Legal Flash no. 38

Decision no. 856 of October 14, 2020 on the extension of the status of alert on Romanian territory starting with October 15, 2020, as well as the establishment of the measures applied during it to prevent and combat the effects of the COVID-19 pandemic.

In the Official Gazette no. 945 of October 14, 2020, Decision no. 856/2020 on the extension of the status of alert on Romanian territory, which entered into force on October 15, 2020, was published.

By adopting Decision no. 856/2020, the Romanian Government ordered the following measures of interest in preventing and combating the pandemic caused by the SARS-COV 2 virus:

• the organization and holding of rallies, demonstrations, processions, concerts or other types of gatherings in open spaces, as well as gatherings of the nature of cultural, scientific, artistic, sports or entertainment activities in closed spaces, with certain exceptions, are prohibited;

• the activities of museum institutions, libraries, bookstores, cinemas, film and audiovisual production studios, performance and / or concert institutions, folk, art and craft schools, as well as outdoor cultural events may take place only under the established conditions by joint order of the Minister of Culture and the Minister of Health;

• the organization and development of the activity in cinemas, performance institutions and / or concerts is allowed, with the public participation up to 50% of the maximum capacity of the space, if the cumulative incidence in the last 14 days of cases in the county / locality is less than or equal with 1.5 / 1,000 inhabitants, with the participation of the public up to 30% of the maximum capacity of the space, if the cumulative incidence in the last 14 days of the cases in the county / locality is higher than 1.5 and less than or equal to 3 / 1,000 inhabitants and it is forbidden in the event where the case incidence exceeds 3 / 1,000 inhabitants;

• recreational and sporting activities carried out in the open air are prohibited, except for those carried out with the participation of no more than 10 persons not living together, established by joint order of the Minister of Health, as appropriate, with the Minister of Youth and Sports, the Minister of Environment, waters and forests or the Minister of Agriculture and Rural Development;

• it is forbidden to organize private events (weddings, baptisms, festive meals, etc.) in closed spaces such as, but not limited to, salons, cultural centers, restaurants, bars, cafes, event halls /tents;

• it is forbidden to organize private events (weddings, baptisms, festive meals, etc.) in open spaces such as, but not limited to, salons, cultural centers, restaurants, terraces, bars, cafes, event halls / tents;

• it is allowed to organize training courses and workshops for adults, including those organized for the implementation of projects funded by European funds, with a number of participants of maximum 25 people indoors and maximum 50 people outdoors and in compliance with health regulations established in the order of the Minister of Health;

• the movement of persons in pedestrian groups larger than 6 persons who do not belong to the same family, as well as the formation of such groups inside localities is forbidden;

• the public activity of economic operators carrying out activities of preparation, marketing and consumption of food and / or alcoholic and non-alcoholic beverages, such as restaurants and cafes, inside buildings, is allowed without exceeding 50% of the maximum space capacity and in the time interval 6.00-23.00, in the counties / localities where the cumulative incidence of cases in the last 14 days is less than or equal to 1.5 / 1,000 inhabitants, without exceeding 30% of the maximum capacity of the space and in the time interval 6.00-23.00, if the cumulative incidence in the last 14 days of the cases in the county / locality is higher than 1.5 and less than or equal to 3 / 1,000 inhabitants, and is forbidden if the case incidence exceeds 3 / 1,000 inhabitants;

• in case the activity of the economic operators provided above is restricted or closed, it is allowed to prepare food and sell food and alcoholic and non-alcoholic beverages that are not consumed in the respective spaces;

• the activity of the economic operators carried out in closed spaces in the following fields is suspended: activities in swimming pools, playgrounds and game rooms;

• the activity with the public of the economic operators licensed in the field of gambling is allowed without exceeding 50% of the maximum space capacity in the counties / localities where the cumulative incidence of cases in the last 14 days is less than or equal to inhabitants, without exceeding 30% of the maximum capacity of the space, if the cumulative incidence in the last 14 days of the cases in the county / locality is higher than 1.5 and less than or equal to 3 / 1,000 inhabitants, and is forbidden if the case incidence exceeds 3 / 1,000 inhabitants;

• for all public or private institutions and economic operators, the obligation to analyze the way of carrying out the activity and the organization of the work program in telework or work at home is established.