Tax & Legal Flash no. 11
01 April 2020
Decree of the President regarding the extension of the state of emergency on the territory of Romania, published in the Official Gazette no. 311 / 14.04.2020
Starting with 15.04.2020 the state of emergency established by Decree no. 195 / 16.03.2020 was extended by a further 30 days (i.e. until 15.05.2020), and the measures ordered by the acts issued for its implementation are maintained during the state of emergency thus prolonged.
According to the Decree on extending the state of emergency, the following additional measures with direct applicability are established during the state of emergency:
- in the field of European funds, the competent authorities can approve, at the justified request of the beneficiaries, the reorganization, restructuring or reprogramming of the activities that are the object of financing from European funds, without prejudice to the indicators or objectives of the projects and without extending the financing contracts later than 31.12.2023; also, the documentation required to obtain the agreements / notices / certificates will be submitted in electronic format;
- the deadlines stipulated by the law for the execution of the procedural documents or for the exercise of complaints and appeals of any kind in the cases that are not considered urgent, being in progress at the date of the prolongation of the state of emergency, are interrupted and new terms of the same duration shall lapse from the date of cessation of the state of emergency;
- in the interraction with the Trade Register Offices, the statements on own liability can be concluded as documents under private signature or an electronic form (legal provision is to be in authenticated form) and can be transmitted without any other formality; also, the signature specimen, where necessary, can also be transmitted in the form of a document under private signature, without any other formality.
We remind that, by Decree no. 195 / 16.03.2020, the following measures with direct applicability were established:
- possibility of suspending the financing contracts by the beneficiaries of EU funds affected by the emergency measures, by agreement with the managing authorities/intermediary bodies;
- issuance, upon request, of emergency situation certificates to the economic operators whose activity is affected in the context of COVID-19, by the Ministry of Economy, Energy and Business Environment;
- maintaining the validity of the documents issued by the public authorities that expire during the state of emergency;
- the unilateral introduction, where possible, of work at home or teleworking, by the national companies, companies in which the state or an administrativeterritorial unit is sole or majority shareholder and the companies with private capital;
- interruption of inspections on employers carried-out by the Territorial Labor Inspectorates, except for those ordered by the Minister of Labor and Social Security, by the Labor Inspectorate for the implementation of the decisions of the National Committee for Special Emergency Situations and those required to give course to the notifications regarding the committing of certain acts with a high degree of social danger and for the investigation of labour accidents;
- maintaining the validity of collective labour contracts and collective labour agreements during the state of emergency;
- prohibition of declaring, triggering or conducting collective labour conflicts in the units of the national energy system, nuclear sectors, units with “continuous fire”, health and social assistance, telecommunications, radio and public television, railway transport, units that ensure the public transport and sanitation as well as units that ensure the supply with gas, electricity, heat and water;
- statute of limitation and the deadlines of any kind do not start to lapse and, if they do, they will be suspended during the entire state of emergency;
- judiciary activity will be conducted only in the cases of special emergency, the list of such cases being established by the High Court of Cassation and Justice and by the Courts of Appeal; other civil lawsuits are suspended de jure during the state of emergency and will be resumed ex officio after the state of emergency ceases;
- postponement of cases of special urgency can be approved upon request, in case the interested party is in isolation at home, quarantined or hospitalized in the context of COVID-19;
- foreclosure/forced execution activity continues only in cases where it is possible to comply with the sanitary discipline rules;
- the legal deadlines for petitions/requests to information of public interest are doubled.
Order no. 872 of 10 April 2020 for amending the annex no. 3 to the Order of the Minister of Economy, Energy and Business Environment no. 791/2020 regarding the granting of the emergency situations certificates to the economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, published in the Official Gazette no. 312 / 14.04.2020
- item no. 5 of the annex no. 3 has been modified in the sense that the Type 1 certificate is granted for "the interruption of the activity in whole or in part, as a result of the effects of the decisions issued by the competent public authorities [...]";
- a new item (item 6, instead of the current item 7) was introduced, which regulates the requirement to specify whether or not the applicant entity is an NGO.