Notification by Romania to the European Commission pursuant to Article 42 of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Date: 2018-11-16
Institutions: Romania
Subjects: Schengen Agreement, administrative formalities, admission of aliens, border control, criminal law, external border of the EU, foreign national, identity document, penalty, residence permit








C_2018417EN.01002801.xml










16.11.2018   


EN


Official Journal of the European Union


C 417/28






Notification by Romania to the European Commission pursuant to Article 42 of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)
(2018/C 417/10)
Amendment to the information provided by Romania in the OJ C 18, 24.1.2008.

Article 23(c) of Regulation (EU) 2016/399 of the European Parliament and of the Council (1)
— Possibility for a Member State to provide by law for an obligation to hold or carry papers and documents

According to Article 108 of the Government Emergency Ordinance No 194/2002 on the aliens' regime in Romania, with latest amendments, the residence permit issued to the alien is the proof of identity, residence or domicile on the territory of Romania and of the right to reside into Romania, as well as the duration and purpose for which the right was granted.
The holder of the residence permit has the obligation to carry it over permanently, to not remove it from his/her custody and to present it to the competent authorities whenever requested.
According to Article 16^3 paragraph 2 of the same legal act, the holder of the local border traffic permit has the obligation to carry over the document permanently, to not remove it from his/her custody and to present it to the competent authorities whenever requested.

Article 23(d) — Possibility for a Member State to provide by law for an obligation on third-country nationals to report their presence on its territory

According to Article 12 of the Government Emergency Ordinance No 194/2002 on the aliens' regime in Romania, with latest amendments, the alien who entered legally on the Romanian territory, as well as the person hosting him/her, have the obligation to announce the territorial competent police unit about it within 3 days from the date of entry or hosting.
If accomodation is provided for by hotels or other tourist facilities, the alien will undergo the check in formalities in front of the administration office, the latter shall communicate, within 24 hours, the necessary data to the territorial competent police unit.

Article 5(3) — Penalties for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours

Article 262 of Law No 286/2009 on the Criminal Code provides that entering or exiting the country by illegally crossing Romania's state border shall be punished with imprisonment from six months to three years or a fine.
If this act was committed in order to avoid the criminal liability or serving a sentence or a custodial educational measure, or committed by a foreign national declared persona non grata or who was refused entry or stay within the country in any way, the penalty shall consist of one to five years of imprisonment.
The attempt shall be also punishable. The act committed by a victim of trafficking in human beings or by children shall not be punishable.


(1)  OJ L 77, 23.3.2016, p. 1.