The Ministry of Economy, Energy and Business Environment issued Order no. 791 of March 24, 2020 on the granting of emergency situation certificates to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic.
✓ What are the emergency situation certificates (ESCs)? What is their purpose?
The ESCs are mentioned in the Decree on the Instituting of the State of Emergency in the Territory of Romania as of March 16, 2020 and they certify the existence of the state of emergency for a certain economic agent and can attest the existing financial difficulty for this in the context of the SARS-CoV-2 pandemic.
The ESCs may be used by economic agents to obtain economic facilities/support measures in accordance with the Government Emergency Ordinance no. 30 for the amendment and completion of legal acts, as well as for establishing social protection measures, in the context of the epidemiologic situation determined by the spread of the SARS–CoV-2 coronavirus, the Government Emergency Ordinance no. 29 on certain economic and tax budgetary measures, published in the Official Gazette no. 230 of March 21, 2020 or other legal acts regulating measures granted in the context of the state of emergency.
The ESCs may be also used in the commercial relations with other economic agents to certify the fact that the holder’s activity is affected in the context of the SARS–CoV-2 pandemic, possibly in the conditions of invoking of a force majeure event in the performance of an agreement towards another economic agent.
✓ Conditions to Obtain an ESC. ESC Forms
The ESCs are issued in two forms:
▪ TYPE 1 (BLUE) – issued in the form presented in Annex no. 1 to the order, for the applicants requesting its granting based on an affidavit stating the total or partial interruption of their activity, as a result of the decisions issued by the competent public authorities, under the law, in the period of the decreed state of emergency; or
▪ TYPE 2 (YELLOW) – issued in the form presented in Annex no. 2 to the order, for the applicants requesting its granting based on an affidavit stating the incurring of a decrease of the incoming payments in March 2020 by minimum 25% as compared to the average mean of the incoming payments from the period January-February 2020.
The ESC release applications shall be submitted exclusively electronically by the platform http://prevenire.gov.ro/, and the certificates shall be released automatically, electronically, after the system has validated the application.
In order for an applicant to obtain a type of certificate, this must upload the following information and documents:
▪ the identification data;
▪ an affidavit of the legal representative, by which this attests that all information and documents at the basis of the application for obtaining the certificate are consistent with reality and comply with the effective legislation depending on the requested type of certificate, either by reference to the activity shutdown or to the decrease of incoming payments.
The documents shall be uploaded under the electronic signature of the legal representative of the economic operator or of its proxy, holder of electronic signature (if the legal representative does not have an electronic signature).
The ESCs shall be issued only during the period of existence of the state of emergency in Romania.