well as, as applicable, of the additional tariff for urgent issuance of an ordinary passport, as stipulated under Law no. 248/2005;

c) the previous passport, if any.

Art. 6. -

(1) If, for objective reasons, the applicants are unable to go to the community public services in person, the applications for issue of ordinary passports shall be filed through a representative, and shall be accompanied by the documents stipulated under article 5, as well as by the following documents:

a) special power of attorney, authenticated in Romania by a notary public, and, abroad, by Romania's diplomatic missions or consular offices;

b) identity card, provisional identity card or identity booklet of the authorised person, as applicable, within its term of validity - the original and a photocopy;

c) two identical colour photographs of the holder, 35 x 45 mm in size. The photographs must show the holder's current physiognomy, in front view, against a clear, neutral, plain background, allowing the head contour to be clearly distinguishable. The holder shall not have his/her head covered or his/her eyes closed, and the expression of his/her face shall show a neutral state of mind.

(2) In the case of special powers of attorney authenticated abroad by Romania's diplomatic missions or consular offices, one of the photographs shall be affixed onto the power of attorney or application, and the holder's identity shall be acknowledged by the consular officer by means of his/her signature and stamp.

Art. 7. -

(1) Applications for issue of an ordinary passport to a minor, or for the minor's inclusion in the passports of both parents or in the passport of one of the parents, as applicable, under Law no. 248/2005, shall be accompanied by the following documents:

a) for minors below the age of 14:

(i) birth certificate - the original and a photocopy;

(ii) a declaration by one parent, in which he/she expresses his/her consent for the minor to be included in the other parent's passport, a death certificate, or a final and irrevocable court decree granting custody of the minor, as appropriate;

b) for minors below the age of 14:

(i) valid identity card, provisional identity card or identity booklet - the original and a photocopy. A provisional identity card may be accepted only if accompanied by the birth certificate - the original and a photocopy;

(ii) declarations by both parents, by the surviving parent, by the parent having been granted custody of the minor by means of a final and irrevocable court decree, or by the lawful representative, attesting to their consent to a passport being issued to the minor;

(iii) death certificate, final and irrevocable court decree granting custody of the minor - the original and a photocopy, if a declaration by only one of the parents is being submitted, under point (ii);

c) the parents', one of the parents' or the lawful representative's valid identity cards, provisional identity cards or identity booklets, as applicable - the original and a photocopy;

d) documents attesting to the fact that the minor is travelling for the purpose of attending courses or official competitions abroad; such documents shall be endorsed by an administrative authority of competence in the field, and shall state the period for which and the state(s) where such courses or competitions will be held, in the instances stipulated under article 17 (3) of Law no. 248/2005;

e) documents regarding the minor's medical condition; such documents shall be issued or endorsed by the Romanian medical authorities, in the instance stipulated under article 17 (4) of Law no. 248/2005;

f) the proof of payment of the fees and tariffs for passport issuance, as well as of the additional tariff for urgent issuance of an ordinary passport, as applicable;

g) the ordinary passport of a minor below the age of 14, if its invalidation and the minor's inclusion in the passports of both parents or in the passport of one of the parents, are being requested.

(2) The declarations stipulated under paragraph (1) may be given before the officer that receives the application or may be authenticated - in Romania, by a notary public and abroad, by Romania's diplomatic missions or consular offices. If such declarations are being given before foreign authorities, they must comply with the legalisation terms stipulated under the law, or bear the apostille of the Convention abolishing requirements of legalisation for foreign public documents, adopted in The Hague on 5 October 1961, to which Romania adhered under Government Ordinance no. 66/1999, approved under Law no. 52/2000, with subsequent amendments. The death certificates stipulated under paragraph (1) must be valid and shall act as evidence on the territory of Romania, under the law.

(3) If the issuance of a passport to a minor, or a minor's inclusion in the passport of one of the parents is being requested, under article 17 (6) of Law no. 248/2005, the parent who is filing the application or is giving the declaration that attests to his/her consent to passport issuance must produce also the final and irrevocable court decree through which the court has resolved the disagreements between the parents on such consent.

(4) Applications for issue of ordinary passports to minors below the age of 14 shall be filed by both parents, by the surviving parent, by the parent having been granted custody of the minor by a final and irrevocable court decree, or by the lawful representative. Applications may be filed by one of the parents only if he/she is being empowered by the other parent by a special power of attorney authenticated - in Romania, by a notary public and abroad, by Romania's diplomatic missions or consular offices -, or if there is a written consent by the other parent, authenticated under the same terms.

(5) Where, for objective reasons, neither of the parents can report for the community public services, the applications stipulated under paragraph (4) may be filed by another person empowered by the parents by means of a special power of attorney, authenticated - in Romania, by the notary public and abroad, by Romania's diplomatic missions or consular offices.

(6) If the minor below the age of 14 is not present when the application is being filed, his/her parents shall confirm that the photograph shows him/her, before the officer who receives the application or, as a applicable, according to the procedure established under article 6 (2).

Art. 8. - Applications for issue of an ordinary passport that concern a person who is to travel abroad in order to follow a medical treatment without which his/her life or health would be in jeopardy, may be filed with the nearest community public service for the issuance and records of ordinary passports, and shall be accompanied by the documents stipulated under articles 5-7, as applicable, as well as by documents concerning the holder's medical condition, issued or endorsed by the Romanian medical authorities.

Art. 9. - Abroad, the applications for issue of ordinary passports may be filed in person, with Romania's diplomatic missions or consular offices, following adequate application of article 5 a) and c) and of article 7 (1) a)-c) and g).

Art. 10. -

(1) Applications for issuance of an ordinary passport to a minor or for inclusion of the minor in the passports of both parents or in the passport of one of the parents shall be accepted only if they meet the following terms:

a) they have been duly completed, all the headings having been covered;

b) the data listed match the data in the documents that accompany the application;

c) they are being accompanied by all the due documents, as stipulated under articles 5-8.

(2) The declarations provided for under article 7, if not given under different circumstances, the data listed in the application, as well as the documents shown as photocopies shall be certified by the officer who receives the application. If applications are being filed with Romania's diplomatic missions or consular offices abroad or using a special power of attorney authenticated by Romania's diplomatic missions or consular offices abroad, the photocopies of the documents required under articles 5 and 7 shall be certified by the consular officer, in which case the application sent to the competent authorities in Romania for processing shall be accompanied only by the copies of the documents thus certified.

(3) The original documents produced, except for the special power of attorney and the declaration of parental consent, shall be returned to the applicant along with a ticket bearing mentions regarding the date of receipt of the application, the full name of the applicant and, as appropriate, the full name of the person on behalf of whom passport issuance or whose inclusion in the passport is being requested, as well as the date scheduled for its issuance.

Art. 11. -

(1) Competence for processing applications for ordinary passports shall belong to the community public services for the issuance and records of ordinary passports in the district of which the applicants have their domicile or residence.

(2) In the instance stipulated under article 8, the competence for solving applications for an ordinary passport issue shall belong to the community public services for the issuance and records of ordinary passports with which such applications have been filed.

(3) In the instance mentioned under paragraph (2), as well as in the case of the applications filed with the community public services for the issuance and records of ordinary passports in the district of which the holders have their residence, ordinary passports shall be issued only after consulting the records of the community public service for the issuance and records of ordinary passports in the district of which the applicants have their domicile. After handing over an ordinary passport, the issuing community public services for the issuance and records of ordinary passports shall send the application, along with all the documents accompanying it, to the community public service for the issuance and records of ordinary passports in the district of which the applicants have their domicile.

Art. 12. -

(1) The authorities of competence for processing the applications for issue of ordinary passports or for inclusion of the minor in an ordinary passport shall verify that the terms stipulated under Law no. 248/2005 have been complied with, based on the documents produced by the applicant, and if there are no hindrances, they shall issue that document and/or make the due mentions in the content of the passport, as applicable.

(2) If, based on the documents produced, one cannot establish with certainty that the holder's identity data are true, the competent authorities may request in addition that any of the following documents be produced, as applicable:

a) birth certificate;

b) marriage certificate;

c) driver's licence;

d) military record card;

e) other documents bearing a photograph, which may serve this purpose.

Art. 13. -

(1) The passport shall be retrieved by the holder, or - if he/she should be a minor below the age of 14 - by the person having filed the application, from the community public services or from Romania's diplomatic missions and consular office abroad with which such applications were filed.

(2) If, for objective reasons, the holder of the passport or one of the parents of a minor below the age of 14, as applicable, is not able to report for the community public services, the passport may be retrieved by the person empowered by means of a special power of attorney, authenticated - in Romania, by a notary public, or abroad, by Romania's diplomatic missions or consular offices.

(3) The passports that have not been retrieved by their holders from the community public services for the public records on the scheduled date shall be kept for 60 days, after which they shall be sent to the issuing community public services for the issuance and records of ordinary passports, where they shall be kept in store for their entire term of validity and from where they may be retrieved by their holders.

Art. 14. -

(1) The time limit for processing applications for issue of ordinary passports or for inclusion of a minor in the passports of both parents or in the passport of one of the parents, as applicable, may not exceed 20 working days.

(2) In the case of applications filed with Romania's diplomatic missions or consular offices abroad, the time limit for issuance of an ordinary passport may not exceed 90 calendar days from the date of filing the application.

(3) The time limit for processing the applications filed under article 4 (2), if payment of the additional tariff stipulated under the law has been made appropriately may not exceed 3 working days.

(4) The time limits stipulated under paragraphs (1) and (3) shall be set by the head of the community public services for the issuance and records of ordinary passports, depending on the number of applications received during that time period, as well as on the service's ability to issue documents, and they shall be displayed in the facilities designed for filing applications, in a visible location, along with a list of the necessary documents and lawful procedures for the issuance of ordinary passports, or for inclusion of minors in passports, respectively.

Art. 15. - The decision to deny an application, notified under the terms stipulated under article 21 (2) of Law no. 248/2005 may be contested by means of a prior complaint sent by the holder to the prefect in whose subordination the community public service for the issuance and records of ordinary passports that processed the application is, under the Law on administrative civil disputes no. 554/2004.

Section 3
Temporary ordinary passports

Art. 16. - Starting on the date set under the Government decision stipulated under article 7 (3) of Law no. 248/2005, with subsequent amendments, Romania's diplomatic missions and consular offices shall issue ordinary passports with one year's validity, hereafter called temporary ordinary passports.

Art. 17. -

(1) Temporary ordinary passports shall be issued by Romania's diplomatic missions and consular offices to Romanian citizens who no longer hold valid travel documents and who prove the need for continuing their trip abroad or getting their sojourn on the territory of a state in order, if they do not have the time necessary to obtain an ordinary passport.

(2) Applications for a temporary passport shall be accompanied by two photographs of the holder, which shall comply with the terms stipulated under article 6 (1) c), as well as, as applicable, by the documents stipulated under:

a) article 5 a), when producing such documents is possible;

b) article 5 b), except for the additional tariff for urgent issue of an ordinary passport;

c) article 7 (1) a)-c).

(3) If the applicant does not hold documents issued by the Romanian authorities that attest to his/her identity, either valid or expired, he/she may produce any official documents that contain his/her identity data or may serve the purpose of his/her identification.

(4) For the purpose of making the necessary checks aimed at establishing the identity of the person for whom the issuance of a temporary ordinary passport is being requested, as well as in order to verify the compliance with the necessary terms for processing the applications for issue of temporary ordinary passports, the General Department for Consular Affairs attached to the Ministry of Foreign Affairs shall conclude a collaboration protocol with the General Passport Department, the National Inspectorate for Public Records, and the National Centre for the Management of Databases on Public Records attached to the Ministry of Administration and Home Affairs.

(5) A temporary ordinary passport may be issued only once. If its holder intends to continue his/her trip or sojourn abroad after the expiry date of the temporary ordinary passport's validity, he/she shall be under an obligation to apply for issue of an ordinary passport or travel title, as applicable, before that date.

(6) In the instance stipulated under paragraph (3), if, based on the checks stipulated under paragraph (4), the applicant's identity cannot be established beyond doubt, he/she shall be issued a travel title and given the recommendation to travel to Romania in order to clear up the issue.

(7) The issuance of a temporary ordinary passport shall be notified at once to the community public service for the issuance and records of ordinary passports in the district of which the applicants have or had their latest domicile, as applicable.

Art. 18. - A temporary ordinary passport shall be invalidated by the authorities of competence for issuing the ordinary passport under the law, at the time when an ordinary passport is being issued. The invalidated temporary ordinary passport shall then be returned to its holder.

Section 4
Travel titles

Art. 19. -

(1) A travel title shall be the document issued by Romania's diplomatic missions or consular offices to Romanian citizens who are abroad and no longer hold a valid travel document, so that the holder may continue his/her trip, get his/her sojourn on the territory of a state in order, or return to Romania. Starting on the date set under article 7 (3) of Law no. 248/2005, with subsequent amendments, a travel title shall be issued for its holder only for him/her to return to Romania.

(2) When filing their applications for issue of new ordinary passports, the applicants shall submit their expired travel titles.

Section 5
Loss, theft and destruction of travel documents

Art. 20. -


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