State of emergency certificates

27. March 2020 | Reading Time: 3 Min

I. ELLIGIBILITY

According to Order no. 791/2020 regarding the granting of state of emergency certificates, issued by the Ministry of Economy, Energy and the Business Environment, and published in the Official Gazette on 25 March 2020, economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic are eligible to apply for a state of emergency certificate.
The state of emergency certificate (CSU) is an act issued to all eligible economic operators in keeping with GEO no. 30/2020, GEO no. 29/2020 and all of the Military Orders issued to date that allows them to take advantage of the economic, fiscal and social protection facilities made available by the Government of Romania and use in commercial relations with third parties.

II. TYPES OF STATE OF EMERGENCY CERTIFICATE

According to the aforementioned Order, two different types of certificate will be issued to eligible economic operators:
1. TYPE 1 (blue) – in the case of a total or partial interruption of activity, as a result of the decisions taken by the competent public authorities, according to the law, during the period of the state of emergency
2. TYPE 2 (yellow) – in the case of a decrease in collections for March 2020 of at least 25% compared with the average level of collections for the period January to February 2020.

III. APPLICATION PROCEDURE

State of emergency certificates can be obtained exclusively online, free of charge via the http://prevenire.gov.ro platform (operational until 30 March).
The identification data for the economic operator and a statutory declaration completed by the legal representative is to be uploaded using an electronic signature. If the legal representative does not have an electronic signature, he/she may provide a handwritten signature, with all documents uploaded to the platform subsequently to be signed electronically by the person appointed for this purpose.
The declaration must certify that all the information and documents submitted in support of the application for a state of emergency certificate are truthful and comply with the legislation in force as regards the type of certificate being requested, with respect to a total or partial cessation of activity or a reduction in collections by the amount indicated.
Warning! Applicants not registered with the Trade Register Office must submit additional documentation regarding the authorisation of their activity.
The certificates will be issued automatically, in electronic format, after validation of the system request.

IV. CLARIFICATIONS

  • State of emergency certificates can only be issued during the state of emergency currently declared in Romania.
  • Each economic operator can only obtain one type of certificate.
  • The certificates are valid without a signature or stamp, with authentication possible via the platform based on series and number.
  • The inspections and controls to which economic operators will be subject will also include the verification of the documents submitted for the purposes of issuing the declaration, in order to apply for a state of emergency certificate.

Source: Order 791/2020 regarding the granting of state of emergency certificates to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, published in the Official Gazette no. 248 on 25 March 2020.

 

COVID-19 Legal Flash_No.3_27.03.2020_EN