Cross-border observation is allowed for the following offences: a) homicide, assassination and murder; b) serious sexual offences, including rape and sexual abuse of children; c) destruction and aggravated destruction, committed through arson, explosion or any other such means; d) counterfeiting and forgery of means of payment; e) aggravated theft and robbery, as well as receiving stolen goods; f) extortion; g) kidnapping; h) traffic in human beings and related offences; i) traffic in narcotic drugs or precursors; j) breach of the laws on arms, ammunition, explosives, nuclear materials and other radioactive substances; k) illegal carriage of toxic and dangerous waste; l) smuggling of aliens; m) blackmail. In addition, croos-border observation is allowed for a) manslaughter; b) serious fraud; c) money laundering; d) illicit traffic in nuclear and radioactive substances; e) participation in criminal organizations, mentioned in the Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organization in the Member States of the European Union; f) offences of terrorism provided in the Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism. Request has to include the following information: Information available on the ground ( Alternate use of registration plates requested, Estimated time of surveillance (day, month, year, time, duration of the operation), Estimated area of the operation, Estimated location of crossing the border, Information on the person observed (Personal information (armed, violent, drug user), Vehicle with a tracking device)
When, for particularly urgent reasons, prior authorization of Romania cannot be requested, the foreign officers conducting the observation within the framework of a criminal investigation shall be authorized to continue in Romanian territory the observation of a person presumed to have committed any of the offences listed above, provided that the following conditions are met : a) the crossing of the border shall be notified at once, during the observation, to the Prosecution Office of the High Court of Cassation and Justice, as well as to the structure of the Border Police operating within the border crossing point; b) a request outlining the grounds for crossing the border without prior authorization shall be submitted without delay. During the cross-border surveillance, the requesting state may ask to approve the taking of audio, video, ambient and GPS recordings.