The ensign does not come down during a mission: new rules on board Interior Ministry vessels

On Border Police vessels the ensign may not be lowered for as long as the mission lasts, and if it is destroyed the spare one is raised at once. This is one of the rules in the regulation that the Ministry of Internal Affairs has just rewritten. Order no. 112 of 20 July 2026 of the deputy prime minister, minister of internal affairs, published in Official Gazette of Romania no. 689 of 20 August 2026, approves the Regulation on shipboard service on vessels belonging to the Ministry of Internal Affairs. It is the second full rewriting of a large internal regulation published in this edition, after the one by which the National Commission for Property Compensation received new rules of operation.

The order has four articles, while the regulation itself is published separately, in Official Gazette of Romania no. 689 bis, over 60 pages. The legal basis is given by Article 3 of Government Ordinance no. 42/1997 on maritime transport and transport on inland waterways, Article 3 of Government Ordinance no. 22/1999 on the administration of ports and Article 7 paragraph (5) of Government Emergency Ordinance no. 30/2007 on the organisation of the Ministry of Internal Affairs.

Under Article 1, the regulation covers six matters: the duties of the members of the crew, the organisation of the services on board the vessel, the organisation and conduct of the specific activities at berth and under way, the rules of internal order, the health and hygiene measures and the ceremonies on board the vessel.

What it changes in practice

The first effect is the basic condition for going out on the water. The vessels held by the structures of the ministry may be used to carry out shipboard service only if they are in operational condition, a state defined cumulatively: the equipment and the installations that ensure the missions, the propulsion, the manoeuvring, the electrical power, the navigation and the communications must work in accordance with the technical regulations in force.

The second effect concerns the legal regime of navigation. While at berth and under way, the vessels observe national and international legislation in the matter of the law of the sea. In international waters, international maritime legislation applies; in the national waters of other states, the rules of those states apply; and navigation through shared border sectors is carried out in accordance with the agreements concluded by Romania with the neighbouring states.

The third effect is the rule on access, which holds for anyone who comes on board. Entries and exits are permitted only by way of the gangway or ladder of the vessel and are recorded in the ship’s log, while approval is given by the master of the vessel, on the basis of the instruction received from the head of the structure of the ministry that holds the vessel. Personnel from the higher echelons come on board on the basis of a service order, a control assignment order or a service assignment order.

The fourth effect has to do with ceremonial, and here the rules are unexpectedly precise. All vessels fly the ensign on the ensign staff or at the gaff, while those without masts and rigging carry it printed on both of the ship’s sides, in the area of the stern. Lowering the ensign during the mission is forbidden, both to the master of the vessel and to any other person embarked. If the ensign has been destroyed during the mission, the spare one is raised at once, and if the means of support has broken, the ensign is flown at the yard or in another visible place. Once the vessel enters repairs, shipyards or naval bases, the ensign is no longer raised.

The fifth effect is the salute, compulsory for personnel. In the interval between the raising and the lowering of the ensign, whoever comes on board or leaves the vessel salutes the ensign of the vessel, at the upper end of the gangway or on the upper platform of the ladder, by turning towards the ensign.

The sixth effect concerns small boats. The regulation states that, on these, the master of the vessel is called boat operator, which brings the internal terminology into line with navigation practice.

What has changed compared with the previous situation

The previous regulation dated from 2009 and had been approved by Order no. 307/2009 of the deputy prime minister, minister of administration and interior, acting, published in Official Gazette of Romania no. 20 of 12 January 2010. Article 3 paragraph (1) of the new order repeals it expressly, starting from the date of entry into force.

This is not a targeted amendment but a complete replacement, after sixteen years. Over that interval both the equipment held by the structures of the ministry and the European framework for the surveillance of the maritime and river border have changed, and the new regulation refers explicitly to the law of the sea and to the agreements on shared border sectors.

The second change is procedural and carries a deadline. Under Article 3 paragraph (2), within 30 days of entry into force, instructions of the minister of internal affairs are to be issued on the certification of the seagoing personnel who hold or are to hold the specialist posts on board the vessels. The deadline expires on 19 September 2026.

Until those instructions are issued, Article 3 paragraph (3) lays down a transitional solution: the previous rules on the certification of seagoing personnel apply accordingly, so no regulatory gap appears between the old regime and the new one.

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