CERTIFICATES OF EMERGENCY SITUATIONS: CONDITIONS AND REQUIRED DOCUMENTS

By Order no. 791 of March 24, 2020, regarding the issuance of certificates of emergency situations to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, the procedure for obtaining emergency situation certificates was established.

1. What types of emergency situation certificates are issued?
2. Blue certificates: For those who request it based on a self-declaration indicating the total or partial interruption of activity due to decisions issued by competent public authorities, according to the law, during the declared state of emergency.
3. Yellow certificates: For those who request it based on a self-declaration indicating a decrease in revenues in March 2020 by a minimum of 25% compared to the average revenues from January-February 2020.

To obtain the certificates, an online application must be submitted through the platform http://prevenire.gov.ro/, providing:

– Company identification data

– Contact details

– Reason for requesting the emergency situation certificate

– Justification for the need for it

– Financial situation data

Registration can be done electronically by the applicant through an electronic signature. If the applicant does not have an electronic signature, they can authorize a specialized person to submit the application on behalf of the company.

Additionally, to prove the need for the certificate, some supporting documents must be uploaded, according to Article 2, paragraph (3) of the Order:

1. Unique Registration Certificate of the company
2. ID of the Administrator/Administrators/Legal Representative
3. A self-declaration assuming full responsibility for the declared and submitted information, available on the site
4. Certificate issued by the National Trade Register Office.
5. For which industries is Emergency Situation Certificate Type I (BLUE) issued?

The Emergency Situation Certificate Type I is issued, until now, for:

– According to Military Ordinance no. 1/2020, for:

– Suspension of serving and consuming food and alcoholic and non-alcoholic beverages organized by restaurants, hotels, cafes, or other public places, in spaces intended for this purpose inside or outside the location.

– Suspension of cultural, scientific, artistic, religious, sports, entertainment, or gambling activities, balneotherapy, and personal care activities carried out in enclosed spaces.

– Economic operators prohibited from organizing and conducting any event involving more than 100 people in open spaces.

– Economic operators distributing medicines for export.

– Airlines operating flights to and from Spain and Italy for all airports in Romania, except for state aircraft, cargo and mail flights, humanitarian flights, flights providing emergency medical services, and non-commercial technical landings.

– According to Military Ordinance no. 2/2020, for:

– Economic operators conducting activities in dental medicine offices.

– Operators carrying out retail activities of products and services in shopping centers where multiple economic operators operate, with exceptions for the sale of food, veterinary or pharmaceutical products and cleaning services, electronic and household appliances sales by operators providing home delivery, and sales of optical medical products.

– According to Military Ordinance no. 3/2020, for:

– Economic operators on the Sulina port route for vessels coming from the Black Sea.

– Air operators conducting flights to and from France and Germany for all airports in Romania, with exceptions for state aircraft, cargo and mail flights, humanitarian flights, flights providing emergency medical services, and non-commercial technical authorizations.

3. Who can request the issuance of an Emergency Situation Certificate?
4. a) Any economic operator affected by the state of emergency, according to Military Ordinances 1, 2, and 3 of 2020, interrupting their activity totally or partially due to these measures, for Type 1 (Blue) certificate.

or

1. b) Economic operators who, following the declaration of a state of emergency, have recorded a reduction in collections or revenues in March 2020 by a minimum of 25% compared to the average collections or revenues from January to February 2020, for Type 2 (Yellow) certificate.
2. Where can the certificates be requested?

Emergency Situation Certificates will be requested and issued exclusively online through the application that can be accessed from the platform http://prevenire.gov.ro within 5 days of the publication of the Order of the Ministry of Economy, Energy, and Business Environment no. 791/24.03.2020 in the Official Gazette no. 248/25.03.2020.

5. Where can the self-declaration be downloaded?

The self-declaration can be downloaded from the dedicated application, which will be operationalized on the platform http://prevenire.gov.ro within 5 days of the publication of the Order of the Ministry of Economy, Energy, and Business Environment no. 791/24.03.2020 in the Official Gazette no. 248/25.03.2020.

6. Can self-employed individuals and individual enterprises not eligible for technical unemployment benefit from the Emergency Situation Certificate?

Any economic operator whose activity is affected by the SARS-CoV-2 pandemic and has recorded a reduction in collections or revenues in March 2020 by a minimum of 25% compared to the average collections or revenues from January to February 2020 or is closed can request the Emergency Situation Certificate to be assisted in dealing with public institutions to obtain, under the law, facilities/support measures (such as utility payments, commercial relationships, etc.).

7. Can travel agencies with CAEN codes 7912, 7911 request a specific type of certificate?

If they are affected in terms of collections/revenues, they can request a Type 2 (Yellow) Emergency Situation Certificate.

If they are affected by Military Ordinances 1, 2, and 3, they can request a Type 1 (Blue) Emergency Situation Certificate.

8. Can Start-up Nation beneficiary companies request an Emergency Situation Certificate?

Yes, all economic operators whose activity is affected by the SARS-CoV-2 pandemic can request an Emergency Situation Certificate as follows:

1. Type 1 (Blue) – issued based on a self-declaration that can be downloaded from the prevenire.gov.ro platform at the time of the electronic application’s operationalization, indicating the total or partial interruption of activity due to decisions issued by competent public authorities, according to the law, during the declared state of emergency (Military Ordinances 1, 2, and 3).
2. Type 2 (Yellow) – issued based on a self-declaration that can be downloaded from the prevenire.gov.ro platform at the time of the electronic application’s operationalization, indicating a recorded decrease in collections/revenues in March 2020 by a minimum of 25% compared to the average collections/revenues from January to February 2020.

Article by Adina Țimonea, associate lawyer at SCPA CÂMPAN & ȚIMONEA